DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 6-9, 11-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2019/0221779) in view of Lee et al. (US 2020/0119113) and further in view of Kim (US 2020/0212364), and further in view of Ohta et al. (US 2012/0218173) and further in view of Huangfu et al. (US 2020/0043990).
Regarding claim 1:
Jang discloses:
Claim 1
Jang
1. (Currently amended) A touch display panel, comprising:
a display module, comprising a plurality of light-emitting areas arranged in an array;
Jang: abstract; Fig. 2
a touch module, disposed on a light-emitting side of the display module and comprising:
Jang paragraph 54
a first touch metal layer, disposed on the display module;
Jang paragraph 97; Fig. 6: TE1
an interlayer insulating layer, disposed on the first touch metal layer;
Jang Fig. 6: OL1
a second touch metal layer, disposed on the interlayer insulating layer; and
Jang Fig. 6: TE2
an organic protective layer, disposed on the second touch metal layer, and provided with a plurality of micro-lens structures on a side away from the display module and arranged in one-to-one correspondence with the plurality of light-emitting areas,
Jang has an organic protective layer disposed on the second touch metal layer -- Fig. 10: OL2 -- and a layer with a plurality of micro-lens structures, Fig.: 10: 520, but these are not one layer.
a polarization layer, disposed on a side of the touch module away from the display module;
Not disclosed by Jang
a protective cover, disposed on a side of the polarization layer away from the display module;
Jang Fig. 10: 600; paragraph 120
a first adhesive layer, disposed between the polarization layer and the organic protective layer; and
Jung paragraph 121 has an adhesive layer, but see below
a second adhesive layer, disposed between the protective cover and the polarization layer,
Not disclosed by Jang
wherein each of the micro-lens structures comprises at least one convex surface protruding in a direction away from the display module, and the first adhesive layer directly covers the at least one convex surface so that the first adhesive layer is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface;
In Jang Fig. 10 each micro-lens structure has a convex surface as seen in the figure.
There is a layer OL3 that covers it with a recessed structure on one side and a flattened surface on the other side. Jang does not disclose that this layer is adhesive.
wherein the organic protective layer is configured to form the plurality of micro-lens structures to define the plurality of micro-lens structures as parts of the organic protective layer;
In Jang the organic protective layer and the micro-lens structures are separate elements/
wherein the display module comprises:
a substrate;
Jang Fig. 10: 110
a driving circuit layer, disposed on the substrate; and
Jang paragraph 60
a light-emitting layer, disposed on the driving circuit layer and comprising a plurality of organic light-emitting elements in one-to-one correspondence with the plurality of light-emitting areas;
Jang Fig. 10: 212
wherein the light-emitting layer comprises:
a first electrode layer, disposed on the driving circuit layer;
Jang Fig. 10: 211
wherein the first electrode layer comprises a plurality of electrode blocks arranged at intervals;
As seen in, e.g., Jang Fig. 10
a pixel defining layer disposed between the plurality of electrode blocks and covering edges of the electrode blocks;
Jang Fig. 10: 190
an organic light-emitting functional layer; and
Jang Fig. 10: 212
a second electrode layer;
Jang Fig. 10: 213
wherein the organic light-emitting functional layer has a first portion covering the first electrode layer and a second portion covering the pixel defining layer, a top surface of the first portion is flush with a top surface of the second portion to provide a flat top surface for the organic light-emitting functional layer, and the second electrode layer is directly flatten on the organic light-emitting functional layer.
Not taught by Jang. Huangfu shows this -- paragraph 117, as shown in Fig. 7: the pixel defining layer 50 covers the edges of the electrode 40, the organic light-emitting functional layer 60 covers them both, the top is flat, and as per paragraph 130 there could be a cathode above it.
So Jang does not disclose:
(A) "the organic protective layer is configured to form the plurality of micro-lens structures to define the plurality of micro-lens structures as parts of the organic protective layer"
(B) "a polarization layer, disposed on a side of the touch module away from the display module;"
(C) "a first adhesive layer, disposed between the polarization layer and the organic protective layer" where " the first adhesive layer directly covers the at least one convex surface so that the first adhesive layer is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface"
(D) "a second adhesive layer, disposed between the protective cover and the polarization layer"
(E) "wherein the organic light-emitting functional layer has a first portion covering the first electrode layer and a second portion covering the pixel defining layer, a top surface of the first portion is flush with a top surface of the second portion to provide a flat top surface for the organic light-emitting functional layer, and the second electrode layer is directly flatten on the organic light-emitting functional layer."
Regarding (A):
Lee discloses:
wherein the organic protective layer is configured to form the plurality of micro-lens structures to define the plurality of micro-lens structures as parts of the organic protective layer (Fig. 20: 511, where it could be organic as per paragraph 116).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include in Jang the elements taught by Lee.
The rationale is as follows:
Jang and Lee are directed to the same field of art.
Jang discloses micro-lenses and an organic layer that are separate structures. Lee shows that in almost identical circumstances the micro-lenses can be formed from the organic layer. One of ordinary skill in the art could have substituted this for the micro-lenses of Jang with predictable results – for instance, to simplify materials and manufacture.
Regarding (B) and (D):
Kim discloses:
wherein the touch display panel further comprises: a polarization layer, disposed on a side of the touch module away from the display module; a protective cover, disposed on a side of the polarization layer away from the display module; a first adhesive layer, disposed between the polarization layer and the organic protective layer; and a second adhesive layer, disposed between the protective cover and the polarization layer (paragraphs 170-171, where as seen in, e.g., Fig. 6A this is above a touch protection layer 179, and where the adhesive is discussed in paragraph 221).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include in Jang in view of Lee the elements taught by Kim.
The rationale is as follows:
Jang, Lee, and Kim are directed to the same field of art. Jang already has half of these components, and really is only missing the polarizer and its adhesive. Including one can improve the contrast ratio (Kim paragraph 170). This is a known improvement that one of ordinary skill in the art could have included with predictable results.
Regarding (C):
Jang in view of Lee and Kim discloses a first adhesive layer as just discussed.
Furthermore, Jang, etc., also discloses a layer that directly covers the at least one convex surface so that the first adhesive layer is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface (Jang Fig. 10: OL3).
So the only element not disclosed by Jang, etc., here is that this layer that covers the at least one convex surface is an adhesive layer.
Ohta discloses:
the first adhesive layer directly covers the at least one convex surface so that the first adhesive layer is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface (paragraph 133, as seen in Fig. 2).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include in Jang, etc., the elements taught by Ohta.
The rationale is as follows:
Jang, etc., and Ohta are directed to the same field of art.
Jang already has a nearly identical layer. Ohta simply teaches that it could be a bonding layer. This would, e.g., save layers and simplify construction. One of ordinary skill in the art could have included this with predictable results.
Regarding (E):
Huangfu discloses:
wherein the organic light-emitting functional layer has a first portion covering the first electrode layer and a second portion covering the pixel defining layer, a top surface of the first portion is flush with a top surface of the second portion to provide a flat top surface for the organic light-emitting functional layer, and the second electrode layer is directly flatten on the organic light-emitting functional layer (paragraph 117; shown in Fig. 7: the pixel defining layer 50 covers the edges of the electrode 40; the organic light-emitting functional layer 60 overs them both, the top is flat, and as per paragraph 130 there could be a cathode above it ).
It would have been obvious to one of ordinary skill in the art at the time the application was filed to include in Jang in view of Lee the elements taught by Huangfu.
The rationale is as follows:
Jang, Lee, and Huangfu are directed to the same field of art.
This is an alternate way of constructing the display module, used in the same environment, for the same purpose, and achieving the same result. It has potential benefits including planarizing the layers – Jang needs additional layers to achieve this planarization. One of ordinary skill in the art could have included this with predictable results.
Regarding claim 2:
Jang, etc., discloses:
wherein a projection of each of the micro-lens structures in a direction perpendicular to the display module completely covers a corresponding one of the light-emitting areas (shown in Jang Fig. 10: 521a is wider than the pixel PX).
Regarding claim 3:
Jang, etc., discloses:
wherein the convex surface is arc-shaped (Jang Fig. 10).
Regarding claim 4:
Jang in view of Lee discloses:
wherein the convex surface comprises at least one inclined surface, and an angle between the inclined surface and an extension direction of the organic protective layer is an acute angle (Jang Fig. 10).
Regarding claim 6:
Jang, etc., discloses:
wherein a material of the organic protective layer comprises organic resin (Jang paragraph 111, but also Lee paragraph 116).
Regarding claim 7:
Jang, etc., discloses:
wherein the display module comprises:
an encapsulation layer, disposed on the light-emitting layer (Jang paragraph 84),
wherein the touch module is disposed on the encapsulation layer (as can be seen in Jang Fig. 10 the touch layer is on the encapsulation layer 301).
Regarding claim 8:
Jang, etc., discloses:
wherein each of the organic light-emitting elements comprises a portion of the first electrode layer, a portion of the organic light-emitting functional layer, and a portion of the second electrode layer (Jang paragraph 83: “may define the pixel”).
Regarding claim 9:
Jang, etc., discloses:
the pixel defining layer comprises subpixel openings corresponding to the electrode blocks (as seen in Jang Fig. 2; paragraph 81, but also as per Huangfu Fig. 7), and the light-emitting areas are in in one-to-one correspondence with the subpixel openings (Jang Fig. 3; paragraph 83).
Regarding claim 11:
Jang, etc., discloses:
a protective cover, disposed on a side of the touch module away from the display module; and an adhesive layer, disposed between the protective cover and the organic protective layer (Jang paragraphs 120-121).
Regarding claim 12:
Jang, etc., discloses:
wherein projections of the first touch metal layer and the second touch metal layer in a direction perpendicular to the display module are spaced apart from the light-emitting areas (shown in Jang Fig. 10, where the touch metal layers TE1 and TE2 are between the pixels).
Regarding claim 13:
Jang, etc., discloses:
wherein the first touch metal layer is spaced apart from the second touch metal layer, the first touch metal layer comprises a plurality of first touch electrodes, and the second touch metal layer comprises a plurality of second touch electrodes (these two layers are shown in Jang Figs. 4A and 4B), orthographic projections of the first touch electrodes and the second touch electrodes on the display module are spaced apart from the light-emitting areas (as shown in Jang Fig. 5).
Regarding claims 14-17 and 19-20:
All elements positively recited have already been identified with respect to earlier rejections. No further elaboration is necessary.
Response to Arguments
Applicant's arguments filed 08 December 2025 have been fully considered but they are not persuasive.
Applicant argued that the new language of the claim rendered it allowable, and in particular the new language to “the first adhesive layer directly covers the at least one convex surface so that the first adhesive layer is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface”
This was not exactly disclosed by the prior art in the previous rejection. But Jang is very, very close to it, and even implies it. See Jang Fig. 10:
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413
513
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Greyscale
There is a layer here that is provided with a first surface and a second surface, wherein the first surface is close to the display module and has at least one recessed structure corresponding to the at least one convex surface, and the second surface is away from the display module and has a flattened surface -- layer OL3.
The only difference is this is not “a first adhesive layer.” It actually may be one because no layer is shown between it and the cover 600. Jang states there “may be” an adhesive layer between OL3 and 600 (paragraph 121) but the implication is that if there is not, this layer OL3 is itself the adhesive.
Since this is the only element that applicant points to and distinguishing it over the prior art, it is very difficult to conclude that this is not known when Jang itself at least implies it.
In the interests of being completely clear, to explicitly show that a planarization layer above a concave lens can also be an adhesive layer, Ohta is now relied on. Ohta shows exactly this.
This rejection now involves a number of references. But it is not actually all that complicated. The rejection is long, but Jang alone teaches almost the entire structure of the claim.
Jang doesn’t clearly indicate what the lens elements 520 are made from, so Lee is relied upon to show that they could be organic materials. Jang doesn’t clearly state that OL3 is an adhesive, but at least implied it, and to explicitly show this Ohta is relied upon to show they could be one and the same. Jang doesn’t show a polarization layer, but this is so common in the art it probably is more likely that Jang didn’t bother to mention it than it doesn’t have it. Kim shows it explicitly. And the edges of the lenses with respect to the pixel electrodes are a little different but Huangfu shows this is known in the art.
Therefore applicant’s arguments are not persuasive in light of the new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CHRISTOPHER R LAMB/Primary Examiner, Art Unit 2622