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 .
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.
Claim(s) 1-15 and 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0265432 in view of Canon Inc., JP 2008-108482.
Kato shows the invention substantially as claimed including a display apparatus comprising a first light-emitting device, a second light-emitting device, a first coloring layer 112B, a second coloring layer (112G, 112R), a first insulating layer (gas barrier-see paragraph 0081), and a second insulating layer 113, wherein the first light-emitting device comprises a first pixel electrode 418B, a first layer 417B over the first pixel electrode, and a common electrode 416 over the first layer, wherein the second light-emitting device comprises a second pixel electrode (418G, 418R), a second layer (417G, 417R) over the second pixel electrode, and the common electrode 416 over the second layer, wherein the first layer and the second layer each comprise a first light-emitting material emitting blue light and a second light-emitting material emitting light with a longer wavelength than blue light and are separated from each other, wherein the first coloring layer overlaps with the first light-emitting device, wherein the second coloring layer overlaps with the second light-emitting device, wherein the second coloring layer and the first coloring layer transmit light of different colors, wherein the first insulating layer covers a side surface and a part of a top surface of the first layer and a side surface and part of a top surface of the second layer, wherein the second insulating layer overlaps with the side surface and the part of the top surface of the first layer and the side surface and the part of the top surface of the second layer with the first insulating therebetween, wherein the common electrode 416 covers the second insulating layer 113 (see fig. 1 and paragraphs 0045-0087).
Kato does not expressly disclose wherein in a cross-sectional view, an end portion of the second insulating layer has a tapered shape with a taper angle less than ninety degrees. Canon, Inc. discloses tapering the lower end of an insulator to prevent cracks in an overlying layer (see paragraph 0005). In view of this disclosure, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the primary reference of Kato so as to comprise the claimed tapered shape for the second insulating layer of Kato because in such a way the formation of the overlying layers can be maximized.
Concerning dependent claim 2, note that Kato and Canon, Inc. do not expressly disclose wherein a top surface of the second insulating layer has a convex shape. However, a prima facie case of obviousness exists because the configuration of the claimed second insulating layer is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the second insulating layer was significant.
With respect to dependent claim 3, Kato does not expressly disclose where an end portion of the first insulating layer has a tapered shape with a taper angle less than ninety degrees. However, Canon, Inc. discloses tapering the lower end of an insulator to prevent cracks in an overlying layer (see paragraph 0005). In view of this disclosure, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the primary reference of Kato modified by Canon, Inc. so as to comprise the claimed tapered shape for the first insulating layer of Kato because in such a way the formation of the overlying layers can be maximized.
Regarding dependent claims 4-5, note that Kato discloses wherein the second insulating layer covers at least part of a side surface of the end portion of the first insulating layer (see fig. 1) and an end portion of the second insulating layer is positioned outward from the end portion of the first insulating layer (again, see fig. 1).
As to dependent claim 6, note that the particular shape and configuration of the second insulating layer would have been determined through routine experimentation and would not lend patentability to the instant invention absent a showing of unexpected results.
Regarding dependent claims 7-8 and 12, note that when giving the claim its broadest reasonable interpretation Kato discloses a third insulating layer and a fourth insulating layer, wherein the third insulating layer is positioned between the top surface of the first layer and the first insulating layer, wherein the fourth insulating layer is positioned between the top surface of the second layer and the first insulating layer, and wherein an end portion of the third insulating layer and an end portion of the fourth insulating layer are each positioned outward from the end portion of the first insulating layer, and the second insulating layer covers at least part of a side surface of the third insulating layer and at least part of a side surface of the fourth insulating layer.
With respect to dependent claims 9 and 13, Kato and Canon, Inc. shows the invention substantially as claimed but fails to disclose where the end portion of the third and fourth insulating film has a tapered shape with an angle less than ninety degrees. However, Canon, Inc. discloses tapering the lower end of an insulator to prevent cracks in an overlying layer (see paragraph 0005). In view of this disclosure, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the primary reference of Kato modified by Canon, Inc. so as to comprise the claimed tapered shape for the third and fourth insulating layers of Kato because in such a way the formation of the overlying layers can be maximized.
Concerning dependent claim 10, note that the configuration of the first and second insulating layers is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence the configuration is significant.
As to dependent claim 11, note that in the display of Kato modified by Canon, Inc. the end portion of the first insulating layer would be expected to have a smaller thickness due to the tapered nature of the first insulating layer.
Concerning dependent claim 14, note that the first layer and the second layer comprise a light emitting layer and a functional layer, where the functional layer can comprise an electron injection layer, for example (see paragraphs 0056-0058).
Regarding dependent claim 15, note that Kato discloses wherein the first insulating layer and the second insulating layer each comprise a portion overlapping with a top surface of the first pixel electrode and a portion overlapping with a top surface of the second pixel electrode.
Regarding dependent claim 17, Kato modified by Canon, Inc. do not expressly disclose that the end portion of the pixel electrode has a tapered shape. However, for a similar reason as forming insulating layers with a tapered shape in Canon, Inc. (see paragraph 0005), it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the display of Kato modified by Canon, Inc. so as to form a tapered shape for the end portions of the pixel electrode because the formation of overlying layers can be maximized.
Concerning dependent claim 18, note that in Kato the first insulating layer can be an inorganic insulating material and the second insulating layer can be an organic insulating material (see, for example, paragraphs 0081-0082). Furthermore, concerning claim 20, the examiner takes official notice that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize an acrylic resin material as an organic insulating material since this is notoriously well known in the art organic material.
With respect to dependent claim 19, Kano and Canon, Inc. do not expressly disclose where the first insulating layer is aluminum oxide. However, Kato does disclose that the first insulating layer can be an inorganic insulating material. Due to this, the examiner takes official notice that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to utilize aluminum oxide as the first insulating layer since that is a well known inorganic insulating material that is commonly used in microelectronic applications.
Regarding dependent claim 21, Kato discloses wherein the first light emitting device comprises a common layer (for example, 414b) positioned between the second insulating layer and a common electrode 416.
With respect to dependent claims 22-23, the examiner takes official notice that the particular display and associated components are well known to one of ordinary skill in the art at the time the invention was made to include the display along with these components since these are well known commonly used parts of a display device.
Allowable Subject Matter
Claim 16 is 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.
Claims 24-31 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD A BOOTH whose telephone number is (571)272-1668. The examiner can normally be reached Monday to Friday, 8:30 to 5:00.
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/RICHARD A BOOTH/ Primary Examiner, Art Unit 2812
February 19, 2026