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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-16 and Species A, 2, a & ii in the reply filed on May 11, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant has indicated that claims 1-16 are all generic to, or directed to the elected species. However, upon review the examiner has identified claim 5 with “a thickness of the black matrix is the same as a thickness of each of the plurality of optical lenses” falls into withdrawn Species B, drawn to a display with a thickness of the black matrix is the same as a thickness of each of the plurality of optical lenses. Thus, claim 5 is also considered withdrawn. For clarity, claims 1-4 and 6-16 are examined below and claims 5 and 17-20 are considered withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 5, 2023 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 10-12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiyama US Patent 5,754,344 in view of Niioka et al. US Patent Application Publication 2009/0167846 and in further view of Choi et al. US Patent Application Publication 2020/0135823; with evidence of certain facts provided by Sakamoto et al. US Patent 6,183,917.
Regarding claim 1 Fujiyama discloses a display apparatus (title e.g. figure 1A), comprising: a right-eye lens (e.g. lens 12R); a left-eye lens (e.g. lens 12L) disposed side-by-side with the right-eye lens (e.g. see figure 1A); and a display panel (e.g. display element 1) that is operable to provide a right-eye image (e.g. virtual image 11R’) through the right-eye lens (e.g. 12R) and a left-eye image (e.g. virtual image 11L’) through the left-eye lens (e.g. 12L), the display panel including: a plurality of display pixels (e.g. figure 5 pixels Ri and Li) that are light-emitting devices (e.g. column 9 lines 58-60 “an electroluminescence (EL) panel, an LED panel, or the like may be used as the display”); and a plurality of optical lenses (e.g. lenticular lens 3) on the display panel (e.g. see figure 1A), wherein each of the plurality of optical lenses extended in the second direction (e.g. see figure 3 y direction) overlaps at least two of the plurality of display pixels that are adjacent to each other in the first direction (e.g. figure 5 shows right and left pixels Ri and Li pairs in the x direction each pair associated with a lenticule).
Fujiyama is silent on the display panel’s structure. Specifically, Fujiyama does not disclose the light emitting devices are on a device substrate; an encapsulation structure on the plurality of light-emitting devices; a black matrix on the encapsulation structure; or the plurality of optical lenses are on the black matrix, wherein the black matrix extends between the plurality of light-emitting devices in a first direction and a second direction perpendicular to the first direction, on a plane, and a first region of the black matrix disposed between the at least two of the display pixels.
Niioka teaches a similar display apparatus (title, e.g. figures 1-4 image display device 1) including a display panel (e.g. display panel 200) with a plurality of display pixels (e.g. pixels 51 & 52) that is operable to provide a right-eye image and a left-eye image (inter alia paragraph [0118] “light from the left-eye pixel 51 or the right-eye pixel 52 of the display element 13 is refracted by the lenticular lens 3 and emitted to each area EL or ER” e.g. see figure 3), and a plurality of optical lenses (e.g. lenticular lens 3) on the display panel (e.g. see figures 1-4), wherein each of the plurality of optical lenses extended in the second direction (e.g. see figures 1-4 y direction) overlaps at least two of the plurality of display pixels (e.g. 51 & 52) that are adjacent to each other in the first direction (e.g. see figures 1-4 x direction); and further teaches a black matrix on the display panel (e.g. non-reflective display area 70); the plurality of optical lenses are on the black matrix (e.g. see figures 1 & 34), wherein the black matrix (e.g. 70) extends between the plurality of display pixels (e.g. 51 & 52) in a first direction (e.g. x direction) and a second direction (e.g. y direction) perpendicular to the first direction, on a plane (e.g. see figures 1 & 34), and a first region of the black matrix disposed between the at least two of the display pixels (e.g. region of 70 between 51 & 52) for the purpose of expanding the viewing area and improving the display quality of the images at the same time (paragraph [0079]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by Fujiyama to have an encapsulation structure on the plurality of light-emitting devices; and the plurality of optical lenses are on the black matrix, wherein the black matrix extends between the plurality of light-emitting devices in a first direction and a second direction perpendicular to the first direction, on a plane, and a first region of the black matrix disposed between the at least two of the display pixels as taught by Niioka for the purpose of expanding the viewing area and improving the display quality of the images at the same time.
Niioka does not teach light emitting devices are on a device substrate; an encapsulation structure between the plurality of light-emitting devices and the black matrix.
Choi teaches a similar display apparatus (title e.g. figures 11A-11C head mounted display/HIVID apparatus HMD) including a right-eye lens (e.g. right-eye eyepiece lens 20b); a left-eye lens (e.g. left-eye eyepiece lens 20a) disposed side-by-side with the right-eye lens (e.g. see figure 11B); and a display panel (e.g. display apparatus 11 & 12) that is operable to provide a right-eye image (e.g. from 11) through the right-eye lens (e.g. 20b) and a left-eye image (e.g. from 12) through the left-eye lens (e.g. 20a), the display panel including: a plurality of light-emitting devices (e.g. figure 4 light emitting layer 500 is divided into subpixels P1 & P2 including patterned electrodes 310 & 320); a black matrix (inter alia paragraph [0073] “a black matrix may be additionally provided between the color filter layers 810 and 820”) and a plurality of optical lenses (e.g. lens array 13); and further teaches the light-emitting devices (e.g. P1 & P2 of 500) are on a device substrate (inter alia paragraph [0009] “a plurality of subpixels on the substrate,” e.g. substrate 100); an encapsulation structure (e.g. encapsulation layer 700) between the plurality of light-emitting devices (e.g. P1 & P2 of 500) and the black matrix (e.g. between 810 & 820) for the purpose of using a structure with closer subpixels thereby enhancing the aperture ratio (paragraph [0007]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka to have light emitting devices are on a device substrate; an encapsulation structure between the plurality of light-emitting devices and the black matrix using a structure with closer subpixels thereby enhancing the aperture ratio.
Regarding claims 2-3 the combination of Fujiyama as modified by Niioka and Choi discloses the display apparatus including the light-emitting devices being display pixels according to claim 1, as set forth above. Fujiyama further discloses wherein an edge of each of the plurality of optical lenses is disposed between two of the display pixels that are adjacent each other in the first direction (e.g. see figure 5), at least one of which is different from the at least two of the plurality of light-emitting devices overlapping with the corresponding optical lens of the plurality of optical lenses (e.g. see figure 4 showing image order of L1 R2 L3 R4 …), as further required by claim 2.
Fujiyama does not disclose wherein the black matrix includes a second region overlapping with the edge of each optical lens of the plurality of optical lenses, as required by claim 2; or wherein the first region of the black matrix has a thickness smaller than that of each of the plurality of optical lenses, as required by claim 3.
Niioka further teaches the black matrix (e.g. 70) includes a second region overlapping with the edge of each optical lens of the plurality of optical lenses (e.g. see figures 1 & 34) and the first region of the black matrix (e.g. portion of 70 between 51 & 52) has a thickness smaller than that of each of the plurality of optical lenses (e.g. see figure 1) for the purpose of expanding the viewing area and improving the display quality of the images at the same time (paragraph [0079]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have the black matrix includes a second region overlapping with the edge of each optical lens of the plurality of optical lenses, and wherein the first region of the black matrix has a thickness smaller than that of each of the plurality of optical lenses as further taught by Niioka for the purpose of expanding the viewing area and improving the display quality of the images at the same time.
Regarding claim 4 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 3, as set forth above. Fujiyama, Niioka and Choi do not disclose or teach wherein the first region of the black matrix has a side surface of a concave shape. The examiner takes Official Notice that concave sides are a result of conventional manufacturing methods (as evidenced by Sakamoto figures 4-5 and column 3 lines 36-43 noting concave sides of black resist are a result of “conventional production process of a black matrix”). One would be motivated to use conventional means for the purpose of saving money. Further, applicant has not disclosed that concave side shape solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with a flat surface. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have the black matrix has a side surface of a concave shape since this is a result of conventional manufacturing methods as evidenced by Sakamoto and one would be motivated to use conventional means for the purpose of saving money.
Regarding claim 10 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 1, as set forth above. Fujiyama further discloses it is further comprising a device body coupled with the right-eye lens and the left-eye lens (e.g. column 5 lines 52-57 “the stereoscopic image display apparatus of this embodiment is mounted on the head portion 6 of the observer via a mounting means (not shown) to constitute an HMD”), the display panel being accommodated in the device body, wherein the display panel (e.g. 1) is disposed between the right-eye lens (e.g. 12R) and the left-eye lens (e.g. 12L).
Regarding claim 11 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 10, as set forth above. Fujiyama further discloses it is further comprising a mounting element extending in a direction from an edge of the device body (implicit that the mounting elements of an HMD would include an element from an edge in order to mount to the user’s head).
Regarding claim 12 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 10, as set forth above. Fujiyama further discloses it is further comprising: a right-eye mirror (e.g. 9R of mirror 8) reflecting a first light emitted from the display panel (e.g. 1) toward the right-eye lens (e.g. 4R) to realize the right-eye image (axiomatic); and a left-eye mirror (e.g. 9L of mirror 8) reflecting a second light emitted from the display panel (e.g. 1) toward the left-eye lens (e.g. 4L) to realize the left-eye image (axiomatic), wherein the right-eye mirror and the left-eye mirror are disposed within the device body (e.g. 9R & 9L are on the inside of 8).
Regarding claim 14 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 12, as set forth above. Fujiyama further discloses the right-eye lens (e.g. 12R), the left-eye lens (e.g. 12L) and the display (e.g. 1) are disposed on a first side (e.g. side near the head portion of the observer 6) of the device (e.g. see figure 1A), and wherein the right-eye mirror (e.g. 9R) and the left-eye mirror (e.g. 9L) disposed closer to the second side (e.g. side furthest from 6) of the device (e.g. see figure 1A). Fujiyama is silent on the device structure that the elements would inherently present, since elements in an HMD device do not float. Specifically, Fujiyama does not disclose a first sidewall in which the right-eye lens and the left-eye lens are coupled, and a second sidewall opposite to the first sidewall.
Choi further teaches (e.g. see figures 11A-11B) a device structure (e.g. case 10 of HMD) including lenses (e.g. 20a & 20b) near the eye (e.g. right eye RE & left eye LE); and further teaches the right-eye lens and the left-eye lens being coupled to a first sidewall (e.g. see figure 11B sidewall closest to user) and a second sidewall opposite to the first sidewall (e.g. see figure 11B sidewall furthest from user) for the purpose of holding the elements in operable position while used. Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have a first sidewall in which the right-eye lens and the left-eye lens are coupled, and a second sidewall opposite to the first sidewall as further taught by Choi for the purpose of holding the elements in operable position while used.
Regarding claim 15 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 12, as set forth above. Fujiyama further discloses wherein a distance between the right-eye mirror (e.g. 9R) and the display panel (e.g. 1) is larger than a distance between the right-eye lens (e.g. 12R) and the display panel (see figure 1A).
Regarding claim 16 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 12, as set forth above. Fujiyama further discloses wherein a distance between the left-eye mirror (e.g. 9L) and the display panel (e.g. 1) is larger than a distance between the left-eye lens (e.g. 12L) and the display panel (see figure 1A).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiyama US Patent 5,754,344 in view of Niioka et al. US Patent Application Publication 2009/0167846 and Choi et al. US Patent Application Publication 2020/0135823 and in further view of Huo et al. US Patent Application Publication 2022/0262865.
Regarding claims 6-8 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus including the light-emitting devices being display pixels according to claim 1, as set forth above. Fujiyama, Niioka and Choi do not disclose or teach wherein the display panel further includes a plurality of color filters disposed between the display pixels and the plurality of optical lenses, and wherein the plurality of color filters is disposed on a layer different from the black matrix, as required by claim 6; or wherein each of the plurality of color filters includes a region overlapping with the first region of the black matrix, as required by claim 7; or wherein the display panel further includes a color planarization layer covering the plurality of color filters, wherein the black matrix is disposed on the color planarization layer, and wherein an upper surface of the color planarization layer is parallel to an upper surface of the encapsulation structure, as required by claim 8.
Huo teaches a similar display apparatus (title e.g. see figures 2 & 15) including a plurality of light emitting devices (e.g. light-emitting elements 330) on a substrate (e.g. substrate 310) and a black matrix (e.g. black matrix 113); and further teaches a plurality of color filters (e.g. filter blocks 220R, 220G & 220B) disposed between the display pixels (e.g.330) and the upper surface, and wherein the plurality of color filters () is disposed on a layer (e.g. 220R, 220G & 220B are in layer 200) different from the black matrix (e.g. 113 are in layer 100); wherein each of the plurality of color filters includes a region overlapping with the first region of the black matrix (e.g. see figures 2 & 15); and wherein the display panel further includes a color planarization layer (e.g. planarization layer P) covering the plurality of color filters (e.g. see figure 15), wherein the black matrix (.e.g. 113) is disposed on the color planarization layer (e.g. see figure 15), and wherein an upper surface of the color planarization layer (e.g. P) is parallel to an upper surface of the display (e.g. see figures 2 & 15) for the purpose of achieving larger light output and wider viewing angle (paragraph [0048]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have the display panel further includes a plurality of color filters disposed between the display pixels and the plurality of optical lenses, and wherein the plurality of color filters is disposed on a layer different from the black matrix; and wherein each of the plurality of color filters includes a region overlapping with the first region of the black matrix; and wherein the display panel further includes a color planarization layer covering the plurality of color filters, wherein the black matrix is disposed on the color planarization layer, and wherein an upper surface of the color planarization layer is parallel to an upper surface of the encapsulation structure as taught by Hou for the purpose of achieving larger light output and wider viewing angle.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiyama US Patent 5,754,344 in view of Niioka et al. US Patent Application Publication 2009/0167846 and Choi et al. US Patent Application Publication 2020/0135823 and in further view of Ha et al. US Patent Application Publication 2020/0096676.
Regarding claim 9 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 1, as set forth above. Fujiyama, Niioka and Choi do not disclose or teach wherein the display panel further includes a lens passivation layer covering the plurality of optical lenses, and wherein a refractive index of the lens passivation layer is greater than a refractive index of each optical lens of the plurality of optical lenses.
Ha teaches a similar display apparatus (title e.g. figures 1, 5, 9, 12 & 14) including a plurality of light-emitting devices (e.g. view pixels VPmn) and a plurality of optical lenses (e.g. plurality of lenses 310), wherein each of the plurality of optical lenses overlaps at least two of the plurality of light-emitting devices (e.g. see figure 5); and further teaches a lens passivation layer (e.g. lens planarization film 330) covering the plurality of optical lenses (paragraph [0127[ “lens planarization film 330 is formed on the lenses 310”) for the purpose of planarizing height differences formed between the lenses (paragraph [0127]), and wherein a refractive index of the lens passivation layer is greater than a refractive index of each optical lens of the plurality of optical lenses (paragraph [0127] “the difference between the refractive index of the lenses 310 and the refractive index of the lens planarization film 330 may be about 0.3 or greater”) for the purpose of improving the refraction effect of the lenses 310 (paragraph [0127]). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have a lens passivation layer covering the plurality of optical lenses, and wherein a refractive index of the lens passivation layer is greater than a refractive index of each optical lens of the plurality of optical lenses as taught by Ha for the purpose of planarizing height differences formed between the lenses and improving the refraction effect of the lenses.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fujiyama US Patent 5,754,344 in view of Niioka et al. US Patent Application Publication 2009/0167846 and Choi et al. US Patent Application Publication 2020/0135823 and in further view of Nagata et al. US Patent 6,795,042.
Regarding claim 13 the combination of Fujiyama as modified by Niioka and Choi disclose the display apparatus according to claim 12, as set forth above. Fujiyama, Niioka and Choi do not disclose or teach wherein the right-eye mirror and the left-eye mirror are each an aspheric mirror.
Nagata discloses a similar display apparatus (title e.g. figures 1-2, 4, 8-10 & 15) including a display panel (e.g. image display device 3) with a plurality of light-emitting devices on a device substrate (e.g. see figure 40) and a right-eye mirror (e.g. reflecting third surface 23R) and a left-eye mirror (e.g. reflecting third surface 23L); and further teaches said reflective surfaces are aspherical (column 26 lines 9-19) for the purpose of facilitating the positioning of elements and thereby improving productivity (column 26 lines 15-19). Therefore, it would be obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention for the display apparatus as disclosed by the combination of Fujiyama as modified by Niioka and Choi to have the right-eye mirror and the left-eye mirror each be aspheric as taught by Nagata for the purpose of facilitating the positioning of elements and thereby improving productivity.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. US Patent Application Publication 2022/0037624; in regards to a similar display panel, see figures 1-4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to George G King whose telephone number is (303)297-4273. The examiner can normally be reached 9-5.
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/George G. King/Primary Examiner, Art Unit 2872 May 25, 2026
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