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 .
DETAILED ACTION
Currently, claims 1-20 are pending and examined below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: DISPLAY DEVICE HAVING LIGHT EMITTING ELEMENT INCLUDING CONTACT ELECTRODE CONTACTING ORGANIC PATTERN LAYER
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 9-11 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 pre-AIA the applicant regards as the invention.
Section 2173.02.I. of the MPEP provides the following guidance on how pre-issuance claims under examination are construed differently than patented claims:
Patented claims are not given the broadest reasonable interpretation during court proceedings involving infringement and validity, and can be interpreted based on a fully developed prosecution record. While "absolute precision is unattainable" in patented claims, the definiteness requirement "mandates clarity." Nautilus, Inc. v. Biosig Instruments, Inc., 527 U.S. __, 134 S. Ct. 2120, 2129, 110 USPQ2d 1688, 1693 (2014). A court will not find a patented claim indefinite unless the claim interpreted in light of the specification and the prosecution history fails to "inform those skilled in the art about the scope of the invention with reasonable certainty." Id. at 1689.
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The Office does not interpret claims when examining patent applications in the same manner as the courts. In re Packard, 751 F.3d 1307, 1312, 110 USPQ2d 1785, 1788 (Fed. Cir. 2014); In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1028 (Fed. Cir. 1997); In re Zletz, 893 F.2d 319, 321-22 (Fed. Cir. 1989). The Office construes claims by giving them their broadest reasonable interpretation during prosecution in an effort to establish a clear record of what the applicant intends to claim. Such claim construction during prosecution may effectively result in a lower threshold for ambiguity than a court's determination. Packard, 751 F.3d at 1323-24, 110 USPQ2d at 1796-97 (Plager, J., concurring). However, applicant has the ability to amend the claims during prosecution to ensure that the meaning of the language is clear and definite prior to issuance or provide a persuasive explanation (with evidence as necessary) that a person of ordinary skill in the art would not consider the claim language unclear. In re Buszard, 504 F.3d 1364, 1366 (Fed. Cir. 2007)( claims are given their broadest reasonable interpretation during prosecution "to facilitate sharpening and clarifying the claims at the application stage"); see also In re Yamamoto, 740 F.2d 1569, 1571 (Fed. Cir. 1984); In re Zletz, 893 F.2d 319, 322, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989).
Claim 9 is indefinite, because it is unclear what is meant by “through the first opening the first insulating layer.”
Claims 10 and 11 are indefinite, because they depend from the indefinite claim 9.
Claim Rejections - 35 USC § 1021
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.
Claims 1-5, 8 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pub. No. US 2022/0052031 A1 to Zhang et al. ("Zhang").
Figs. 1B, 6 and 7 of Zhang are provided to support the rejection below:
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Regarding independent claim 1, Zhang teaches a display device comprising:
an electrode REL2 (para [0127] discloses a second electrode REL2.) disposed on a substrate SUB;
an organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL (para [0256] - “The support layer STL and the planarization layer PLL may include the same material. For example, the support layer STL and the planarization layer PLL each may be formed of an organic insulating layer including organic material.”; para [0210] - “The first insulating material layer INSM1 may be formed of…an organic insulating layer including organic material.”) disposed on the substrate SUB and spaced apart from the electrode REL2;
a light emitting element LD1 (see Fig. 1B) disposed on the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, the light emitting element LD1 including a contact electrode 15 (para [0050] - “…the light emitting element LD may further include one electrode layer 15 disposed on the second conductive semiconductor layer 13, as illustrated in FIG. 1A, in addition to including the first conductive semiconductor layer 11, the active layer 12, and the second conductive semiconductor layer 13. Furthermore, in an embodiment, as shown in FIG. 1B, the light emitting element LD may further include another electrode layer 16 disposed on one end of the first conductive semiconductor layer 11, in addition to including the electrode layer 15.”) contacting the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, a first semiconductor layer 14, an active layer 12, and a second semiconductor layer 11 sequentially disposed on the contact electrode 15; and
a connection electrode CNE2 (para [0127] - “first contact electrode CNE1”) electrically connecting the electrode REL2 to the contact electrode 15,
wherein the connection electrode CNE2 is disposed along an upper surface of the electrode REL2, a side surface of the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, and a side surface of the contact electrode 15.
Or,
Zhang teaches a display device comprising:
an electrode REL2 (para [0127] discloses a second electrode REL2.) disposed on a substrate SUB;
an organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL (para [0256] - “The support layer STL and the planarization layer PLL may include the same material. For example, the support layer STL and the planarization layer PLL each may be formed of an organic insulating layer including organic material.”; para [0210] - “The first insulating material layer INSM1 may be formed of…an organic insulating layer including organic material.”) disposed on the substrate SUB and spaced apart from the electrode REL2;
a light emitting element LD1, CNE1_1, CNE2 (see Fig. 1B) disposed on the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, the light emitting element LD1, CNE1_1, CNE2 including a contact electrode CNE1_1 or CNE2 contacting the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, a first semiconductor layer 14, an active layer 12, and a second semiconductor layer 11 sequentially disposed on the contact electrode CNE2; and
a connection electrode CPL electrically connecting the electrode REL2 to the contact electrode CNE2,
wherein the connection electrode CPL is disposed along an upper surface of the electrode REL2, a side surface of the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, and a side surface of the contact electrode CNE2.
Regarding claim 2, Zhang teaches the display device that includes a light emitting area and a non-emitting area, and
the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL overlaps the emitting area and does not overlap the non-emitting area.
Regarding claim 3, Zhang teaches the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL that has a substantially island pattern shape.
Regarding claim 4, Zhang teaches the contact electrode CNE2 comprises:
a first portion disposed on the first semiconductor layer 15 and contacting the first semiconductor layer 15,
a second portion extending from the first portion and surrounding at least a portion of a side surface of the light emitting element LD1, CNE1_1, CNE2.
Regarding claim 5, Zhang teaches the connection electrode CPL that surrounds at least a portion of a side surface of the light emitting element LD1, CNE1_1, CNE2 on the contact electrode CNE2.
Regarding claim 8, Zhang teaches the electrode REL2 that overlaps the non-emitting area and does not overlap the emitting area.
Regarding independent claim 13, Zhang teaches a display device comprising:
an electrode REL2 (para [0127] discloses a second electrode REL2.) disposed on a substrate SUB;
an organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL (para [0256] - “The support layer STL and the planarization layer PLL may include the same material. For example, the support layer STL and the planarization layer PLL each may be formed of an organic insulating layer including organic material.”; para [0210] - “The first insulating material layer INSM1 may be formed of…an organic insulating layer including organic material.”) disposed on the substrate SUB and spaced apart from the electrode REL2;
a light emitting element LD1 (see Fig. 1B) disposed on the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, the light emitting element LD1 including a contact electrode 15 (para [0050] - “…the light emitting element LD may further include one electrode layer 15 disposed on the second conductive semiconductor layer 13, as illustrated in FIG. 1A, in addition to including the first conductive semiconductor layer 11, the active layer 12, and the second conductive semiconductor layer 13. Furthermore, in an embodiment, as shown in FIG. 1B, the light emitting element LD may further include another electrode layer 16 disposed on one end of the first conductive semiconductor layer 11, in addition to including the electrode layer 15.”) contacting the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, a first semiconductor layer 14, an active layer 12, and a second semiconductor layer 11 sequentially disposed on the contact electrode 15; and
a connection electrode CNE2 (para [0127] - “first contact electrode CNE1”) electrically connecting the electrode REL2 to the contact electrode 15,
a portion of an upper surface of the electrode REL2 does not overlap the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL;
the connection electrode CNE2 is disposed on a portion of an upper surface of the electrode REL2 that does not overlap the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, ST, a side surface of the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, and a side surface of the contact electrode REL2.
Or,
Zhang teaches a display device comprising:
an electrode REL2 (para [0127] discloses a second electrode REL2.) disposed on a substrate SUB;
an organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL (para [0256] - “The support layer STL and the planarization layer PLL may include the same material. For example, the support layer STL and the planarization layer PLL each may be formed of an organic insulating layer including organic material.”; para [0210] - “The first insulating material layer INSM1 may be formed of…an organic insulating layer including organic material.”) disposed on the substrate SUB and spaced apart from the electrode REL2;
a light emitting element LD1, CNE1_1, CNE2 (see Fig. 1B) disposed on the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, the light emitting element LD1, CNE1_1, CNE2 including a contact electrode CNE1_1 or CNE2 contacting the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, a first semiconductor layer 14, an active layer 12, and a second semiconductor layer 11 sequentially disposed on the contact electrode CNE2; and
a connection electrode CPL electrically connecting the electrode REL2 to the contact electrode CNE2,
a portion of an upper surface of the electrode REL2 does not overlap the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL;
the connection electrode CPL is disposed on a portion of an upper surface of the electrode REL2 that does not overlap the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, ST, a side surface of the organic pattern layer INS1 or PLL, INS1 or PLL, INS1, STL, and a side surface of the contact electrode CNE1_1 or CNE2.
Regarding claim 14, Zhang teaches the contact electrode CNE2 comprises:
a first portion disposed on the first semiconductor layer 15 and contacting the first semiconductor layer 15,
a second portion extending from the first portion and surrounding at least a portion of a side surface of the light emitting element LD1, CNE1_1, CNE2.
Regarding claim 15, Zhang teaches the connection electrode CPL that surrounds at least a portion of a side surface of the light emitting element LD1, CNE1_1, CNE2 on the contact electrode CNE2.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claim 6 is objected to for depending on a rejected base claim 1 and the intervening claims 2 and 4, but would be allowable if it is rewritten in independent form to include all of the limitations of the base claim 1 and the intervening claims 2 and 4 or the base claim 1 is amended to include all of the limitations of claim 6 and the intervening claims 2 and 4.
Claims 7 and 12 are allowable for depending on the allowable claim 6.
Claim 9 is objected to for depending on a rejected base claim 1 and the intervening claims 2 and 4, but would be allowable if it is rewritten in independent form to include all of the limitations of the base claim 1 and the intervening claims 2 and 4 or the base claim 1 is amended to include all of the limitations of claim 9 and the intervening claims 2 and 4.
Claims 10 and 11 are allowable for depending on the allowable claim 9.
Claim 16 is objected to for depending on a rejected base claim 13 and the intervening claim 14, but would be allowable if it is rewritten in independent form to include all of the limitations of the base claim 13 and the intervening claim 14 or the base claim 13 is amended to include all of the limitations of claim 16 and the intervening claims 14.
Claims 17 and 20 are allowable for depending on the allowable claim 16.
Claim 18 is objected to for depending on a rejected base claim 13 and the intervening claims 14 and 15, but would be allowable if it is rewritten in independent form to include all of the limitations of the base claim 13 and the intervening claims 14 and 15 or the base claim 13 is amended to include all of the limitations of claim 18 and the intervening claims 14 and 15.
Claim 19 is allowable for depending on the allowable claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pub. No. US 2024/0421258 A1 to Chang et al.
Pub. No. US 2024/0332453 A1 to Lee et al.
Pub. No. US 2017/0263178 A1 to Bae et al.
Pub. No. US 2014/0367705 A1 to Bibl et al.
Patent No. US 8,791,474 B1 to Bibl et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL JUNG whose telephone number is (408) 918-7554. The examiner can normally be reached on 8:30 A.M. to 7 P.M.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eliseo Ramos-Feliciano can be reached on (571) 272-7925. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL JUNG/Primary Examiner, Art Unit 2817 05 July 2026
1 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 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
Prosecution Insights