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 .
Status of the Application
Claims 1-14 are pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/8/2023 is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
Claim 10 is objected to because of the following informalities:
Page 2 line 13 states, “…sub-pixels include the first sub-sub-pixel, a second sub-pixel, a third sub-pixel…” Appropriate correction is required.
For compact prosecution, the Examiner interprets it to read, “…sub-pixels include the first sub-pixel, a second sub-pixel, a third sub-pixel…”
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.
Claims 1-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (US 20200185655) A1 in view of Cui et al. (CN 112992978 A).
Re Claim 1 Jo teaches an organic [0062] light-emitting diode display device (FIG. 3 and 4A), comprising:
a substrate (100) [0065] including a plurality of sub-pixels (12a and 12b) [0046], each sub-pixel having an emission area (OP) [0068] and a non-emission area (CP);
a circuit portion (PC) [0057] disposed in the non-emission area (CP) of each sub-pixel (12a and 12b), and including a thin film transistor (DT) [0057] in each sub-pixel (12a and 12b);
an overcoat layer (130) [0065] disposed over the thin film transistors (DT), and including a plurality of micro lenses (140, [0089] “Therefore, the light emission pattern 140 may be expressed as a micro lens…”) in the emission area of each sub-pixel (OP); and
a light-emitting diode (EDL) [0091] disposed in the emission area (OP) of each sub-pixel (12a and 12b) over the overcoat layer (130), and connected (electrically by CH [0098]) to the corresponding thin film transistor (DT, FIG. 3 and 4A).
Jo does not teach for a first sub-pixel among the plurality of sub-pixels, the overcoat layer has at least one lens pattern disposed in the non-emission area.
Cui teaches for a first sub-pixel (12a, page 7 par 7) among the plurality of sub-pixels (12a and 12b), the overcoat layer (140, page 14 last par) has at least one lens pattern (153o, page 18 par 3 and page 25 par 1) disposed in the non-emission area (NEP, page 25 par 2, FIG. 3 and 5).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cui into the structure of Jo since Cui teaches an organic light emitting device.
The ordinary artisan would have been motivated to modify Cui in combination with Jo in the above manner for the motivation of optimally integrating the lens structures to build an OLED device with improved characteristics. Page 2 par 1 states, “In addition, the light emitting display device has good power consumption characteristics due to low voltage driving, and has good color implementation, response speed, view angle and contrast characteristic, so as the next generation display device is concerned.”
Re Claim 2 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, wherein the at least one lens pattern (Cui, 153o) has a same size and shape as the micro lenses (153, 153o and 153 have same shape and size, FIG. 5).
Re Claim 3 Jo in view of Cui teaches the organic light-emitting diode display device of claim 2, wherein the micro lenses have a hexagonal shape (Cui, 153, FIG. 4), and a distance between the at least one lens pattern and the micro lens adjacent to each other is equal to or greater than a pitch of the micro lens (FIG. 5, the distance between bottom of 153o and nearest 153 is about the same as the distance between 2 bottom portions of 2 of 153 right next to one another).
Re Claim 4 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, further comprising a color filter (Cui, CFr, page 23 par 2) disposed between the substrate (100, page 14 last par) and the light-emitting diode (SED, page 19 par 5) for the first sub-pixel(12a),
wherein the at least one lens pattern (153o) overlaps the color filter (CFr, FIG. 5).
Re Claim 5 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, wherein, for the first sub-pixel (Cui, FIG. 5, 12a), a first electrode (AE1, page 20 par 4) is placed over the overcoat layer (140, page 20 par 2) in the emission area (EPr, page 20 par 4) and the at least one lens pattern (153o) overlaps the first electrode (AE1, FIG. 5).
Re Claim 6 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, wherein, for the first sub-pixel (Cui, 12a), the at least one lens pattern (153o) is spaced apart from the circuit portion (PC, page 12 par 8, page 15 par 1 states, “The outer coating 140 may be disposed on the entire display area of the substrate 100 to cover (or cover) the pixel circuit PC.” Therefore 153o is apart from PC since 153o is on top surface of 140, FIG. 5).
Re Claim 7 Jo teaches the organic light-emitting diode display device of claim 1, further comprising a bank (150) [0106] having an opening corresponding to the emission area (OP) of the first sub-pixel (12a, FIG. 4A).
Jo does not teach wherein the bank overlaps the at least one lens pattern.
Cui teaches the at least one lens pattern is in the non-emission area (NEP). Integrating Cui into Jo (Jo teaches the bank layer 150 extends over entire non-emission area CP) teaches the bank layer (Jo, 150) overlaps the at least one lens pattern (Cui, 153o).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cui into the structure of Jo since Cui teaches an organic light emitting device.
The ordinary artisan would have been motivated to modify Cui in combination with Jo in the above manner for the motivation of optimally integrating the at least one lens pattern and the bank layer. Page 2 par 1 states, “In addition, the light emitting display device has good power consumption characteristics due to low voltage driving, and has good color implementation, response speed, view angle and contrast characteristic, so as the next generation display device is concerned.”
Re Claim 8 Jo in view of Cui teaches the organic light-emitting diode display device of claim 7, wherein, for the first sub-pixel (Jo, 12a), the emission area (OP) has two flat portions (edges of OP that meets 150 in FIG. 4A), and the two flat portions are disposed at both sides of the emission area (OP) facing each other and are on a same straight line (FIG. 4A).
Re Claim 9 Jo in view of Cui teaches the organic light-emitting diode display device of claim 8, wherein two side surfaces of the bank (Jo, 150) with the opening interposed (150 directly under CP/OP border, FIG. 4A) therebetween and facing each other are disposed over the two flat portions (150 is directly over outer portion of each flat portion, FIG. 4A), respectively.
Re Claim 14 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, wherein the plurality of micro lenses (Jo, 140) constitute a micro lens array (at least 3 shown in FIG. 4A), and each of the plurality of micro lenses (140) has a depressed portion (143, [0092], FIG. 4A).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (US 20200185655) A1 in view of Cui et al. (CN 112992978 A) as applied to claim 1 above, and further in view of Cho (US 20210143200 A1).
Re Claim 10 Jo in view of Cui teaches the organic light-emitting diode display device of claim 1, wherein the plurality of sub-pixels (Cui, FIG. 3) include the first sub-sub-pixel (SPA1, page 10 last par), a second sub-pixel (SPA2), a third sub-pixel (SPA3), and a fourth sub-pixel (SPA4), which are provided over the substrate (100) along a first direction (X-axis)
Jo in view of Cui does not teach the micro lenses in at least one of the first, second, third, and fourth sub-pixels are rotated at a rotation angle, so that a line connecting centers of the micro lenses adjacent to each other has a specific angle with respect to the first direction.
Cho teaches the micro lenses (ML1) in the first sub-pixels are rotated at a rotation angle (Θ), so that a line connecting centers of the micro lenses (ML1) adjacent to each other has a specific angle (Θ, [0085] states, “As illustrated in FIG. 5, the first microlens array (ML1) may be sequentially rotated by a rotation angle ranging from 0° to 90°…”) with respect to the first direction (X-axis, FIG. 5).
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cho into the structure of Jo in view of Cui since Cho teaches a light emitting device.
The ordinary artisan would have been motivated to modify Cho in combination with Jo in view of Cui in the above manner for the motivation of optimally integrating micro lenses to achieve peak performance in light emitting devices. [0003] states, “The development of various industries and sectors, including automotive, medical, computer, and communication industries generates various demands and growth for high-quality and high-performance image sensors in various devices and systems such as smartphones, digital cameras, game consoles, Internet of Things (IoT), robots, surveillance cameras, medical micro-cameras, etc.”
Re Claim 11 Jo in view of Cui and Cho teaches the organic light-emitting diode display device of claim 10, wherein the micro lenses (Cho, ML1) in the first sub-pixel are rotated at the rotation angle (Θ, FIG. 5), and
wherein the at least one lens pattern is rotated at a same angle as the rotation angle (all the lens patterns are rotated at the same angle in FIG. 5).
Re Claim 12 Jo in view of Cui and Cho teaches the organic light-emitting diode display device of claim 10, but does not explicitly teach the rotation angle of the micro lenses is greater than 0 degree and is equal to or less than 60 degrees.
Cho teaches [0085] “As illustrated in FIG. 5, the first microlens array (ML1) may be sequentially rotated by a rotation angle ranging from 0° to 90°…”
It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cho into the structure of Jo in view of Cui and Cho.
The ordinary artisan would have been motivated to modify Cho in combination with Jo in view of Cui in the above manner for the motivation of findingthe ideal rotation angle for the micro lenses. Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. In the instant case, process optimization will allow one of ordinary skill in the art to reach ideal micro lens angles.
Re Claim 13 Jo in view of Cui and Cho teaches the organic light-emitting diode display device of claim 10, wherein the plurality of sub-pixels include the first sub-sub-pixel (Cui, SPA1), a second sub-pixel (SPA2), a third sub-pixel (SPA3), and a fourth sub-pixel (SPA4), which are provided over the substrate (100) along a first direction (X-axis, FIG. 3), and
where the overcoat layer (Cui, 140, FIG. 3 and 5) has at least one first, second, third, and fourth lens patterns (153o in FIG. 5) in the non-emission areas (NEP) of the first, second, third, and fourth sub-pixels, respectively (see modified FIG. 3 below).
Cui modified FIG. 3 is shown below
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Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-10, and 12-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7-11 of co-pending Application No. 18/200247 in view of Cui et al. (CN 112992978 A) since Cui teaches a first sub-pixel among the plurality of sub-pixels, the overcoat layer has at least one lens pattern disposed in the non-emission area. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim and require similar limitations such as an organic light-emitting diode display device, comprising: a substrate including a plurality of sub-pixels, each sub-pixel having an emission area and a non-emission area; a circuit portion disposed in the non-emission area of each sub-pixel, and including a thin film transistor in each sub-pixel; an overcoat layer over the thin film transistors, and including a plurality of micro lenses in the emission area of each sub-pixel; and a light-emitting diode in the emission area of each sub-pixel over the overcoat layer, and connected to the corresponding thin film transistor, wherein, for a first sub-pixel among the plurality of sub-pixels, etc., and Cui et al. teaches the overcoat layer has at least one pattern disposed in and/or corresponding to the non-emission area.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Current Application 18/5335871. An organic light-emitting diode display device, comprising:a substrate including a plurality of sub-pixels, each sub-pixel having an emission area and a non-emission area;a circuit portion disposed in the non-emission area of each sub-pixel, and including a thin film transistor in each sub-pixel;an overcoat layer disposed over the thin film transistors, and including a plurality of micro lenses in the emission area of each sub-pixel; anda light-emitting diode disposed in the emission area of each sub-pixel over the overcoat layer, and connected to the corresponding thin film transistor,wherein, for a first sub-pixel among the plurality of sub-pixels, the overcoat layer has at least one lens pattern disposed in the non-emission area.
18/2002471. An organic light-emitting diode display device, comprising:a substrate including a plurality of sub-pixels associated with one pixel, each sub-pixel having an emission area and a non-emission area;a plurality of first conductive lines and a second conductive line over the substrate, wherein the second conductive line crosses over the plurality of first conductive lines to define the plurality of sub-pixels;a circuit portion in the non-emission area of each sub-pixel, and including a thin film transistor in each sub-pixel;an overcoat layer over the thin film transistors, and including a plurality of micro lenses in the emission area of each sub-pixel; anda light-emitting diode in the emission area of each sub-pixel over the overcoat layer, and connected to the corresponding thin film transistor,wherein for a first sub-pixel among the plurality of sub-pixels, the overcoat layer has a depressed pattern corresponding to the non-emission area of the first sub-pixel and overlapping one of the plurality of first conductive lines.
7. The organic light-emitting diode display device of claim 1, further comprising a bank having an opening corresponding to the emission area of the first sub-pixel,wherein the bank overlaps the at least one lens pattern.8. The organic light-emitting diode display device of claim 7, wherein, for the first sub-pixel, the emission area has two flat portions, and the two flat portions are disposed at both sides of the emission area facing each other and are on a same straight line.9. The organic light-emitting diode display device of claim 8, wherein two side surfaces of the bank with the opening interposed therebetween and facing each other are disposed over the two flat portions, respectively.
7. The organic light-emitting diode display device of claim 1, wherein for the first sub- pixel,the emission area has two flat portions where a top surface of the overcoat layer is flat, and the two flat portions are disposed at both sides of the emission area facing each other and are on a same straight line.8. The organic light-emitting diode display device of claim 7, further comprising a bank having an opening corresponding to the emission area of the first sub-pixel,wherein two side surfaces of the bank with the opening interposed therebetween and facing each other are disposed over the two flat portions, respectively.
10. The organic light-emitting diode display device of claim 1, wherein the plurality of sub-pixels include the first sub-sub-pixel, a second sub-pixel, a third sub-pixel, and a fourth sub-pixel, which are provided over the substrate along a first direction,wherein the micro lenses in at least one of the first, second, third, and fourth sub-pixels are rotated at a rotation angle, so that a line connecting centers of the micro lenses adjacent to each other has a specific angle with respect to the first direction.
9. The organic light-emitting diode display device of claim 1, wherein the plurality of sub-pixels include the first sub-sub-pixel, a second sub-pixel, a third sub-pixel and a fourth sub- pixel, which are provided over the substrate along a first direction, andwherein the micro lenses in at least one of the first, second, third, and fourth sub-pixels are rotated at a rotation angle, so that a line connecting centers of the micro lenses adjacent to each other has a specific angle with respect to the first direction.
12. The organic light-emitting diode display device of claim 10, wherein the rotation angle of the micro lenses is greater than 0 degree and is equal to or less than 60 degrees.
10. The organic light-emitting diode display device of claim 9, wherein the rotation angle of the micro lenses is greater than 0 degrees and is equal to or less than 60 degrees.
13. The organic light-emitting diode display device of claim 10, wherein the plurality of sub-pixels include the first sub-sub-pixel, a second sub-pixel, a third sub-pixel, and a fourth sub-pixel, which are provided over the substrate along a first direction, andwhere the overcoat layer has at least one first, second, third, and fourth lens patterns in the non-emission areas of the first, second, third, and fourth sub-pixels, respectively.
11. The organic light-emitting diode display device of claim 1, wherein the plurality of pixels include the first sub-pixel, a second sub-pixel, a third sub-pixel, and a fourth sub-pixel, which are sequentially provided over the substrate along a first direction,wherein the plurality of first conductive lines include four first conductive lines disposed at one sides of the first, second, third, and fourth sub-pixels, respectively, andwherein the overcoat layer has first, second, third, and fourth depressed patterns overlapping the four first conductive lines, respectively.
Conclusion
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/KENNETH MARK SIPLING/ Examiner, Art Unit 2818
/DUY T NGUYEN/ Primary Examiner, Art Unit 2818 5/4/26
Prosecution Insights