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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 5, 7-8, 16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/01/2026. Claims 1-4, 6, 9-15, 17, and 19-20 are still pending.
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
Claims 9 and 19 is/are objected to because of the following informalities:
Claim 9 recites “and having high light transmittance” in Line L2 but should read – and having a high light transmittance --.
Claim 19 recites “and having high light transmittance” in Line L2 but should read – and having a high light transmittance --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites “about”. The term "about" is a relative term which renders the claim indefinite; it is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. “About” is defined as " reasonably close to”” (see Merriam-webster.com). This language is indefinite as the specification does not describe what about means in regard of being the thickness being about 10nm to about 10000 nm. Would this mean that the thickness can be 1nm or 9.7 or exactly 10 nm? Thus, it is unclear because defining how the thickness can be about 10nm to about 10000 nm or not is not clearly defined. Thus, determining whether one is infringing the limitation is subjective, rather than objective, and thus the claim is unclear.
Regarding claim 11, the limitation "the scattering particles" in Line L1, renders the claim indefinite because the antecedent basis is unclear as to whether “the scattering particles” (Line L1) refers to new scattering particles or the “plurality of scattering particles” previously cited in Claim 1 Lines L10-11. In the purpose of compact prosecution, “the scattering particles” has been interpretated as the plurality of scattering particles.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-4, 6, 11-15, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US20210305225A1-Kim25).
Regarding claim 1, Kim25 discloses a display device (Title) comprising:
a pixel electrode layer disposed on a substrate (Pixel electrode layer ELT1/ELT2 disposed on substrate SUB-Examiner's annotated Kim25 Fig 17D);
a light emitting layer disposed on the pixel electrode layer (Light-emitting layer LD1/LD2/LD3 disposed on Pixel electrode layer ELT1/ELT2-Examiner's annotated Kim25 Fig 17D);
a bank layer disposed on the light emitting layer (Bank Layer RPW disposed on Light-emitting layer LD1/LD2/LD3-Examiner's annotated Kim25 Fig 17D) and
defining first, second, and third openings (Bank Layer RPW disposed on Light-emitting layer LD1/LD2/LD3, defining first/Left, second/Middle, and third/Right openings-Examiner's annotated Kim25 Fig 17D);
a first color conversion layer disposed in the first opening (First color conversion layer CCL1 disposed on the first/Left opening-Examiner's annotated Kim25 Fig 17D) and
including first quantum dots (First color conversion layer CCL1 disposed on the first/Left opening, including first quantum dots QDr -Examiner's annotated Kim25 Fig 17D); and
a scattering layer disposed in a layer between the pixel electrode layer and the bank layer (Scattering layer LSL disposed on a layer between the pixel electrode layer ELT1/ELT2 and Bank Layer RPW, as shown with the arrow-Examiner's annotated Kim25 Fig 17D)
such that the scattering layer and at least a part of the first color conversion layer cover mutually exclusive parts of the substrate (Scattering layer LSL and First color conversion layer CCL1 covering mutually exclusive part of substrate SUB-Examiner's annotated Kim25 Fig 17D),
the scattering layer including
a base resin (Scattering layer LSL disposed on a layer between the pixel electrode layer ELT1/ELT2 and Bank Layer RPW, as shown with the arrow, having base resin and scattering particles SCT-[0203] L10-16 ) and
a plurality of scattering particles dispersed in the base resin (Scattering layer LSL disposed on a layer between the pixel electrode layer ELT1/ELT2 and Bank Layer RPW, as shown with the arrow, having base resin and scattering particles SCT-[0203] L10-16, Examiner's annotated Kim25 Fig 17D).
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Regarding claim 2, Kim25 discloses all the elements of claim 1, as noted above.
Kim25 further discloses a display device
wherein the scattering layer forms a base of the third opening (Scattering layer LSL forming a base to third/ Right opening-Examiner's annotated Kim25 Fig 17D).
Regarding claim 3, Kim25 discloses all the elements of claim 2, as noted above.
Kim25 further discloses a display device
a second color conversion layer disposed in the second opening and including quantum dots (Second color conversion layer CCL2 disposed on the second/Middle opening, including quantum dots QDg-Examiner's annotated Kim25 Fig 17D),
wherein the scattering layer and at least a part of the second color conversion layer cover mutually exclusive parts of the substrate (Scattering layer LSL and Second color conversion layer CCL2 covering mutually exclusive part of substrate SUB-Examiner's annotated Kim25 Fig 17D).
Regarding claim 4, Kim25 discloses all the elements of claim 2, as noted above.
Kim25 further discloses a display device
wherein the scattering layer further overlaps the bank layer (Scattering layer LSL overlapping Bank Layer RPW-Examiner's annotated Kim25 Fig 17D).
Regarding claim 6, Kim25 discloses all the elements of claim 1, as noted above.
Kim25 further discloses a display device
an encapsulation layer disposed on the light emitting layer (Encapsulation layer INS5 disposed on Light-emitting layer LD1/LD2/LD3 with Scattering layer LSL disposed between Encapsulation layer INS5 and Bank Layer RPW-Examiner's annotated Kim25 Fig 17D)
wherein the scattering layer is disposed in a layer between the encapsulation layer and the bank layer (Encapsulation layer INS5 disposed on Light-emitting layer LD1/LD2/LD3 with Scattering layer LSL disposed between Encapsulation layer INS5 and Bank Layer RPW-Examiner's annotated Kim25 Fig 17D).
Regarding claim 11, Kim25 discloses all the elements of claim 1, as noted above.
Kim25 further discloses a display device
wherein each of the scattering particles includes at least one of TiO2, Sb2O3, Cao, and In2O3 (TiO2-[0203] L10-16).
Regarding claim 12, Kim25 discloses a display device (Title) comprising:
a substrate (Substrate SUB-Examiner's annotated Kim25 Fig 13) including
first, second, and third emitting areas that emit light of different colors (Substrate SUB including first emitting area SPX1 emitting red, second emitting area SPX2 emitting green, and third emitting area SPX3 emitting blue-[0210], Examiner's annotated Kim25 Fig 13) and
a light blocking area between the first, second, and third emitting areas (Blocking Area BM between first emitting area SPX1 emitting red, second emitting area SPX2 emitting green, and third emitting area SPX3 emitting blue-[0209], Examiner's annotated Kim25 Fig 13);
a pixel electrode layer disposed on the substrate (Pixel electrode layer ELT1/ELT2 disposed on substrate SUB-Examiner's annotated Kim25 Fig 13);
first, second, and third light emitting layers disposed on the pixel electrode layer in the first, second, and third emitting areas, respectively (Light-emitting layer LD1/LD2/LD3 disposed on Pixel electrode layer ELT1/ELT2 in first emitting area SPX1, second emitting area SPX2, and third emitting area SPX3-Examiner's annotated Kim25 Fig 13);
a bank layer disposed on the first, second, and third light emitting layers (Bank Layer RPW disposed on Light-emitting layer LD1/LD2/LD3, defining first/Left, second/Middle, and third/Right openings-Examiner's annotated Kim25 Fig 13) and
defining first, second, and third openings above the first, second, and third emitting areas, respectively (Bank Layer RPW disposed on Light-emitting layer LD1/LD2/LD3, defining first/Left, second/Middle, and third/Right openings-Examiner's annotated Kim25 Fig 13);
a first color conversion layer disposed in the first opening and including first quantum dots (First color conversion layer CCL1 disposed on the first/Left opening, including first quantum dots QDr -Examiner's annotated Kim25 Fig 13); and
a scattering layer disposed in a layer between the pixel electrode layer and the bank layer (Scattering layer LSL disposed on a layer between the pixel electrode layer ELT1/ELT2 and Bank Layer RPW, as shown with the arrow-Examiner's annotated Kim25 Fig 13)
such that the scattering layer and at least a part of the first color conversion layer cover mutually exclusive parts of the substrate (Scattering layer LSL and First color conversion layer CCL1 covering mutually exclusive part of substrate SUB-Examiner's annotated Kim25 Fig 13) , and
the scattering layer including a base resin and a plurality of scattering particles dispersed in the base resin (Scattering layer LSL having base resin and scattering particles SCT-[0203] L10-16,Examiner's annotated Kim25 Fig 13) .
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Regarding claim 13, Kim25 discloses all the elements of claim 12, as noted above.
Kim25 further discloses a display device
wherein the scattering layer overlaps the third light emitting area (Scattering layer LSL overlapping third/Right emitting area SPX3-Examiner's annotated Kim25 Fig 13).
Regarding claim 14, Kim25 discloses all the elements of claim 12, as noted above.
Kim25 further discloses a display device
a second color conversion layer disposed in the second opening and including quantum dots (Second color conversion layer CCL2 disposed on the second/Middle opening, including quantum dots QDg-Examiner's annotated Kim25 Fig 13).
Regarding claim 15, Kim25 discloses all the elements of claim 12, as noted above.
Kim25 further discloses a display device
wherein the scattering layer further overlaps the bank layer (Scattering layer LSL overlapping Bank Layer RPW-Examiner's annotated Kim25 Fig 13).
Regarding claim 17, Kim25 discloses all the elements of claim 12, as noted above.
Kim25 further discloses a display device
an encapsulation layer disposed on the light emitting layer (Encapsulation layer INS5 disposed on Light-emitting layer LD1/LD2/LD3 with Scattering layer LSL disposed between Encapsulation layer INS5 and Bank Layer RPW-Examiner's annotated Kim25 Fig 13)
wherein the scattering layer is disposed in a layer between the encapsulation layer and the bank layer (Encapsulation layer INS5 disposed on Light-emitting layer LD1/LD2/LD3 with Scattering layer LSL disposed between Encapsulation layer INS5 and Bank Layer RPW-Examiner's annotated Kim25 Fig 13).
Regarding claim 20, Kim25 discloses all the elements of claim 12, as noted above.
Kim25 further discloses a display device
wherein the first light emitting area emits red light,
the second light emitting area emits green light, and
the third light emitting area emits blue light (first emitting area SPX1 emitting red, second emitting area SPX2 emitting green, and third emitting area SPX3 emitting blue-[0210]).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US20210305225A1-Kim25) in view of Lee et al. (US 20220310976 A1-Lee76).
Regarding claim 10, Kim25 discloses all the elements of claim 1, as noted above.
Kim25 does not disclose a display device
wherein the scattering layer has a thickness of about 10 nm to about 10000 nm.
Lee76 teaches a display device
wherein the scattering layer has a thickness of about 10 nm to about 10000 nm (Thickness of 0.5μm to 5 μm so of about 10 nm to about 10000 nm-[0214]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the display device of Kim25 as taught by Lee76 for the purpose of improving the luminance uniformity of light incident on the wavelength control layer (Lee76: [0006]).
Allowable Subject Matter
Claims 9 and 19 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 9, the prior art of record does not teach or suggest a display device namely “a resin in the third opening, the resin being homogeneous and having high light transmittance”.
References such as Kim et al. (US20210305225A1-Kim25) and Lee et al. (US 20220310976 A1-Lee76) combination, teaches a display device, but does not teach or suggest a display device, namely “a resin in the third opening, the resin being homogeneous and having high light transmittance”, in combination with other claimed elements.
Regarding claim 19, the prior art of record does not teach or suggest a display device namely “a resin in the third opening, the resin being homogeneous and having high light transmittance”.
References such as Kim et al. (US20210305225A1-Kim25) and Lee et al. (US 20220310976 A1-Lee76) combination, teaches a display device, but does not teach or suggest a display device, namely “a resin in the third opening, the resin being homogeneous and having high light transmittance”, in combination with other claimed elements.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHALIE R FAYETTE whose telephone number is (571)272-1220. The examiner can normally be reached Monday-Friday 8:30 am-6pm ET.
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, Christine Kim can be reached at (571) 272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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NATHALIE R. FAYETTE
Examiner
Art Unit 2812
/NATHALIE R FAYETTE/Examiner, Art Unit 2812 07/02/2026
/CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
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