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 .
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. For example, a more descriptive title could be, “DISPLAY PANEL WITH HOLLOWED-OUT TRANSPARENT HEAT INSULATING LAYER AND METHOD OF MANUFACUTING THE SAME”.
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.
Claim(s) 1 and 12-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2020/0161579 A1; hereinafter, “Kim”).
Regarding claims 1 and 12-14:
re claim 1, Kim discloses a display panel, comprising: (NOTE: a colon is required here)
a driving substrate 110/130 (Fig. 12 and [0067];
a pixel definition layer 150 (Fig. 12 and [0067]) arranged on one side of the driving substrate, wherein the pixel definition layer comprises a plurality of first pixel partitions 150 (Fig. 12) and arranged in an array form (Fig. 28 and [0274]), and a plurality of first pixel regions LA1, LA2, LA3 (Fig. 12 and [0053]) are enclosed by adjacent first pixel partitions 150;
a plurality of light-emitting elements ED1, ED2, ED3 (Fig. 12 and [0067]) arranged in corresponding first pixel regions;
a first encapsulation layer 171 (Fig. 12 and [0094]) covering the pixel definition layer 150 and the plurality of light-emitting elements ED1/ED2/ED3;
a transparent heat insulation layer 173 (Fig. 12 and [0096], wherein layer 173 is a resin, which generally have low thermal conductivity) arranged on a side of the first encapsulation layer 171 away from the driving substrate 110/130, wherein an orthographic projection of the transparent heat insulation layer 173 onto the driving substrate 110/130 at least covers an orthographic projection of each first pixel region LA1, LA2, LA3 onto the driving substrate;
a pixel isolation structure 70b (Fig. 12 and [0061]) arranged on a side of the transparent heat insulation layer 173 away from the driving substrate 110/130, wherein the pixel isolation structure 70b comprises a plurality of second pixel partitions 70b (Fig. 12) arranged in an array form, a plurality of second pixel regions 70a (Fig. 12 and [0061]) are enclosed by adjacent second pixel partitions 70b, and the second pixel regions 70a are arranged corresponding to the first pixel regions LA1/LA2/LA3; and
a color conversion layer 341/343/345 (Fig. 12 and [0099]) comprising a plurality of color conversion parts 341, 343 [0099] arranged in corresponding second pixel regions 70a (in a plan view);
re claim 12, the display panel according to claim 1, further comprising: a second encapsulation layer PS1 (Fig. 12 and [0099]) covering the color conversion layer 341/343/345 and the pixel isolation structure 70b, a plurality of color filter parts 331, 333 (Fig. 12 and [0099]) arranged on a side of the second encapsulation layer PS1 away from the driving substrate 110/130 and corresponding to the color conversion parts 341, 343, and a second light shielding layer 320_2 (Fig. 12 and [0197]) arranged between the color filter parts 331, 333, 335;
re claim 13, A display device, comprising the display panel according to claim 1 (abstract); and
re claim 13, the display device according to claim 13, further comprising a cover plate 310 (Fig. 12 and [0099]) covering the display panel.
Therefore, Kim anticipates claims 1 and 12-14.
Regarding claims 15-19:
Initially, the current claims depend from claim 1, wherein claim 1 is directed to a product, and the current claims contain limitations directed to process steps for acquiring the product of claim 1. Accordingly, the current claims are deemed to be product-by-process limitations that are not patentable as a product. Note that a “product by process” claim is directed to the product per se, no matter how actually made. See In re Thorpe et al. 227 USPQ 964 (CFAC, 1985) and the related case law cited therein, which makes it clear that it is the final product per se which must be determined in a “product by process” claim, and not the patentability of the process, and that, as here, an old or obvious product by a new method is not patentable as a product, whether claimed in “product by process” claims or not. As stated in Thorpe, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. In re Brown, 459 F.2d 531, 535, 173 USPQ 685, 688 (CCPA 1972); In re Pilkington, 411 F.2d 1345, 1348, 162 USPQ 145, 147 (CCPA 1969); Buono v. Yankee Maid Dress Corp., 77 F.2d 274, 279, 26 USPQ 57, 61 (2d. Cir. 1935).
Therefore, the product of claims 15-19 is deemed to be anticipated by Kim, no matter how actually made.
Allowable Subject Matter
Claims 2-11 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 2-11 and 20 are allowed primarily because the prior art of record cannot anticipate or render obvious the limitations in claim 2 (when combined with claim 1), and claims 3-11 and 20 depend from claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached PTO-892 disclose display devices/panels with heat insulating layers and/or nanoparticles, wherein the display devices/panels have some similarity to the display device/panel of the current invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEX H MALSAWMA whose telephone number is (571)272-1903. The examiner can normally be reached M-F (4-12 Hours, between 5:30AM-10PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, N. Drew Richards can be reached at 571-272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEX H MALSAWMA/Primary Examiner, Art Unit 2892