CTNF 18/526,913 CTNF 83834 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US. Pub: 2021/0202587 A1~ hereinafter “Kim”) . Regarding claim 1, Kim discloses (in at least figs. 4A-7) a color conversion substrate (20) comprising: a base substrate (300); a bank layer (320; [0076]; i.e. the first partition) disposed under the base substrate and defining a pixel opening (see at least figs. 4A-7) and a dummy opening (formed in the NDA portion) adjacent to the pixel opening (see figs. 4A-7); a color conversion layer (331, 332, 333; [0050]) disposed in the pixel opening of the bank layer (see figs. 4A-7; a spacer (321; [0083]-[0084], best seen in at least fig. 4C) disposed under the bank layer; and an auxiliary layer (334; [0078]; i.e. the dummy color conversion layer) disposed in the dummy opening of the bank layer (see at least figs. 4A-7). Kim does not expressly disclose the auxiliary layer includes a same material as the spacer, and having a thickness smaller than a thickness of the bank layer. However, Kim discloses (in at least [0078]) “the dummy color conversion pattern 334 includes the same material as a portion of the color conversion layers 331 , 332 , and 333.” Kim further discloses (in at least [0083]) “The second partition 321 includes a lyophobic material to provide a lyophobic characteristic such that a material forming the first color conversion pattern 331 , the second color conversion pattern 332 , and the light transmission pattern 333 is not applied to the non-emission area during an inkjet process.” It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to contemplate forming the auxiliary layer of Kim with the same material as the spacer, and having a thickness smaller than a thickness of the bank layer in order to reduce the manufacturing steps of the color conversion substrate. Regarding claim 2, Kim discloses (in at least figs. 4A-7) the thickness of the auxiliary layer (334) is smaller than a thickness of the color conversion layer (331, 332, 333). Regarding claims 3 and 10, Kim discloses (in at least figs. 4A-7) each of the spacer (321) and the auxiliary layer (334), but fails to disclose it includes an organic photoresist material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming each of the spacer and auxiliary layer of Kim with an organic photoresist material, since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. Regarding claim 4, Kim discloses (in at least figs. 4A-7)9 a color filter layer (311, 312, and 313; [0074]) disposed between the base substrate (300) and the bank layer (320), but fails to disclose a low-refractive index layer disposed between the color filter layer and the bank layer. However, it is well-known in the art to form a low-refractive index layer disposed between the color filter layer and the bank layer as evident by Park et al. (US. Pub: 2020/0227485 A~ hereinafter “Park) at least fig. 3); a low-refractive index layer (PL1; [0065]) disposed between the color filter (CF1, CF2, and CF3) and the bank layer (PL2) in order to protect the color filter layer. Accordingly, it would have been layer to one of ordinary skill in the art before the effective filing date of the invention to modify the color filter substrate of Kim with the low-refractive layer teaching of Park in order to protect the color filter layer. Regarding claim 5, Kim discloses (in at least figs. 4A-7) a display device comprising: a first base substrate (300); a bank layer (320) disposed under the first base substrate and defining a pixel opening (see figs. 4A-7) and a dummy opening (see figs. 4A-7; i.e. the opening in the NDA region) adjacent to the pixel opening; a color conversion layer (331, 332, and 333; [0058]) disposed in the pixel opening of the bank layer; a spacer (321; best seen in least fig. 4C) disposed under the bank layer (320); an auxiliary layer (334; [0058]; i.e. the dummy color conversion pattern) disposed in the dummy opening of the bank layer (see figs. 4A-7); a second base (100; see fig. 7) substrate facing the first base substrate; a display element layer (10; see fig. 7; [0129]) disposed on the second base substrate; and a filling layer (610; [0129]) filling a gap between the first base substrate (300) and the second base substrate (100). Kim does not expressly disclose the auxiliary layer includes a same material as the spacer, and having a thickness smaller than a thickness of the bank layer. However, Kim discloses (in at least [0078]) “the dummy color conversion pattern 334 includes the same material as a portion of the color conversion layers 331 , 332 , and 333.” Kim further discloses (in at least [0083]) “The second partition 321 includes a lyophobic material to provide a lyophobic characteristic such that a material forming the first color conversion pattern 331 , the second color conversion pattern 332 , and the light transmission pattern 333 is not applied to the non-emission area during an inkjet process.” It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to contemplate forming the auxiliary layer of Kim with the same material as the spacer, and having a thickness smaller than a thickness of the bank layer in order to reduce the manufacturing steps of the color conversion substrate. Regarding claim 6, Kim discloses (in at least figs. 4A-7) the thickness of the auxiliary layer (334) is smaller than a thickness of the color conversion layer (331, 332, 333). Regarding claim 7, Kim discloses (in at least figs. 4A-7) the filling layer (610) is disposed under the auxiliary layer (334) in the dummy opening. Regarding claim 8, Kim does not expressly disclose a distance between the auxiliary layer and the display element layer has a range of about 8 micrometers or more. However, Kim discloses (in at least fig. 7) a distance between the auxiliary layer (334) and the display element layer (10). One of ordinary skill in the art would have been led to the recited distance range through design choice. Applicant has not disclosed that the recited distance is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using the distance of Kim. Regarding claim 9, Kim does not expressly disclose the spacer contacts the display element layer. However, Kim discloses (in at least fig. 4C and 7) a spacer (321) and display element layer (10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the display device of Kim such that the spacer contacts the display element layer, since it has been held rearranging parts of an invention involves only routine skill in the art. Regarding claim 11, Kim discloses (in at least 4C) a thickness of the spacer (321) is smaller than the thickness of the auxiliary layer (334). Regarding claim 12, Kim discloses ([0129]) the filling layer (610) includes an organic material. Regarding claim 13, Kim discloses (in at least fig. 7) a capping layer (400) disposed under the bank layer (320) and the color conversion layer (331, 332, and 333). Regarding claim 14, Kim discloses (in at least fig. 7) the capping layer (400) covers the bank layer (320) and the color conversion layer (331, 332, and 333), and is disposed in the dummy opening (see fig. 7). Regarding claim 15, Kim does not expressly disclose the auxiliary layer (334) is disposed under the capping layer in the dummy opening. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Kim such that the auxiliary layer is disposed under the capping layer in the dummy opening, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 16, Kim discloses (in at least figs. 4C and 7) the spacer (321) is disposed under the capping layer (400). Regarding claim 17, Kim discloses (in at least fig. 7) the display element layer (10) includes: a transistor disposed on the second base substrate (see fig. 7); and a light emitting diode (i.e. OLED) connected to the transistor. Regarding claim 18, Kim discloses (in at least fig. 7) the light emitting diode (OLED) overlaps the pixel opening and is spaced apart from the dummy opening in a plan view (see fig. 7). Regarding claim 19, Kim does not expressly disclose a thickness of the color conversion layer is smaller than the thickness of the bank layer. However, Kim discloses (in at least figs. 4A-7) the display device comprised of, in part, a color conversion layer (331, 332, and 333) and a bank layer (320). One of ordinary skill in the art would have been led to the recited thickness through design choice. Applicant has not disclosed that the recited thickness is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using the thickness of Kim. Regarding claim 20, Kim discloses (in at least figs. 4A-7) a color filter layer (311, 312, 313) disposed between the first base substrate (300) and the bank layer (320); but fails to disclose a low-refractive index layer disposed between the color filter layer and the bank layer. However, it is well-known in the art to form a low-refractive index layer disposed between the color filter layer and the bank layer as evident by Park et al. (US. Pub: 2020/0227485 A~ hereinafter “Park) at least fig. 3); a low-refractive index layer (PL1; [0065]) disposed between the color filter (CF1, CF2, and CF3) and the bank layer (PL2) in order to protect the color filter layer. Accordingly, it would have been layer to one of ordinary skill in the art before the effective filing date of the invention to modify the display panel of Kim with the low-refractive layer teaching of Park in order to protect the color filter layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R. Greece can be reached at 571-272-3711. 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ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875 Application/Control Number: 18/526,913 Page 2 Art Unit: 2875 Application/Control Number: 18/526,913 Page 3 Art Unit: 2875 Application/Control Number: 18/526,913 Page 4 Art Unit: 2875 Application/Control Number: 18/526,913 Page 5 Art Unit: 2875 Application/Control Number: 18/526,913 Page 6 Art Unit: 2875 Application/Control Number: 18/526,913 Page 7 Art Unit: 2875