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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on June 22, 2026, is acknowledged.
Claims 12-18 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 22, 2026.
Specification
The disclosure is objected to because of the following informalities: in paragraph [0008], there is a missing word in “…may further include a second part located the second light control pattern…” (emphasis added by the examiner). It is assumed that “between” is the intended word.
Appropriate correction is required.
Claim Objections
Claim 4 is objected to as it is dependent directly on claim 1, but it separates claims 3 and 5, which are both dependent on claim 2.
Claim 19 is objected to because of the following informalities: the claim recites “a third light control pattern” before reciting “a first light control pattern”, followed by “a second light control pattern”. Appropriate correction is required.
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 2-5 and 7 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 2 recites the limitation, “wherein the bank layer further includes: a second part located the second light control pattern and the third light control pattern” (emphasis added by the examiner), which is missing a word between “located” and “the”. The absence of this word creates uncertainty as to where the second part of the bank layer is located relative to the second and third light control patterns, rendering the claim indefinite.
Claims 3 and 5 are dependent on claim 2, and thus inherit the deficiencies of the parent claim.
Claim 4 recites the limitation, “a part of the bank layer”. It is unclear whether this is a different part of the bank layer than the first part recited in claim 1 or a different part.
Claim 7 recites the limitation, “a part of the bank layer”. It is unclear whether this is a different part of the bank layer than the first part recited in claim 1 or a different part.
For examination purposes, the following will be assumed:
The missing word in claim 2 is “between”, i.e., the claim was intended to read “…a second part located between the second light control pattern…”.
The parts of the bank layer recited in claims 4 and 7 are different from the first part of the bank layer recited in claim 1, i.e., the limitations were intended to be “a second part of the bank layer”.
This rejection may be overcome by:
Amending claim 2 with the missing word stating where the second part of the bank layer is located relative to the second and third light control patterns.
Amending claims 4 and 7 to instead explicitly number the part of the bank layer, e.g., “a second part of the bank layer”.
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Fig. 5 of J. K. Kim, reproduced with annotations added by the examiner.
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Alternate reproduction of Fig. 5 of J. K. Kim for the purposes of the rejections of claims 4 and 7.
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Fig. 15 of J. K. Kim, reproduced with annotations added by the examiner.
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 1-2, 4, 6-10, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by J. K. Kim et. al., Pub. No. US 2021/0399068, hereafter referred to as J. K. Kim.
Regarding claim 1, J. K. Kim teaches all of the limitations of the claim in Figs. 5 and 15, reproduced above with annotations added by the examiner: “A display device” ([0002]) “comprising: a substrate” ([0074]; Fig. 5, substrate 110) “including a first light emitting area” ([0048]; Fig. 5, first sub-pixel PXS_1), “a second light emitting area” ([0048]; Fig. 5, second sub-pixel PXS_2), “and a third light emitting area” ([0059]; Fig. 5, third sub-pixel PXS_3), “wherein the first to third light emitting areas emit light of different colors, respectively” ([0048]: “In an embodiment, for example, each one of the pixels PX may include a first sub-pixel PXS_1 at which red light is emitted from the display device 1 (e.g., red light emission), a second sub-pixel PXS_2 at which green light is emitted from the display device 1 (e.g., green light emission), and a third sub-pixel PXS_3 at which blue light is emitted from the display device 1 (e.g., blue light emission).”); “a light emitting element layer disposed on the substrate” ([0079]; Fig. 5, light emitting layer EML) “and overlapping the first, second, and third light emitting areas” (Fig. 5; note that the light emitting layer EML overlaps the first through third sub-pixels PXS_1-3); “a first light control pattern disposed on the light emitting element layer and overlapping the first light emitting area” ([0150]; Fig. 5, first wavelength conversion pattern WCL1; note that the first wavelength conversion pattern WCL1 overlaps the first sub-pixel PXS_1), “wherein the first light control pattern includes a first base resin” ([0151]; Fig. 5, first base resin BRS1) “and first quantum dots dispersed in the first base resin” ([0154]: “The first wavelength conversion material WCP1… may be quantum dots”; Fig. 5, first wavelength conversion material WCP1); “a second light control pattern disposed on the light emitting element layer and overlapping the second light emitting area” ([0150]; Fig. 5, second wavelength conversion pattern WCL2; note that the second wavelength conversion pattern WCL2 overlaps the second sub-pixel PXS_2); “a third light control pattern disposed on the light emitting element layer and overlapping the third light emitting area” ([0151]; Fig. 5, light transmitting layer TPL; note that the light transmitting layer TPL overlaps the third sub-pixel PXS_3); “and a bank layer” ([0143]; Fig. 5, bank layer MBM) “including a first part inclined at a first angle toward the third light control pattern with respect to a plane parallel to an upper surface of the substrate” (Fig. 5, first portion of bank layer angled toward the third sub-pixel; note that it is at an angle with respect to a plane parallel to the substrate 110) “and located between the first light control pattern and the third light control pattern” (Fig. 5, note that the first portion of the bank layer angled toward the third sub-pixel is between the first wavelength conversion pattern WCL1 and the light transmitting layer TPL), “wherein the bank layer surrounds the first, second, and third light control patterns in a plan view” (Fig. 15, note that the light blocking region BA completely surrounds the first through third emission regions EMA1-3; also see [0144]: “The planar area where the bank layer MBM is disposed corresponds to the light blocking region BA.”).
Regarding claim 2, J. K. Kim further teaches “The display device of claim 1, wherein the bank layer further includes: a second part located the second light control pattern and the third light control pattern” (Fig. 5, second portion of bank layer angled toward the third sub-pixel; note that, per the discussion of rejections under 35 U.S.C. 112(b), it is assumed that the second part must be between the second and third light control patterns), “and inclined at a second angle toward the third light control pattern with respect to the plane parallel to the upper surface of the substrate” (Fig. 5, second portion of bank layer angled toward the third sub-pixel; note that it is at an angle with respect to a plane parallel to the substrate 110).
Regarding claim 4, J. K. Kim further teaches “The display device of claim 1, wherein a part of the bank layer located between the first light control pattern and the second light control pattern” (Fig. 5, alternate reproduction, part of the bank layer of uniform width) “is perpendicular to the upper surface of the substrate” (Fig. 5, alternate reproduction, note that the part of the bank layer with uniform width may be arranged to be perpendicular to the upper surface of the substrate 110).
Regarding claim 6, J. K. Kim further teaches “The display device of claim 1, wherein a cross-section of the third light control pattern has a tapered shape” (Fig. 5; note the tapered shape of the third light control pattern TPL).
Regarding claim 7, J. K. Kim further teaches “The display device of claim 1, wherein a width of a lower part of a part of the bank layer located between the first, second, and third light control patterns” (Fig. 5, alternate reproduction, bottom surface of the part of the bank layer of uniform width) “is the same as a width of an upper part of the part of the bank layer located between the first, second, and third light control patterns” (Fig. 5, alternate reproduction, top surface of the part of the bank layer of uniform width).
Regarding claim 8, J. K. Kim further teaches “The display device of claim 1, wherein the first light emitting area is a red light emitting area which emits red light” ([0048]: “In an embodiment, for example, each one of the pixels PX may include a first sub-pixel PXS_1 at which red light is emitted from the display device 1 (e.g., red light emission)…”; Fig. 5, first sub-pixel PXS_1), “the second light emitting area is a green light emitting area which emits green light” ([0048]: “In an embodiment, for example, each one of the pixels PX may include… a second sub-pixel PXS_2 at which green light is emitted from the display device 1 (e.g., green light emission)…”; Fig. 5, second sub-pixel PXS_2), “and the third light emitting area is a blue light emitting area which emits blue light” ([0048]: “In an embodiment, for example, each one of the pixels PX may include… a third sub-pixel PXS_3 at which blue light is emitted from the display device 1 (e.g., blue light emission).”; Fig. 5, third sub-pixel PXS_3).
Regarding claim 9, J. K. Kim further teaches “The display device of claim 1, wherein the second light control pattern includes a second base resin” ([0151]; Fig. 5, second base resin BRS2) “and second quantum dots dispersed in the second base resin” ([0151]; Fig. 5, second wavelength conversion material WCP2; also see [0154]: “The… second wavelength conversion material WCP2 may be quantum dots…”).
Regarding claim 10, J. K. Kim further teaches “The display device of claim 1, wherein the third light control pattern includes a base resin” ([0151]; Fig. 5, third base resin BRS3) “including a transparent organic material with light transparency” ([0152]) “and scattering particles dispersed in the base resin” ([0151]; Fig. 5, light scattering material SCP).
Regarding claim 19, J. K. Kim teaches all of the limitations of the claim in Figs. 5 and 15: “A method of manufacturing a display device, the method comprising: forming a light emitting element layer” ([0079]; Fig. 5, light emitting layer EML) “on a substrate” ([0074]; Fig. 5, substrate 110) “to overlap a first light emitting area” ([0048]; Fig. 5, first sub-pixel PXS_1), “a second light emitting area” ([0048]; Fig. 5, second sub-pixel PXS_2), “and a third light emitting area of the substrate” ([0048]; Fig. 5, third sub-pixel PXS_3), “wherein the first to third light emitting areas emit light of different colors, respectively” ([0048]); “forming a third light control pattern on the light emitting element layer to overlap the third light emitting area” ([0151]; Fig. 5, light transmitting layer TPL; note that the light transmitting layer TPL overlaps the third sub-pixel PXS_3); “forming a bank layer on the light emitting element layer” ([0143]; Fig. 5, bank layer MBM), “wherein the bank layer includes a part contacting a side surface of the third light control pattern and inclined at predetermined angle toward the third light control pattern with respect to a plane parallel to an upper surface of the substrate” (Fig. 5; second portion of bank layer inclined toward third pixel; note that it is at an angle with respect to a plane parallel to the substrate 110); “forming a first light control pattern on the light emitting element layer to overlap the first light emitting area” ([0151]; Fig. 5, first wavelength conversion pattern WCL1; note that the first wavelength conversion pattern WCL1 overlaps the first sub-pixel PXS_1), “wherein the first light control pattern includes a first base resin” ([0151]; Fig. 5, first base resin BRS1) “and first quantum dots dispersed in the first base resin” ([0151]; Fig. 5, first wavelength conversion material WCP1; also see [0154]); “and forming a second light control pattern on the light emitting element layer to overlap the second light emitting area” ([0151]; Fig. 5, second wavelength conversion pattern WCL2; note that the second wavelength conversion pattern WCL2 overlaps the second sub-pixel PXS_2).
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Fig. 4 of K. J. Kim, reproduced with annotations added by the examiner.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over J. K. Kim in view of K. J. Kim et. al., Pub. No. US 2024/0244876, hereafter referred to as K. J. Kim.
Regarding claim 3, J. K. Kim teaches “The display device of claim 2”, but does not teach “wherein each of the first and second angles is greater than or equal to about 60 degrees and less than about 90 degrees.”
K. J. Kim, on the other hand, teaches a bank layer with a taper angle between 30 degrees and 65 degrees, which overlaps the claimed range (K. J. Kim [0180]: “For example, the side portion of the bank 116 may have a taper angle of 30° to 65°, but is not limited thereto. The side portion of the bank 116 may correspond to the side portion of the third planarization layer 115c.”; Fig. 4, portion of bank layer 116 next to the third planarization layer 115c).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to make the angles between the portions of the bank layer between the first and third light control layer and between the second and third light control layer lie between 60 and 90 degrees because doing so would help maximize the amount of light reaching the viewer’s eyes and current case law holds that the fact that K. J. Kim teaches a range of angles that overlaps the claimed range establishes a prima facie case of obviousness (see MPEP 2144.05 I: “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)”).
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Fig. 13 of Yeo, reproduced with annotations added by the examiner.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over J. K. Kim in view of Yeo et. al., Pub. No. US 2022/0199948, hereafter referred to as Yeo.
Regarding claim 5, J. K. Kim teaches “The display device of claim 2, wherein a first opening, in which the first light control pattern is disposed” (J. K. Kim [0146]; Fig. 5, note that the first wavelength conversion pattern WCP1 is contained in the first opening OP1), “a second opening, in which the second light control pattern is disposed” (J. K. Kim [0146]; Fig. 5, note that the second wavelength conversion pattern WCP2 is contained in the second opening OP2), “and a third opening, in which the third light control pattern is disposed” (J. K. Kim [0146]; Fig. 5, note that the light transmitting layer TPL is contained in the third opening OP3), “are defined in the bank layer” ([0146]: “The bank layer MBM may define the opening in plural including openings OP1, OP2 and OP3 (e.g., first opening, second opening and third opening)”), “and an area of a third bottom surface of the third opening is larger than an area of a third top surface of the third opening in the plan view” (Fig. 5; note that the bottom surface of the light transmitting layer TPL has a larger area than its top surface), but does not teach “an area of a first bottom surface of the first opening is smaller than an area of a first top surface of the first opening in the plan view” and “an area of a second bottom surface of the second opening is smaller than an area of a second top surface of the second opening in the plan view”.
Yeo, on the other hand, teaches an embodiment of their invention (Yeo Fig. 13) in which the bottom surfaces of the wavelength conversion layers are smaller in area than their top surfaces (Yeo [0130]; Fig. 13, wavelength conversion layers WCL1-3; note that the areas of the bottom surfaces of the wavelength conversion layers WCL1-3 are smaller than their respective top surfaces).
The shapes of the wavelength conversion layers of Yeo may be incorporated into the device of J. K. Kim by making the first and second wavelength conversion patterns such that the areas of the first and second sub-pixels, which are, respectively, red and green (J. K. Kim [0048]), have bottom surfaces with smaller areas than their respective top surfaces. The combined device teaches “an area of a first bottom surface of the first opening is smaller than an area of a first top surface of the first opening in the plan view” (J. K. Kim [0048]; Fig. 5, first wavelength conversion pattern WCP1; Yeo [0130]; Fig. 13, first wavelength conversion layer WCL1) and “an area of a second bottom surface of the second opening is smaller than an area of a second top surface of the second opening in the plan view” (J. K. Kim [0048]; Fig. 5, second wavelength conversion pattern WCP2; Yeo [0130]; Fig. 13, second wavelength conversion layer WCL2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to make the red and green sub-pixels of J. K. Kim have wavelength conversion patterns that become wider from the bottom surface to the top surface as taught by Yeo and vice versa for the blue sub-pixels because doing so would help reduce the amount of blue light emitted by the device compared to the amount of red and green light, helping to reduce the risk of eye strain for the viewer, and it would be a simple substitution of one element for another.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over J. K. Kim in view of Son et. al., Pub. No. US 2020/0212128, hereafter referred to as Son.
Regarding claim 11, J. K. Kim teaches “The display device of claim 1”, but does not teach “wherein the first light emitting area, the second light emitting area, and the third light emitting area are repeatedly arranged in each row line in an order of the first light emitting area, the second light emitting area, and the third light emitting area.”
Son, on the other hand, does teach “wherein the first light emitting area, the second light emitting area, and the third light emitting area are repeatedly arranged in each row line in an order of the first light emitting area, the second light emitting area, and the third light emitting area” (Son Fig. 3; note that the sub-pixels R, G, and B are arranged in linear rows).
The arrangement of the sub-pixels taught by Son can be incorporated into the device of J. K. Kim by arranging the sub-pixels in linear rows.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to arrange the sub-pixels of the device of Kim in linear rows as taught by Son because the full pixels would work just as well with a linear arrangement of the sub-pixels and it would be a simple combination of elements of the two disclosures.
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Fig. 1 of Fujino, reproduced with annotations added by the examiner.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over J. K. Kim in view of Fujino et. al., Pub. No. US 2025/0151566, hereafter referred to as Fujino.
Regarding claim 20, J. K. Kim teaches “The method of claim 19, wherein each of the forming the first light control pattern and the forming the second light control pattern includes using an inkjet process” (J. K. Kim [0177]: “Specifically, the first wavelength conversion pattern WCL1 may be provided or formed such as by injecting, to the first light transmission region TA1, a first ink (not shown) including a material included in the first wavelength conversion pattern WCL1. The second wavelength conversion pattern WCL2 may be provided or formed such as by injecting, to the second light transmission region TA2, a second ink (not shown) including a material included in the second wavelength conversion pattern WCL2.”; Fig. 5, first and second wavelength conversion patterns WCL1 and WCL2), but does not teach “and the forming the third light control pattern includes using a photolithography process.”
Fujino, on the other hand, teaches that the light control patterns of their device (Fujino [0137]; Fig. 1, light controllers 41-43) can be formed either by inkjet printing or by photolithography (Fujino [0137]: “Each of the first light controller 41, the second light controller 42, and the third light controller 43 is formed by the photolithography technology or an ink-jet technology.”).
The teaching of two different process by which the light control patterns may be formed found in Fujino can be incorporated into the process of J. K. Kim by making the first two light control patterns through an inkjet process and the third light control pattern through photolithography.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have formed the first two light control patterns in the process of J. K. Kim using an inkjet process and the third light control pattern using photolithography as taught by Fujino for the following reason. Photolithography is capable of forming smaller features than inkjet printing, and thus the use of photolithography to form light control patterns would be preferable to allow the formation of a higher-resolution display. However, the first two light control patterns contain quantum dots, which may make the material that they are formed from toxic. Photolithography requires the removal of some of the deposited material, which would lead to the creation of toxic waste if used to form the first two light control patterns. An inkjet process, on the other hand, does not require the removal of any of the material, and thus would be safer for the formation of the first and second light control patterns. The third light control pattern, on the other hand, does not contain quantum dots, so photolithography can safely be used to form it. Furthermore, it would be a simple combination of elements of the two disclosures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert E Throckmorton whose telephone number is (571) 272-7014. The examiner can normally be reached 7:30 AM - 11:30 AM and 12:30 PM - 4:30 PM ET Monday to Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven H Loke can be reached at (571) 272-1657. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.E.T./Examiner, Art Unit 2818
/STEVEN H LOKE/Supervisory Patent Examiner, Art Unit 2818
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