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 .
Priority
Acknowledgement is made to a claim of foreign priority to Korean application filed on May 23rd, 2023.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) filed on March 19th, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election without traverse of Species A, shown in FIG. 7, with claims 1-10 and 12-20 being readable thereon, in the reply filed on June 4th, 2026, is acknowledged.
Claim 8 as written does not belong to the elected species of Figure 7 as set forth in the restriction requirement, and as such is being withdrawn due to non-election.
The requirement is made FINAL, claims 1-7, 9-10 and 12-20 are being examined on their merits, and claims 8 and 11 stand withdrawn.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 102
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.
(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.
Claims 1, 5-7, 9-10, and 12-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (US20210376291A1).
Regarding claim 1;
Park et al. in figures 9, and 12 teaches a display device comprising: a first display substrate (e.g. see examiner markup below) comprising a first base layer (e.g. Fig. 12 ref 110) comprising a display area (e.g. Fig. 12 ref DA) and a non-display area adjacent to the display area (e.g. Fig. 12 ref NDA); a second display substrate (e.g. see examiner markup below) spaced apart from the first display substrate and comprising a second base layer (e.g. Fig. 9 ref 310) comprising pixel areas overlapping the display area (e.g. Fig. 9 ref TA1-3) and a peripheral area adjacent to the pixel areas (e.g. Fig. 9+12 ref BA) and color filters on the second base layer (e.g. Fig. 9 ref 231,233,235, 250); and a sealing member between the first display substrate and the second display substrate and overlapping the non-display area (Fig. 12 ref 50), the first display substrate comprising: light emitting elements (e.g. Fig. 9 ref ED1-3) respectively overlapping the pixel areas; an encapsulation layer (e.g. Fig. 9 ref 170) comprising a first inorganic layer covering the light emitting elements (e.g. Fig. 9 ref 171), a second inorganic layer (e.g. Fig. 9 ref 175), and a first organic layer between the first inorganic layer and the second inorganic layer (e.g. Fig. 9 ref 173); banks provided with openings defined therethrough to respectively overlap the pixel areas and spaced apart from each other on the encapsulation layer (e.g. Fig. 9 ref 370); light control patterns respectively in the openings (e.g. Fig. 9 ref 330-350); a capping layer covering the banks and the light control patterns (e.g. Fig. 9 ref 391); and a second organic layer between the second inorganic layer and the capping layer in the non-display area (e.g. see examiner markup below).
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Regarding claim 5;
Park et al. further teaches that the first inorganic layer and the second inorganic layer are at least partially in contact with each other in the non-display area, and an end of the first inorganic layer and an end of the second inorganic layer, which are in the non-display area and face the sealing member, are covered by the second organic layer (e.g. see examiner markup below).
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Regarding claim 6;
Park et al. further teaches that an end of the capping layer, which is in the non-display area and faces the sealing member, is spaced apart from the end of the first inorganic layer and the end of the second inorganic layer with the second organic layer interposed therebetween (e.g. see examiner markup below).
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Regarding claim 7;
Park et al. further teaches that the second organic layer is spaced apart from the banks (e.g. see examiner markup in claim 1 rejection).
Regarding claim 9;
Park et al. further teaches that an upper surface of the second organic layer and a side surface of the second organic layer adjacent to the sealing member are covered by the capping layer (e.g. see examiner markup below).
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Regarding claim 10;
Park et al. further teaches that an upper surface of the second organic layer is flat (e.g. see examiner markup in claim 1 rejection).
Regarding claim 12;
Park et al. further teaches that the first display substrate comprises: insulating layers on the first display substrate (e.g. Fig. 9 + 12 ref 113,117,130); and dam patterns in the non-display area and comprising a same material as at least one of the insulating layers (e.g. Fig. 12 ref DM, Detailed description [0214] “In an embodiment, the first lower dam pattern D11 and the second lower dam pattern D21 may include or be made of the same material as the third insulating layer 130 and may be formed simultaneously with the third insulating layer 130 during a same process.”).
Regarding claim 13;
Park et al. further teaches that boundary of the first organic layer is defined by one of the dam patterns (e.g. Fig. 12 ref D1), and at least a portion of the dam patterns is covered by the first inorganic layer (e.g. See examiner markup).
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Regarding claim 14;
Park et al. further teaches that the second display substrate comprises: a low refractive index layer on a lower surface of the color filters to cover the color filters (e.g. Fig.9+12 ref 260, Detailed description [0254] “The light blocking pattern 260 may overlap the light blocking region BA to block transmission of light.”); and an upper cover layer on a lower surface of the low refractive index layer to cover the low refractive index layer (e.g. Fig. 9+12 ref 250, Detailed description [0257] “…the light blocking pattern 260 may be located on the color pattern 250. In such an embodiment, the light blocking pattern 260 may be located opposite the second base 310 with the color pattern 250 interposed between them.”).
Regarding claim 15;
Park et al. further teaches that a separation space between the first display substrate and the second display substrate is filled with a filling member (e.g. see examiner markup in claim 1 rejection), and the filling member comprises an organic material (e.g. Detailed description [0062] “the display device 1 includes… a filler 70 filling a space between the display substrate 10 and the color conversion substrate 30.”).
Regarding claim 16;
Park et al. further teaches that the filling member covers the capping layer (e.g. See examiner markup in claim 1 rejection).
Regarding claim 17;
Park et al. teaches a first display substrate (e.g. See examiner markup in claim 1 rejection) comprising a first base layer (e.g. Fig. 12 ref 110) comprising a display area (e.g. Fig. 12 ref DA) and a non-display area adjacent to the display area (e.g. Fig. 12 ref NDA); a second display substrate (e.g. See examiner markup) spaced apart from the first display substrate and comprising a second base layer (e.g. Fig. 9 ref 310) comprising pixel areas overlapping the display area (e.g. Fig. 9 ref TA1-3) and a peripheral area adjacent to the pixel areas (e.g. Fig. 12 ref BA) and color filters on the second base layer (e.g. Fig. 9 ref 231,233,235, 250); and a sealing member between the first display substrate and the second display substrate and overlapping the non-display area (Fig. 12 ref 50), the first display substrate comprising: light emitting elements (e.g. Fig. 9 ref ED1-3) respectively overlapping the pixel areas; an encapsulation layer (e.g. Fig. 9 ref 170) comprising a first inorganic layer covering the light emitting elements (e.g. Fig. 9 ref 171), a second inorganic layer (e.g. Fig. 9 ref 175), and a first organic layer between the first inorganic layer and the second inorganic layer (e.g. Fig. 9 ref 173); banks provided with openings defined therethrough to respectively overlap the pixel areas and spaced apart from each other on the encapsulation layer (e.g. Fig. 9 ref 370); light control patterns respectively in the openings (e.g. Fig. 9 ref 330-350); and a second organic layer on the second inorganic layer in the non-display area (e.g. Fig. 13 ref 70), wherein the second organic layer comprises a same material as one of the light control patterns (e.g. Detailed description [0068] “the filler 70 may include or be made of a material capable of transmitting light. In an embodiment, the filler 70 may include or be made of an organic material.”, [0287] “The first base resin 331 may include or be made of a material having high light transmittance. In an embodiment, the first base resin 331 may include or be made of an organic material.”).
Regarding claim 18;
Park et al. further teaches that the first display substrate comprises a capping layer that covers at least a portion of each of the banks, the light control patterns, the second inorganic layer, the first base layer, and the second organic layer (e.g. e.g. Fig. 9 ref 391), and an end of the capping layer and an end of the second inorganic layer are spaced apart from each other with the second organic layer interposed therebetween in the non-display area (e.g. see examiner markup in claim 1 rejection).
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.
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.
Claims 2-4 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US20210376291A1) for the following reasons:
Regarding claim 2;
Park et al. is silent to one light control pattern (e.g. Fig. 9 ref 331) among the light control patterns comprises a same material as the second organic layer as claimed.
However, Park et al. teaches that the one light control pattern and the second organic material may both be formed of organic materials (e.g. Detailed description [0068] “the filler 70 may include or be made of a material capable of transmitting light. In an embodiment, the filler 70 may include or be made of an organic material.”, [0287] “The first base resin 331 may include or be made of a material having high light transmittance. In an embodiment, the first base resin 331 may include or be made of an organic material.”).
At the effective time of filing, it would have been obvious to someone having ordinary skill in the art to form the one light control pattern and the second organic layer taught in Park et al. from the same material because doing so would simplify the fabrication of the display device by reducing the number of different materials used and/or the number of material-selection or deposition steps required, providing a predictable manufacturing configuration.
Regarding claims 3 and 19;
Park et al. is silent to the material comprising the one light control pattern among the light control patterns and the second organic layer comprising titanium oxide (TiO2) as claimed.
However, Park et al. teaches that the one light control pattern and the second organic material may both be formed of organic materials (e.g. Detailed description [0068] “the filler 70 may include or be made of a material capable of transmitting light. In an embodiment, the filler 70 may include or be made of an organic material.”, [0287] “The first base resin 331 may include or be made of a material having high light transmittance. In an embodiment, the first base resin 331 may include or be made of an organic material.”) and that the material selected for the second organic layer should have a negligible extinction coefficient (e.g. Detailed description [0069] “In an embodiment, the filler 70 may include or be made of a material having an extinction coefficient of substantially zero.”).
At the effective time of filing, it would have been obvious to one having ordinary skill in the art to form the one light control pattern and the second organic layer taught in Park et al. from titanium oxide (TiO2), since it has been held to be within the general skill of worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design variation and choice. In re Leshin, 125 USPQ 416. Titanium Dioxide (TiO2) is material with the known property of being transparent in the visible region (i.e. Extinction coefficient of ~0) for numerous crystal configurations which the material can adopt.
Regarding claims 4 and 20;
Park et al. further teaches that the other light control patterns except the one light control pattern among the light control patterns comprise a quantum dot (e.g. Fig. 9 ref 345,355; Detailed description [0318] “…both the first wavelength shifter 345 and the second wavelength shifter 355 may include or be composed of quantum dots.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM ROBERT MANN whose telephone number is (571)270-0210. The examiner can normally be reached Monday thru Thursday 0800-1800 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Choi can be reached at (469) 295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM ROBERT MANN/Examiner, Art Unit 2897
/JACOB Y CHOI/Supervisory Patent Examiner, Art Unit 2897
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