DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the communications dated 12/23/2025.
Claims 1-33 are pending in this application.
Acknowledges
2. Receipt is acknowledged of the following items from the Applicant.
Information Disclosure Statements (IDS) filed on 12/07/2023, and 12/23/2025. The references cited on the PTOL 1449 form have been considered.
Applicant is requested to cite any relevant prior art if being aware on form PTO-1449 in accordance with the guidelines set for in M.P.E.P. 609.
Foreign Priority
3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Specification
4. The specification is objected to for the following reason:
The drawing shows Fig. 8, does not show Fig. 9, and the brief description of the drawing describes Fig. 9 and fails to describe Fig. 8.
Appropriate correction is required.
5. The specification has been checked to the extent necessary to determine the presence of possible minor errors. However, the applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112:
(b) CONCLUSION.— The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
7. Claims 5, 7-10, and 12 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
With respect to claim 5:
In claim 5, the limitation “the hole” lacks an antecedent basis and is not clearly defined, and the claim(s) do/does not distinctly point(s) out the subject matter which is claimed as the Applicant’s invention. It is not clear of how “the hole” being connected to other element(s) of the display apparatus. The claim is therefore indefinite.
With respect to claims 7-10, and 12:
In claim 5, and claim 12, the limitations “the hole” lack antecedent basis, and are therefore indefinite.
Claims 8-10 depend from claim 7, and are therefore indefinite as well.
Claim Rejections - 35 USC § 102
8. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
9. Claims 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2016/0268540)
Regarding claim 1, Kim discloses a display apparatus, comprising:
a substrate 101 including a display area DA (see figs. 1-3) and a non-display area (para. 0041);
a buffer layer 102 (para. 0042) on the substrate 101;
a thin film transistor 100a (fig. 2) and a light emitting element 100b over the buffer layer 102, the thin film transistor 100a electrically connected to the light emitting element 100b; and
an encapsulation layer 300 over the light emitting element 100b, wherein at least one layer of the buffer layer 102 and the encapsulation layer 300 include a plurality of inorganic layers 320, 340 and a plurality of organic layers 310, 330, the inorganic layer 320, 340 and the organic layer 310, 330 being alternatively deposited, and
wherein the inorganic layer 320, 340 and the organic layer 310, 330 includes a fixing member (bonding surfaces between layers) that affixes/bonds the respective layers to the substrate 101 (see fig. 2: the inorganic layer 320, 340 and the organic layer 310, 330 bond or affix to the substrate 101, forming an integrated structure).
10. Claims 13, 14, 16, 18-20, and 25-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 10,439,017)
Regarding claim 13, Kim discloses a display apparatus, comprising:
a display panel including a display area DA (fig. 2) and a non-display area (outside of display area DA; see fig. 2 and also paras. 0041-0042) adjacent to the display area DA;
a plurality of fixing units 510, 160, 110 (fixing/bonding upper portion to lower portion of the apparatus) disposed in the non-display area; and
wherein the plurality of fixing units 510, 160, 110 are disposed in at least one side of both sides in a stretching direction (bending direction, figs. 2-6, 9-10) of the display panel.
Regarding claim 14, Kim discloses the display apparatus of claim 13, wherein the display panel includes:
a substrate 100;
a plurality of thin film transistors 210 and a plurality of light emitting elements 300; and
an encapsulating layer 400, 510, 520 over the plurality of light emitting elements 300. See fig. 2.
Regarding claim 16, Kim discloses the display apparatus of claim 13, wherein the display panel includes:
a substrate 100;
a buffer layer 110 over the substrate 100; and
a plurality of thin film transistors 210 and a plurality of light emitting elements 300 over the substrate 100. See fig. 2.
Regarding claim 18, Kim discloses a display apparatus, comprising:
a substrate 100 (fig. 2) including a display area DA and a non-display area adjacent to the display area (see paras. 0041-0042), the substrate having an outermost side (the right most side/edge of the substrate 100, fig. 2) at a periphery 2A of the substrate 100;
a thin film transistor 210 (fig. 2) on the substrate;
a display element 300 on the thin film transistor, the display element 300 including a first electrode 310, a second electrode 330, and an organic layer 320 between the first and second electrodes; and
an insulation layer 130 (right portion of insulating layer 130) on the substrate 100, the (right portion of) insulation layer 130 between the display area DA and the outermost side at the periphery of the substrate; and
a plurality of holes (holes through which conductive layer 215c extends to connect to electrodes 213a, 213b, and hole in which material 160 is located, fig. 2; see also col. 5, lines 53-67) in the insulation layer 130.
Regarding claim 19, Kim discloses the display apparatus of claim 18, wherein the plurality of holes completely extends through at least one layer 130 included in the insulation layer 130. See fig. 2.
Regarding claim 20, Kim discloses the display apparatus of claim 18, wherein the insulation layer 130 is an encapsulation layer on the thin film transistor. See col. 3, lines 19-35.
Regarding claim 25, Kim discloses the display apparatus of claim 18, wherein the plurality of holes includes a first hole and a second hole in the first area, and wherein the second hole is located in a first direction with respect to the first hole. See fig. 2.
Regarding claim 26, Kim discloses the display apparatus of claim 25, wherein, when the display apparatus is stretched in the first direction (bending direction), a dimension of the second hole in the first direction continuously increases as the display apparatus is stretched. See fig. 2, figs. 9-10.
Regarding claim 27, Kim discloses the display apparatus of claim 26, wherein, when the display apparatus is stretched in the first direction, a dimension of the first hole in the first direction gradually increases as the display apparatus is stretched, wherein the dimension of the first hole is smaller than the dimension of the second hole when the display apparatus is stretched, and wherein the second hole is closer to the outermost side of the substrate than the first hole. See fig. 2, figs. 9-10.
Regarding claim 28, Kim discloses the display apparatus of claim 25, wherein, when the display apparatus is stretched in the first direction, a dimension of the first hole and a dimension of the second hole in the first direction stepwise increases as the display apparatus is stretched. See fig. 2, figs. 9-10.
Regarding claim 29, Kim discloses the display apparatus of claim 18, wherein the insulation layer 110 is a buffer layer between the thin film transistor 210 and the substrate 100. See fig. 2.
Claim Rejections - 35 U.S.C. § 103
11. 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 of this title, 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.
12. Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2016/0268540)
Regarding claims 3, and 4, Kim discloses the apparatus comprising all claimed limitations, as discussed above, except for wherein the inorganic layer has a thickness of 15-25 nm, and/or wherein the organic layer has the thickness of 5-15 nm.
However, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions/thicknesses of the claimed element, and a device having the claimed relative dimensions/thicknesses would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP §2144.04). It would have been obvious that a mere change in size/thickness of a component is generally recognized as being within the level of ordinary skill in the art.
It is to be expected that a change in size, thickness would be an unpatentable modification.
Under some circumstances, however, changes such as these may impart patentability to a process if the particular ranges claimed produce a new and unexpected result which is different in kind and not merely degree from the results of the prior art, such ranges are termed "critical ranges and the applicant has the burden of proving such criticality. See In re Aller, 220 F.2d 454, 105 USPQ 233,235 (CCPA 1955).
The instant specification contains no disclosure of either the critical nature of the claimed dimensions/thicknesses or ranges or of any unexpected results arising therefrom. Where patentability is aid to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. (.In re Woodruff, 919 F.2d 1575, 1578 (Fed. Cir. 1990).)
The claimed limitation regarding to the thicknesses of the organic and/or inorganic layer(s) not bear any critical point that would establish patentability, and is/are not sufficient to patentable distinguish over the prior art, therefore being considered as unpatentable limitation(s) because it would have involve only a mere change in size/thickness of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP §2144.04).
13. Claims 6-7, and 11-12 rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2016/0268540, hereinafter, Kim ‘5840) in view of Kim et al. (10,439/017, hereinafter, Kim ‘017)
Regarding claim 6, Kim ‘5840 discloses the display apparatus of claim 1, comprising all claimed limitations, as discussed above, except for wherein the display apparatus includes a stretchable display device.
Kim ‘017 discloses a display apparatus, shown in figs. 1-9, wherein the display apparatus includes a stretchable display device (stretching around bending/flexible area BA; see figs. 1, 3-5, 9-10).
It would have been obvious to one of ordinary skills in the art at the time the invention was made to modify the invention of Kim ‘8540 so that the display apparatus would be a stretchable display apparatus, as that taught by Kim ‘017, to reduce breakage, increase the display apparatus durability, and/or enhance portability.
Regarding claim 7, Kim ‘8540 / Kim ‘017 discloses the display apparatus of claim 6, wherein a hole (in which organic material 160 is located: fig. 2, or holes 215d: fig. 3, Kim ‘017) is/are formed in the non-display area BA, 2A.
Regarding claim 11, Kim ‘8540 / Kim ‘017 discloses the display apparatus of claim 1, wherein the display device includes a foldable display device, a bendable display device, and a flexible display device. See figs. 1-5, 9-10 of Kim ‘017.
Regarding claim 12, Kim ‘8540 / Kim ‘017 discloses the display apparatus of claim 11, wherein a hole 215d is formed in one of a folding area, a bending area, and a flexing area MPP/BA. See figs. 1-5, 9-10 of Kim ‘017.
Allowable Subject Matter
14. Claims 2, 8-10, 15, 17, 21-24, and 30-33 are allowable.
Claims 2, 8-10, 15, 17, 21-24, and 30-33 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, or if rewritten to correct all antecedent basis issues stated above, since the prior art of record and considered pertinent to the applicant’s disclosure does not teach or suggest the claimed display apparatus (in addition to the other limitations in the claim) comprising:
Claim 2:
The display apparatus wherein the fixing member includes:
at least one hole formed in each of the plurality of inorganic layer; and
an organic material formed inside of the hole to connect the organic layers.
Claims 8-10:
The display apparatus wherein an area of the hole increases from the display area to the non-display area.
Claim 15:
The display apparatus wherein the fixing unit includes the plurality of first encapsulation layers, the plurality of second encapsulation layers, and at least one hole formed in each of the plurality of first encapsulation layers to connect the plurality of second encapsulation layers.
Claim 17:
The display apparatus wherein the fixing unit includes the plurality of first buffer layers, the plurality of second buffer layers, and at least one hole formed in each of the plurality of first buffer layers to connect the plurality of second buffer layers.
Claims 21-24:
The display apparatus wherein the encapsulation layer includes a plurality of first encapsulation layers and a plurality of second encapsulation layers, wherein at least one layer of the plurality of first encapsulation layers includes a hole among the plurality of holes at a first area in the non-display area.
Claims 30-33:
The display apparatus wherein the buffer layer includes a plurality of first buffer layers and a plurality of second buffer layers,
wherein at least one layer of the plurality of first buffer layers includes a hole among the plurality of holes at a first area in the non-display area.
Conclusion
15. A shortened statutory period for response to this action is set to expire 3 (three) months and 0 (zero) day from the day of this letter. Failure to respond within the period for response will cause the application to become abandoned (see M.P.E.P 710.02(b)).
A shortened time for reply may be extended up to the maximum six-month period (35 U.S.C. 133). An extension of time fee is normally required to be paid if the reply period is extended. The amount of the fee is dependent upon the length of the extension. Extensions of time are generally not available after an application has been allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dao H. Nguyen whose telephone number is (571)272-1791. The examiner can normally be reached on Monday-Friday, 9:00 AM – 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Loke, can be reached on (571)272-1657. The fax numbers for all communication(s) is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571)272-1633.
/DAO H NGUYEN/Primary Examiner, Art Unit 2818 April 4, 2026
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