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 .
Claim Rejections - 35 USC § 103
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, 2, 7, 8, 10-12, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (United States Patent Application Publication No. US 2023/0041252 A1, hereinafter “Chen”) in view of Tao et al. (United States Patent Application Publication No. US 2019/0341399 A1, hereinafter “Tao”).
In reference to claim 1, Chen discloses a similar device. Fig. 1-2B of Chen discloses a display device which comprises a first pixel electrode (104 in 108a) and a second pixel electrode (104 in 108b) spaced apart from each other on a substrate (102). A first bank layer (126) is disposed on the substrate (102) and exposes the first pixel electrode (104 in 108a) and the second pixel electrode (104 in 108b). A first light-emitting layer (112 in 108a) is disposed on the first pixel electrode (104 in 108a) and a second light-emitting layer (112 in 108b) disposed on the second pixel electrode (104 in 108b). A first common electrode (114 in 108a) is disposed on the first light-emitting layer (112 in 108a) and a second common electrode (114 in 108b) is disposed on the second light-emitting layer (112 in 108b). A second bank layer (110A) is disposed on the first bank layer (126) and exposes the first common electrode (114 in 108a) and the second common electrode (114 in 108b). A third bank layer (110B) is disposed in direct contact with the second bank layer (110A) and has a tip protruding further than a sidewall of the second bank layer (110A). Chen discloses that the third bank layer (110B) includes a nitride material (p. 3, paragraph 29) but does not explicitly disclose it is a metal nitride. However Chen discloses that the third bank layer (110B) or the overhang structure are permanent structures (p. 3, paragraph 23). Tao discloses that titanium nitride (a metal nitride) is a known permanent etch stopping material (p. 2, paragraph 17). In view of Tao, it would therefore be obvious to use a metal nitride in the form of titanium nitride for use as the third bank layer (110B) or the overhang structure in the Chen device.
With regard to claim 2, Chen discloses that the first bank layer (126) includes insulating material (p. 3, paragraph 26). Chen also discloses that the second bank layer (110A) includes metal material (p. 3, paragraph 29).
In reference to claim 7, in the device of Chen constructed in view of Tao, the third bank layer (110B) is made of titanium nitride.
With regard to claim 8, Chen discloses that the second bank layer (110A) includes one or more of aluminum and titanium (p. 3, paragraph 29).
In reference to claim 10, the tip of the third bank layer (110B) overlaps the first common electrode (114 in 108a) in a thickness direction of the substrate (102).
With regard to claim 11, each of the first common electrode (114 in 108a) and the second common electrode (114 in 108b) is in direct contact with the sidewall of the second bank layer (110A).
In reference to claim 12, a maximum distance from the substrate (102) to the bottommost surface of the first common electrode (114 in 108a) is smaller than a maximum distance from the substrate (102) to the bottommost surface of the second bank layer (110A).
With regard to claim 15, fig. 1-2B of Chen discloses a display device which comprises a third pixel electrode (104 in 108c) spaced apart from the second pixel electrode (104 in 108b) on the substrate (102). A third light-emitting layer (112 in 108c) is disposed on the third pixel electrode (104 in 108c). A third common electrode (114 in 108c) is disposed on the third light-emitting layer (112 in 108c). The first bank layer (126) exposes the third pixel electrode (104 in 108c).
In reference to claim 17, Chen discloses a similar method. Fig. 1-6H of Chen discloses a method of for fabricating a display device which comprises forming a plurality of pixel electrodes (104) spaced apart from each other on a substrate (102). A first bank material layer (126) is formed on the substrate (102) and the plurality of pixel electrodes (104). A second bank material layer (110A) is formed on the first bank layer (126). A third bank material layer (110B) is formed in direct contact with the second bank material layer (110A). A first hole is defined which overlaps a first pixel electrode (104 in 108a) among the plurality of pixel electrodes and penetrates the first bank material layer (126), the second bank material layer (110A), and the third bank material layer (110B) to expose the first pixel electrode (104 in 108a). Fig.4C and 6B show that a sidewall of the second bank material layer (110A) exposed through the first hole is wet etched (p. 7, paragraph 52, p. 8, paragraph 60) to form a tip of the third banking material layer (110B) protruding further than a sidewall of the second bank material layer (110A). A first light-emitting layer (112 in 108a) and a first common electrode (114 in 108a) are formed on the first pixel electrode (104 in 108a). A first inorganic material (116) is formed (p. 5-6, paragraph 43) on the first common electrode (114 in 108a) and the third banking material layer (110B). A portion of the first inorganic material (116) disposed on the third banking material layer (110B) is removed. Chen discloses that the third bank layer (110B) includes a nitride material (p. 3, paragraph 29) but does not explicitly disclose it is a metal nitride. However Chen discloses that the third bank layer (110B) or the overhang structure are permanent structures (p. 3, paragraph 23). Tao discloses that titanium nitride (a metal nitride) is a known permanent etch stopping material (p. 2, paragraph 17). In view of Tao, it would therefore be obvious to use a metal nitride in the form of titanium nitride for use as the third bank layer (110B) or the overhang structure in the Chen method.
With regard to claim 18, in the method of Chen constructed in view of Tao, the third bank layer (110B) is made of titanium nitride.9 Chen discloses that the second bank layer (110A) includes one or more of aluminum and titanium (p. 3, paragraph 29).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Tao as applied to claim 1 above and further in view of Jo et al. (United States Patent Application Publication No. US 2021/0143365 A1, hereinafter “Jo”).
In reference to claim 3, Chen does not disclose the exact thickness of the third bank layer (110B) or overhang structure as claimed by the applicant. However Jo discloses that the thickness of the overhang structure can be optimized to tailor its strength or durability (p. 6, paragraph 92). Thus Jo makes it clear that the thickness of the overhang structure is a result effective variable. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the thickness of the third bank layer (110B) or overhang structure, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore claim 3 is not patentable over Chen, Tao, and Jo.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Tao as applied to claim 1 above and further in view of Gregory et al. (United States Patent Application Publication No. US 2011/0101317 A1, hereinafter “Gregory”).
In reference to claim 9, Chen does not disclose the exact width of the tip of the third bank layer (110B) or overhang structure as claimed by the applicant. However fig. 8D of Gregory discloses that the width (L) of the overhang structure (804) can be optimized to adjust the contact angle of the bank in order to increase the amount of deposited materials in the well defined by the bank (p. 6, paragraphs 62 and 68, p. 8, paragraph 94). Thus Gregory makes it clear that the width of the tip of the third bank layer (110B) or overhang structure is a result effective variable. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the width of the tip of the third bank layer (110B) or overhang structure, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore claim 9 is not patentable over Chen, Tao, and Gregory.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Tao as applied to claim 17 above and further in view of Uenishi et al. (USPN 6,040,600, hereinafter “Uenishi”).
In reference to claim 19, Chen discloses that the first inorganic material (116) includes any one of silicon oxide, silicon nitride, and silicon oxynitride (p. 5-6, paragraph 43). A mask pattern (408, 602) is formed on the first inorganic material layer (116) disposed in the first hole. An etch process is used to etch the first inorganic material layer (116) not covered by the mask pattern. Chen does not disclose that a dry etch process with a fluorine (F)-based etchant is used to etch the first inorganic material layer (116) not covered by the mask pattern (408, 602). However Uenishi discloses that dry etch processes using a fluorine (F)-based etchant provides the benefit of etching openings with a highly precise width and aspect ratio (column 12, lines 21-24). In view of Uenishi, it would therefore be obvious to use a dry etch process with a fluorine (F)-based etchant in order to etch the first inorganic material layer (116) not covered by the mask pattern (408, 602) in the method of Chen constructed in view of Tao.
Allowable Subject Matter
Claims 4-6, 13, 14, 16, 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: in the examiner’s opinion, it would not be obvious to implement a display device which comprises a first and second pixel electrodes spaced apart from each other on a substrate, a first bank layer disposed on the substrate which exposes the first and second pixel electrodes, a first light-emitting layer disposed on the first pixel electrode, a second light-emitting layer disposed on the second pixel electrode, a first common electrode disposed on the first light-emitting layer, a second common electrode disposed on the second light-emitting layer, a second bank layer disposed on the first bank layer that exposes the first and second common electrodes, in combination with a third bank layer disposed directly on the second bank layer with a protruding tip that has the specific composite layer structure and overlying material layers as required by the applicant in claims 4 and 13.
In the examiner’s opinion, it would also not be obvious to implement a display device which comprises a first and second pixel electrodes spaced apart from each other on a substrate, a first bank layer disposed on the substrate which exposes the first and second pixel electrodes, a first light-emitting layer disposed on the first pixel electrode, a second light-emitting layer disposed on the second pixel electrode, a first common electrode disposed on the first light-emitting layer, a second common electrode disposed on the second light-emitting layer, a second bank layer disposed on the first bank layer that exposes the first and second common electrodes a third bank layer disposed directly on the second bank layer with a protruding tip in combination with the specific third pixel electrode, third light-emitting layer, and third common electrode layer structure as required by the applicant in claim 15.
In the examiner’s opinion, it would also not be obvious to implement a method for fabricating a display device which comprises forming a plurality of pixel electrodes spaced apart from each other on a substrate, forming a first bank material layer on the substrate and the plurality of pixel electrodes, forming a second bank material layer on the first bank material layer, and forming a third bank material layer including a metal nitride directly on the second bank material layer, defining a first hole overlapping a first pixel electrode among the plurality of pixel electrodes and penetrating the first, second, and third bank material layers to expose the first pixel electrode, wet etching a sidewall of the second bank material layer exposed through the first hole to form a tip of the third bank material layer protruding further than the sidewall of the second bank material layer, forming a first light-emitting layer and a first common electrode on the first pixel electrode, forming a first inorganic material layer on the first common electrode and the third bank material layer, removing a portion of the first inorganic material layer disposed on the third bank material layer in combination with the suggested first organic pattern material layer formation and etching steps described by the applicant in claim 20.
Response to Arguments
The examiner acknowledges the applicant’s statement (p. 8-9 of the response filed July 7, 2026) that, not later than the effective filing date of the claimed invention of the present application, the subject matter disclosed in U.S. Patent Application Publication No. US 2024/0224761 A1 to Park et al. that is relied upon in the rejection, and the claimed invention of the present application, were owned by the same person or were subject to an obligation of assignment to the same person. Thus Park (US 2024/0224761 A1) is not available as prior art against claims 1, 2, 7, 8, 10-13, and 15-18. Therefore the examiner hereby withdraws the rejection of claims 1, 2, 7, 8, 10-13, and 15-18 under 35 U.S.C. 102(a)(2) as being anticipated by Park (US 2024/0224761 A1) made in the previous Office action.
Applicant's arguments filed July 7, 2026, have been fully considered but they are not persuasive. The examiner notes the applicant’s statement (p. 10 of the response) that, ”The Examiner has already indicated that the corresponding material-layering subject matter of claims 4-6 would be allowable if rewritten in independent form.” The applicant has amended claims 1 and 17 to further describe the third bank layer as being composed of a metal nitride material while being in direct contact with the second bank layer. However amended claims 1 and 17 do not include all of the limitations of original claim 4 (from the claim set filed on February 22, 2024) and are both missing the additional metal layer that includes a Group 5 element (which is still described in amended claim 4). While amended claims 1 and 17 now require the third bank layer as being in direct contact with the second bank layer, fig. 1-6H of Chen already discloses a third bank layer (110B) in direct contact with a second bank layer (110A) as noted in the above Office action. Furthermore the above Office action makes it clear that in view of the Tao reference, it would be obvious to use a metal nitride layer for the third bank layer. Therefore claims 1-3, 7-12, 15, and 17-19 stand rejected.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN QUINTO whose telephone number is (571)272-1920. The examiner can normally be reached Monday-Friday, 9-5:30.
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/KEVIN QUINTO/Examiner, Art Unit 2893
/Britt Hanley/Supervisory Patent Examiner, Art Unit 2893
