CTNF 18/584,832 CTNF 78263 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1, 2, 7, 8, 10-13, and 15-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (United States Patent Application Publication No. US 2024/0224761 A1, hereinafter “Park”) . 07-15-02-aia The applied reference has a common assignee, applicant, and inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. In reference to claim 1, Park discloses a device which meets the claim. The examiner notes that Park states (p. 2, paragraph 39), “When an element, such as a layer, is referred to as being ‘on,’ ‘connected to,’ or ‘coupled to’ another element or layer, it may be directly on, connected to, or coupled to the other element or layer or intervening elements or layers may be present.” Thus fig. 4 and 5 of Park discloses a display device which comprises a first pixel electrode (AE1) and a second pixel electrode (AE2) spaced apart from each other on a substrate (SUB). The examiner notes the limitation, “a first bank layer.” Park does not refer to (IL1) as a first bank layer. However note that the elements must be arranged as required by the claim, but this is not an ipsissimis verbis test, i.e., identity of terminology is not required. See In re Bond , 910 F.2d 831, 15 USPQ2d 1566 (Fed. Cir. 1990). Although Park does not specifically use the term, “first bank layer” for (IL1), it is not required in order for the Park reference to teach this limitation in the claim. Thus this limitation is not patentable over Park. Therefore there is a first bank layer (IL1) is disposed on the substrate (SUB) and exposes the first pixel electrode (AE1) and the second pixel electrode (AE2). A first light-emitting layer (EL1) is disposed on the first pixel electrode (AE1) and a second light-emitting layer (EL2) disposed on the second pixel electrode (AE2). A first common electrode (CE1) is disposed on the first light-emitting layer (EL1) and a second common electrode (CE2) is disposed on the second light-emitting layer (EL2). A second bank layer (BNK1) is disposed on the first bank layer (IL1) and exposes the first common electrode (CE1) and the second common electrode (CE2). The applicant discloses that the third bank layer may have a multilayer structure of two or more layers (p. 23, paragraph 134 of the currently filed specification). Therefore Park discloses a third bank layer (BNK2, BNK3, BNK4) which is disposed on the second bank layer (BNK1) and includes a metal nitride (p. 8, paragraph 126). The third bank layer (BNK2, BNK3, BNK4) includes a tip protruding further than a sidewall of the second bank layer (BNK1). With regard to claim 2, Park discloses that the first bank layer (IL1) includes insulating material (p. 7, paragraph 115). Park also discloses that the second bank layer (BNK1) includes metal material (p. 8, paragraph 126). In reference to claim 7, Park discloses (p. 8, paragraph 126) that the third bank layer (BNK2, BNK3, BNK4) includes a first metal nitride layer (BNK4) made of titanium nitride. With regard to claim 8, Park discloses that the second bank layer (BNK1) includes aluminum (p. 8, paragraph 126). In reference to claim 10, the tip of the third bank layer (BNK2, BNK3, BNK4) overlaps the first common electrode (CE1) in a thickness direction of the substrate (SUB). With regard to claim 11, each of the first common electrode (CE1) and the second common electrode (CE2) is in direct contact with the sidewall of the second bank layer (BNK1). In reference to claim 12, a maximum distance from the substrate (SUB) to the bottommost surface of the first common electrode (CE1) is smaller than a maximum distance from the substrate (SUB) to the bottommost surface of the second bank layer (BNK1). With regard to claim 13, Park discloses (p. 10, paragraph 139) a first organic pattern (ELP1) that is disposed on the third bank layer (BNK2, BNK3, BNK4) and includes a same material as a material of the first light-emitting layer (EL1). Park also discloses (p. 10, paragraph 140) a first electrode pattern (CEP1) that is disposed on the first organic pattern (ELP1) and includes a same material as a material of the first common electrode (CE1). Park discloses (p. 10, paragraph 143) a second organic pattern (ELP2) that is disposed on the third bank layer (BNK2, BNK3, BNK4) and includes a same material as a material of the second light-emitting layer (EL2). Park also discloses (p. 10, paragraph 144) a second electrode pattern (CEP2) that is disposed on the second organic pattern (ELP2) and includes a same material as a material of the second common electrode (CE2). In reference to claim 15, a third pixel electrode (AE3) is disposed to be spaced apart from the second pixel electrode (AE2) on the substrate (SUB). A third light-emitting layer (EL3) is disposed on the third pixel electrode (AE3). A third common electrode (CE3) is disposed on the third light-emitting layer (EL3) and is spaced apart from the second common electrode (CE2). The first bank layer (IL1) exposes the third pixel electrode (AE3). With regard to claim 16, Park discloses (p. 10-11, paragraph 147) a third organic pattern (ELP3) that is disposed on the third bank layer (BNK2, BNK3, BNK4) and includes a same material as a material of the third light-emitting layer (EL3). Park also discloses (p. 11, paragraph 148) a third electrode pattern (CEP3) that is disposed on the third organic pattern (ELP3) and includes a same material as a material of a third common electrode (CE3). A third inorganic layer (TL3) is disposed on the sidewall of the second bank layer (BNK1) adjacent to the third common electrode (CE3) and disposed on the third common electrode (CE3) and the third electrode pattern (CEP3). In reference to claim 17, Park discloses a similar method. Fig. 6-12 of Park discloses a method of for fabricating a display device which comprises forming a plurality of pixel electrodes (AE1, AE2, AE3) spaced apart from each other on a substrate (SUB). A first bank material layer (IL1) is formed on the substrate (SUB) and the plurality of pixel electrodes (AE1, AE2, AE3). A second bank material layer (BNK1) is formed on the first bank layer (IL1). A third bank material layer (BNK2, BNK3, BNK4) is formed on the second bank material layer (BNK1). A first hole (HOL1) is defined which overlaps a first pixel electrode (AE1) among the plurality of pixel electrodes (AE1, AE2, AE3) and penetrates the first bank material layer (IL1), the second bank material layer (BNK1), and the third bank material layer (BNK2, BNK3, BNK4) to expose the first pixel electrode (AE1). A sidewall of the second bank material layer (BNK1) exposed through the first hole is wet etched (p. 13, paragraph 180) to form a tip of the third banking material layer (BNK2, BNK3, BNK4) protruding further than a sidewall of the second bank material layer (BNK1). A first light-emitting layer (EL1) and a first common electrode (CE1) are formed on the first pixel electrode (AE1). A first inorganic material (TL1) is formed on the first common electrode (CE1) and the third banking material layer (BNK2, BNK3, BNK4). A portion of the first inorganic material (TL1) disposed on the third banking material layer (BNK2, BNK3, BNK4) is removed. With regard to claim 18, Park discloses (p. 8, paragraph 126) that the third bank layer (BNK2, BNK3, BNK4) includes a first metal nitride layer (BNK4) made of titanium nitride. Park discloses that the second bank layer (BNK1) includes aluminum (p. 8, paragraph 126). Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 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 on 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 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 on 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 shows 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 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) . 07-22-aia AIA 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 that 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 . 07-22-aia AIA 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 that 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 . 07-22-aia AIA 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 12-151-08 AIA 07-43 12-51-08 Claim s 4-6, 14, 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. 13-03-01 AIA 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 on the second bank layer that has the specific protruding tip and material layering as required by the applicant in claims 4 and 14. 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 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 . Conclusion 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. 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, Britt Hanley can be reached at 571-270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KEVIN QUINTO/Examiner, Art Unit 2893 /SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893 Application/Control Number: 18/584,832 Page 2 Art Unit: 2893 Application/Control Number: 18/584,832 Page 3 Art Unit: 2893 Application/Control Number: 18/584,832 Page 4 Art Unit: 2893 Application/Control Number: 18/584,832 Page 5 Art Unit: 2893 Application/Control Number: 18/584,832 Page 6 Art Unit: 2893 Application/Control Number: 18/584,832 Page 7 Art Unit: 2893 Application/Control Number: 18/584,832 Page 8 Art Unit: 2893 Application/Control Number: 18/584,832 Page 9 Art Unit: 2893 Application/Control Number: 18/584,832 Page 10 Art Unit: 2893 Application/Control Number: 18/584,832 Page 11 Art Unit: 2893 Application/Control Number: 18/584,832 Page 12 Art Unit: 2893
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