DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement(s)
The Information Disclosure Statement(s) filed on May 15, 2024 and July 26, 2024 were considered by the Examiner.
Election/Restrictions
Applicant's election with traverse of Group I and Species A with claims 1-15 readable thereon in the reply filed on July 16, 2026 is acknowledged. The traversal is on the ground(s) that there must be a search burden for examination to be proper. This is not found persuasive because there is a search burden as the product and method belong to different classifications H10K59/10 and H10K59/1201 respectively, and specific keyword searches would need to be conducted to search for the mutually exclusive features of the different species such as overhang structure sidewalls facing upward vs. partially downward, the species including three encapsulation layers 116A, 116B, 116C vs. the species with only two encapsulation layers 116A, 116B and not the third layer 116C, vs. the species with only one encapsulation layer 116A and not the second and third layers 116B, 116C vs. the species with first and second layers 116A, 116B and the resist material layer 230 instead of the third layer 116C, as outlined in the Restriction Requirement mailed on May 22, 2026.
Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Accordingly, the requirement is still deemed proper and is therefore made FINAL.
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 1-15 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 1 includes “the first layer and the second layer have . . . a second portion disposed over a sidewall of each overhang structure, and a third portion disposed under an underside surface of an extension of each overhang structure” and it is unclear how the same second portion (which is singular) of the same layer (first or second layer) can be disposed over a sidewall of each overhang structure and the same third portion (which is singular) of the same layer can be disposed under an underside surface of an extension of each overhang structure. For examination purposes, the above limitation will be interpreted to mean “the first layer and the second layer have . . . a second portion disposed over a sidewall of an overhang structure, and a third portion disposed under an underside surface of an extension of the overhang structure.”
Claim 9 includes “the first layer and the second layer have . . . a second portion disposed over a sidewall of each overhang structure, and a third portion disposed under an underside surface of an extension of each overhang structure” which is similarly indefinite for the reasons provided above for claim 1. For examination purposes, the above limitation will be interpreted to mean “the first layer and the second layer have . . . a second portion disposed over a sidewall of an overhang structure, and a third portion disposed under an underside surface of an extension of the overhang structure.”
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20230240125A1 (“Ogawa”).
RE: Claim 1, Ogawa discloses A sub-pixel (sub-pixel SP3 in FIG. 3, [0051]), comprising:
a substrate (10);
adjacent overhang structures (adjacent overhang structures 6 including 61, 62, [0047]) defining the sub-pixel (FIG. 3 shows the adjacent overhang structures 6 defining the sub-pixel SP3);
an anode (anode LE3, [0060]);
an organic light-emitting diode (OLED) material (OR3a; display element 20 is an organic light emitting diode, [0033]; OR3 constitutes the display element 20, [0041]; OR3 includes OR3a, [0050]; accordingly, OR3a is an organic light-emitting diode material) disposed over the anode;
a cathode (cathode UE3, [0060]; UE3 includes UE3a, [0050]) disposed over the OLED material; and
an layer stack (layer stack including 73, 13 and layer CP3 which includes CP3a and CP3b, [0054], and optionally 14), the layer stack having a first layer (CP3), a second layer (73) disposed over the first layer, and a third layer (13 or the combination of 13, 14), wherein:
the first layer and the second layer have a first portion (As shown in Annotated FIG. 3 below, first layer CP3 includes first portion of CP3a, second layer 73 includes first portion disposed over the cathode UE3a) disposed over the cathode, a second portion disposed over a sidewall (sidewall of 61) of each overhang structure (As shown in Annotated FIG. 3 below, first layer CP3 includes a second portion of CP3b, second layer 73 includes a second portion disposed over a sidewall of 61 of an overhang structure 6), and a third portion disposed under an underside surface of an extension (62) of each overhang structure (As shown in Annotated FIG. 3 below, first layer CP3 includes a third portion of CP3a, second layer 73 includes a third portion disposed under an underside surface of an extension 62 of the overhang structure 6);
a gap is defined by contact of the first portion of the second layer and the third portion of the second layer (Annotated FIG. 3 below shows a gap is defined by contact of the first portion of the second layer 73 and the third portion of the second layer 73); and
the third layer is disposed over the second layer outside of the gap (Annotated FIG. 3 below shows the third layer 13 and/or 14 is disposed over the second layer 73 outside of the gap).
Ogawa does not explicitly disclose that the layer stack is an encapsulation layer stack.
However, the instant application discloses In embodiments, the encapsulation layer stack 116 includes a non-conductive inorganic material, such as a silicon-containing material, [0050]. Further, it discloses The silicon-containing materials can further be varied to change the optical properties of the encapsulation layer stacks 116. For example, the silicon-containing materials can be tuned to increase or decrease the refractive index, [0050].
Ogawa discloses cap layers CP1, CP2, and CP3 are for adjusting the optical characteristics of the light emitted, [0051]. Ogawa further discloses The cap layers CP1, CP2, and CP3 are formed of, for example, multilayer bodies of a plurality of transparent thin films. The multilayer body may include a thin film formed of an inorganic material and a thin film formed of an organic material, as the plurality of thin films. In addition, the plurality of thin films have refractive indexes different from one another, [0062].
Accordingly, the cap layer CP3 adjusts optical properties using a refractive index and falls within the scope of an encapsulation layer as disclosed in the instant application.
Further, in combination, the layer stack including layers 73, 13, 14 and layer CP3 at least partially enclose or encapsulate the OLED layer OR3a, the layer stack including layers 73 13, 14, CP3 is considered to be an encapsulation layer stack under a broad reasonable interpretation.
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(Annotated FIG. 3 of Ogawa)
RE: Claim 4, Ogawa discloses The sub-pixel of claim 1, wherein the third layer comprises a silicon nitride (Si3N4) material, a silicon oxynitride (Si2N2O) material, or a combination thereof (Ogawa discloses 14 is formed of silicon nitride, [0058]; Accordingly, 14 includes silicon nitride, and the combination of 13, 14 includes silicon nitride).
RE: Claim 5, Ogawa discloses The sub-pixel of claim 1, wherein the OLED material is further disposed under the overhang structures (Ogawa FIG. 3 shows portions of the OLED material OR3a are further disposed under 62 which are part of the overhang structures 6).
RE: Claim 6, Ogawa discloses The sub-pixel of claim 1, wherein one of the overhang structures (left 6 in Ogawa FIG. 3) comprises a first structure (61) and a second structure (62) on the first structure, wherein the second structure has an extension extending laterally past the first structure (Ogawa FIG. 3 shows the second structure 62 has an extension extending laterally past the first structure 61).
RE: Claim 7, Ogawa discloses The sub-pixel of claim 6, wherein the first structure comprises an inorganic material or a metal-containing material (Ogawa discloses 61 includes a metal layer 610, [0067]).
RE: Claim 8, Ogawa discloses The sub-pixel of claim 6, wherein the second structure comprises an inorganic material, a non-conductive material, or a metal-containing material (Ogawa discloses 62 includes a layer 621 formed of metal, [0068]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa as applied to claim 1 above, and further in view of US20220037608A1 (“Ichikawa”).
RE: Claim 2, Ogawa does not explicitly disclose The sub-pixel of claim 1, wherein the first layer comprises a silicon nitride (Si3N4) material, a silicon oxynitride (Si2N2O) material, or a combination thereof.
However, Ogawa discloses cap layers CP1, CP2, and CP3 are for adjusting the optical characteristics of the light emitted from the emitting layers of the organic layers OR1, OR2, and OR3, [0051].
In the same field of endeavor, Ichikawa discloses in FIG. 20A:
an optical adjustment layer 72 can be formed by using an inorganic insulating material such as silicon nitride (SiNx), silicon oxide (SiOx), or silicon oxynitride (SiOxNy), or an organic resin material such as an acrylic resin or a polyimide resin. The optical adjustment layer 72 may be a single layer or a laminated film including these multiple materials. Additionally, the number of layers may be different depending on the type of the light emitting unit 50, [0206].
Ichikawa discloses the light emitting unit 50 comprises an organic layer 40 including light emitting layers, [0129].
Accordingly, before the effective filing date of the claimed invention, there was a need to select a material of the cap layer CP3 in Ogawa that provides optical adjustment for an organic light emitting layer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use silicon nitride or silicon oxynitride in cap layer CP3 as this would have been obvious to try since silicon nitride and silicon oxynitride are both identified by Ichikawa as solutions for materials that provide optical adjustment for an organic light emitting layer and this would have had a reasonable expectation of success, see MPEP 2143.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa as applied to claim 1 above, and further in view of US20180005568A1 (“Kim”).
RE: Claim 3, Ogawa does not explicitly disclose The sub-pixel of claim 1, wherein the second layer comprises a hexamethyldisiloxane (HMDSO) material.
However, Ogawa discloses 73 is a sealing layer formed of inorganic material, [0058].
In the same field of endeavor, Kim discloses in FIG. 4:
a sealing layer SL may be disposed on the second electrode EL2, [0094].
Kim further discloses the sealing layer SL may include first to third sealing layers SL1 to SL3. Each of the first to third sealing layers SL1 to SL3 may include an organic material and/or an inorganic material, [0094].
When the second sealing layer SL2 includes an inorganic material instead of an organic material, various types of silicon insulating materials, for example, hexamethyldisiloxane (HMDSO), octamethylcyclotetrasiloxane (OMCTSO), and tetramethyldisiloxane (TMDSO), tetraethyleorthosilicate (TEOS) may be used, [0096].
Kim further discloses the organic emission layer OL forming the light emitting device may be easily damaged by external moisture or oxygen. The sealing layer SL may protect them by covering the organic emission layer OL. The sealing layer SL may cover the display area DA and extend beyond the display area DA, [0096].
Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for the sealing layer 73 in Ogawa.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use hexamethyldisiloxane in the sealing layer 73 as taught by Kim in order to ensure the organic emission layer OR3a is protected.
Claim(s) 9, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa.
RE: Claim 9, Ogawa discloses A device (DSP in FIG. 3), comprising:
a substrate (10); and
overhang structures (6) defining a plurality of sub-pixels (SP1, SP2, SP3, [0029]), each sub-pixel comprising:
an anode (LE1, LE2, or LE3, [0060]);
an organic light-emitting diode (OLED) material (OR1a, OR2a, or OR3a; display element 20 is an organic light emitting diode, [0033]; OR1, OR2, OR3 constitutes the display element 20 of a respective sub-pixel SP1, SP2, SP3, [0041]; OR1 includes OR1a, [0048]; OR2 includes OR2a, [0049]; OR3 includes OR3a, [0050]; accordingly, OR1a, OR2a, OR3a are organic light-emitting diode materials) disposed over the anode;
a cathode (cathode UE1, UE2, or UE3, [0060]; UE1 includes UE1a, [0048]; UE2 includes UE2a, [0049]; UE3 includes UE3a, [0050]) disposed over the OLED material; and
an layer stack (layer stack including 71, 13 and layer CP1 which includes CP1a and CP1b, [0052], and optionally 14; layer stack including 72, 13 and layer CP2 which includes CP2a and CP2b, [0053], and optionally 14; or layer stack including 73, 13 and layer CP3 which includes CP3a and CP3b, [0054], and optionally 14), the layer stack having a first layer (CP1, CP2, or CP3), a second layer (71, 72, or 73) disposed over the first layer, and a third layer (13 or the combination of 13, 14), wherein:
the first layer and the second layer have a first portion (As shown in Annotated FIG. 3 below, first layer CP3 includes first portion of CP3a, second layer 73 includes first portion disposed over the cathode UE3a; although not separately labeled, first layer CP1 includes first portion of CP1a, second layer 71 includes first portion disposed over the cathode UE1a; although not separately labeled, first layer CP2 includes first portion of CP2a, second layer 72 includes first portion disposed over the cathode UE2a) disposed over the cathode, a second portion disposed over a sidewall (sidewall of 61) of each overhang structure (As shown in Annotated FIG. 3 below, first layer CP3 includes a second portion of CP3b, second layer 73 includes a second portion disposed over a sidewall of 61 of an overhang structure 6; although not separately labeled, first layer CP1 includes a second portion of CP1b, second layer 71 includes a second portion disposed over a sidewall of 61 of an overhang structure 6; although not separately labeled, first layer CP2 includes a second portion of CP2b, second layer 72 includes a second portion disposed over a sidewall of 61 of an overhang structure 6), and a third portion disposed under an underside surface of an extension (62) of each overhang structure (As shown in Annotated FIG. 3 below, first layer CP3 includes a third portion of CP3a, second layer 73 includes a third portion disposed under an underside surface of an extension 62 of the overhang structure 6; although not separately labeled, first layer CP1 includes a third portion of CP1a, second layer 71 includes a third portion disposed under an underside surface of an extension 62 of the overhang structure 6; although not separately labeled, first layer CP2 includes a third portion of CP2a, second layer 72 includes a third portion disposed under an underside surface of an extension 62 of the overhang structure 6);
a gap is defined by contact of the first portion of the second layer and the third portion of the second layer (Annotated FIG. 3 below shows a gap is defined by contact of the first portion of the second layer 73 and the third portion of the second layer 73; although not separately labeled, a gap is defined by contact of the first portion of the second layer 71 and the third portion of the second layer 71; although not separately labeled, a gap is defined by contact of the first portion of the second layer 72 and the third portion of the second layer 72); and
the third layer is disposed over the second layer outside of the gap (Annotated FIG. 3 below shows the third layer 13 and/or 14 is disposed over the second layer 73 outside of the gap; although not separately labeled, the third layer 13 and/or 14 is disposed over the second layer 71 or 72 outside of the gap in these layers).
Ogawa does not explicitly disclose that the layer stack is an encapsulation layer stack.
However, the instant application discloses In embodiments, the encapsulation layer stack 116 includes a non-conductive inorganic material, such as a silicon-containing material, [0050]. Further, it discloses The silicon-containing materials can further be varied to change the optical properties of the encapsulation layer stacks 116. For example, the silicon-containing materials can be tuned to increase or decrease the refractive index, [0050].
Ogawa discloses cap layers CP1, CP2, and CP3 are for adjusting the optical characteristics of the light emitted, [0051]. Ogawa further discloses The cap layers CP1, CP2, and CP3 are formed of, for example, multilayer bodies of a plurality of transparent thin films. The multilayer body may include a thin film formed of an inorganic material and a thin film formed of an organic material, as the plurality of thin films. In addition, the plurality of thin films have refractive indexes different from one another, [0062].
Accordingly, the cap layers CP1, CP2, CP3 adjust optical properties using refractive indexes and fall within the scope of an encapsulation layer as disclosed in the instant application.
Further, in combination, the layer stack including layers 73, 13, 14 and layer CP3 at least partially enclose or encapsulate the OLED layer OR3a, the layer stack including layers 73 13, 14, CP3 is considered to be an encapsulation layer stack under a broad reasonable interpretation. Similarly, the layer stack including layers 71, 13, 14 and layer CP1 is considered an encapsulation layer stack, and the layer stack including layers 72, 13, 14 and layer CP2 is considered an encapsulation layer stack.
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(Annotated FIG. 3 of Ogawa)
RE: Claim 12, Ogawa discloses The device of claim 9, wherein the third layer comprises a silicon nitride (Si3N4) material, a silicon oxynitride (Si2N2O) material, or a combination thereof (Ogawa discloses 14 is formed of silicon nitride, [0058]; Accordingly, 14 includes silicon nitride, and the combination of 13, 14 includes silicon nitride).
RE: Claim 13, Ogawa discloses The device of claim 9, wherein one of the overhang structures (left 6 in Ogawa FIG. 3) comprises a first structure (61) and a second structure (62) on the first structure, wherein the second structure has an extension extending laterally past the first structure (Ogawa FIG. 3 shows the second structure 62 has an extension extending laterally past the first structure 61).
RE: Claim 14, Ogawa discloses The device of claim 9, wherein the OLED material is further disposed under the overhang structures (Ogawa FIG. 3 shows portions of the OLED materials OR1a, OR2a, OR3a are further disposed under 62 which are part of the overhang structures 6).
RE: Claim 15, Ogawa discloses The device of claim 9, further comprising one or more pixel-defining layer (PDL) structures (rib(s) 5, [0037]) disposed over the substrate, wherein the PDL structures define sub-pixels of the device (rib 5 includes apertures AP1, AP2, and AP3 in the sub-pixels SP1, SP2, and SP3, respectively, [0037]; Accordingly, the rib(s) 5 define sub-pixels SP1, SP2, SP3).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa as applied to claim 9 above, and further in view of Ichikawa.
RE: Claim 10, Ogawa does not explicitly disclose The device of claim 9, wherein the first layer comprises a silicon nitride (Si3N4) material, a silicon oxynitride (Si2N2O) material, or a combination thereof.
However, Ogawa discloses cap layers CP1, CP2, and CP3 are for adjusting the optical characteristics of the light emitted from the emitting layers of the organic layers OR1, OR2, and OR3, [0051].
In the same field of endeavor, Ichikawa discloses in FIG. 20A:
an optical adjustment layer 72 can be formed by using an inorganic insulating material such as silicon nitride (SiNx), silicon oxide (SiOx), or silicon oxynitride (SiOxNy), or an organic resin material such as an acrylic resin or a polyimide resin. The optical adjustment layer 72 may be a single layer or a laminated film including these multiple materials. Additionally, the number of layers may be different depending on the type of the light emitting unit 50, [0206].
Ichikawa discloses the light emitting unit 50 comprises an organic layer 40 including light emitting layers, [0129].
Accordingly, before the effective filing date of the claimed invention, there was a need to select a material of the cap layers CP1, CP2, CP3 in Ogawa that provides optical adjustment for an organic light emitting layer.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use silicon nitride or silicon oxynitride in each of the cap layers CP1, CP2, CP3 as this would have been obvious to try since silicon nitride and silicon oxynitride are both identified by Ichikawa as solutions for materials that provide optical adjustment for an organic light emitting layer and this would have had a reasonable expectation of success, see MPEP 2143.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ogawa as applied to claim 9 above, and further in view of Kim.
RE: Claim 11, Ogawa does not explicitly disclose The device of claim 9, wherein the second layer comprises a hexamethyldisiloxane (HMDSO) material.
However, Ogawa discloses 71, 72, 73 are sealing layers formed of inorganic material, [0058].
In the same field of endeavor, Kim discloses in FIG. 4:
a sealing layer SL may be disposed on the second electrode EL2, [0094].
Kim further discloses the sealing layer SL may include first to third sealing layers SL1 to SL3. Each of the first to third sealing layers SL1 to SL3 may include an organic material and/or an inorganic material, [0094].
When the second sealing layer SL2 includes an inorganic material instead of an organic material, various types of silicon insulating materials, for example, hexamethyldisiloxane (HMDSO), octamethylcyclotetrasiloxane (OMCTSO), and tetramethyldisiloxane (TMDSO), tetraethyleorthosilicate (TEOS) may be used, [0096].
Kim further discloses the organic emission layer OL forming the light emitting device may be easily damaged by external moisture or oxygen. The sealing layer SL may protect them by covering the organic emission layer OL. The sealing layer SL may cover the display area DA and extend beyond the display area DA, [0096].
Accordingly, before the effective filing date of the claimed invention, there was a need to select a material for the sealing layers 71, 72, 73 in Ogawa.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use hexamethyldisiloxane in each of the sealing layers 71, 72, 73 as taught by Kim in order to ensure the organic emission layers OR1a, OR2a, OR3a are protected.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANGUIANO whose telephone number is (703)756-1226. The examiner can normally be reached Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brent Fairbanks can be reached at (408) 918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL ANGUIANO/Examiner, Art Unit 2899
/Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
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