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 .
Election/Restrictions
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/17/2026.
Claim Objections
Claim 14 is objected to because of the following informalities: - “rmaining” in line 10 should be corrected to “remaining” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 10, 12, 14, 16-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herner (U.S. Patent No. 11,004,895 B1)
Regarding claim 10, Herner discloses a manufacturing method for a wavelength conversion matrix, comprising: disposing a wavelength conversion layer [80a] on a surface of a substrate; disposing a mask on a surface of the wavelength conversion layer; and removing a remaining part of the wavelength conversion layer except a part of the wavelength conversion layer protected by the mask through dry etching to form a wavelength conversion matrix (See Figure 10A-10E and Column 21, line 48 - Column 22, line 5; corrosive gases).
Regarding claim 12, Herner discloses wherein the wavelength conversion layer comprises a first wavelength conversion layer, and the disposing a wavelength conversion layer on a surface of a substrate comprises: disposing the first wavelength conversion layer on the surface of the substrate, wherein the disposing a mask on a surface of the wavelength conversion layer comprises: disposing a first mask in a first area of a surface of the first wavelength conversion layer, wherein the removing a remaining part of the wavelength conversion layer except a part of the wavelength conversion layer protected by the mask through dry etching to form a wavelength conversion matrix comprises: removing a remaining part of the first wavelength conversion layer except a part of the first wavelength conversion layer protected by the first mask through dry etching to form the wavelength conversion matrix, wherein the first wavelength conversion layer is configured to superimpose a first self-luminous pixel of a display to emit light with a first light wavelength (see Figures 10A-10E and Column 21, line 48 - Column 22, line 5).
Regarding claim 14, Herner discloses wherein the wavelength conversion layer further comprises a second wavelength conversion layer, and the disposing a wavelength conversion layer on a surface of a substrate further comprises: disposing the second wavelength conversion layer on the surface of the substrate after removing the remaining part of the first wavelength conversion layer except the part of the first wavelength conversion layer protected by the first mask through dry etching, wherein the disposing a mask on a surface of the wavelength conversion layer further comprises: disposing a second mask on a second area of a surface of the second wavelength conversion layer, wherein the removing a remaining part of the wavelength conversion layer except a part of the wavelength conversion layer protected by the mask through dry etching to form a wavelength conversion matrix further comprises: removing a remaining part of the second wavelength conversion layer except a part of the second wavelength conversion layer protected by the second mask through dry etching to form the wavelength conversion matrix, wherein the second wavelength conversion layer is configured to superimpose a second self-luminous pixel of the display to emit light with a second light wavelength, and the manufacturing method further comprises: removing the mask after forming the wavelength conversion matrix (see Figures 10A-10E and Column 21, line 48 - Column 22, line 31).
Regarding claim 16, Herner discloses wherein a plurality of self-luminous pixels [22] are distributed on the surface of the substrate, and the mask is disposed corresponding to at least part of the plurality of self-luminous pixels (See Figure 10A-10E and Column 21, line 48 - Column 22, line 5; corrosive gases).
Regarding claim 17, Herner discloses wherein the disposing a wavelength conversion layer on a surface of a substrate comprises: disposing an etching barrier layer [90] on the surface of the substrate; and disposing the wavelength conversion layer on a surface of the etching barrier layer.
Regarding claim 19, Herner discloses wherein the plurality of self-luminous pixels comprise a first self-luminous pixel [22], and the wavelength conversion layer comprises a first wavelength conversion layer [80a], wherein the disposing a wavelength conversion layer on a surface of a substrate comprises: disposing the first wavelength conversion layer on the surface of the substrate, wherein the disposing a mask on a surface of the wavelength conversion layer comprises: disposing a first mask in a first area of a surface of the first wavelength conversion layer, wherein the first area is disposed corresponding to the first self-luminous pixel, wherein the removing a remaining part of the wavelength conversion layer except a part of the wavelength conversion layer protected by the mask through dry etching to form a wavelength conversion matrix comprises: removing a remaining part of the first wavelength conversion layer except a part of the first wavelength conversion layer protected by the first mask through dry etching to form the wavelength conversion matrix, wherein the first self-luminous pixel is configured to superimpose the first wavelength conversion layer to emit light with a first light wavelength (See Figure 10A-10E and Column 21, line 48 - Column 22, line 5; corrosive gases).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herner in view of Nishiyama (U.S. Publication No. 2021/0305219 A1).
Regarding claim 11, Herner discloses disposing a passivation layer [600] on the surface of the substrate to make the passivation layer fill a gap of the wavelength conversion matrix (See Figure 10F; Column 22, lines 28-31; Herner does acknowledge the option of a passivation layer within the gaps of the wavelength conversion matrix), but fails to disclose the passivation layer makes a surface of the passivation layer be flush with or lower than the surface of the wavelength conversion layer. In the same field of endeavor, Nishiyama teaches a passivation layer [80] that fills the gaps between the wavelength conversion matrix (see Figure 5A) and the passivation layer makes a surface of the passivation layer be flush with or lower than the surface of the wavelength conversion layer (see Figure 16A). Producing a flush passivation layer as taught by Nishiyama allows for protection of the wavelength conversion layer by the light transmitting layer while adapting the layer to different colors and decreased variations of the intervals between light emitting elements. (see Nishiyama ¶[0087]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention that the combination of references would arrive at the claimed invention.
Regarding claim 18, Herner discloses forming a passivation layer [600] on the surface of the substrate, wherein a gap of the wavelength conversion matrix is filled with the passivation layer (See Figure 10F; Column 22, lines 28-31; Herner does acknowledge the option of a passivation layer within the gaps of the wavelength conversion matrix), but fails to disclose a surface of the passivation layer is flush with or lower than the surface of the wavelength conversion layer.
In the same field of endeavor, Nishiyama teaches a passivation layer [80] that fills the gaps between the wavelength conversion matrix (see Figure 5A) and the passivation layer makes a surface of the passivation layer be flush with or lower than the surface of the wavelength conversion layer (see Figure 16A). Producing a flush passivation layer as taught by Nishiyama allows for protection of the wavelength conversion layer by the light transmitting layer while adapting the layer to different colors and decreased variations of the intervals between light emitting elements. (see Nishiyama ¶[0087]). Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention that the combination of references would arrive at the claimed invention.
Claim(s) 13, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herner in view of Kim (U.S. Publication No. 2019/0148458 A1)
Regarding claim 13, Herner fails to disclose disposing a first filter layer on the surface of the substrate before disposing the first wavelength conversion layer, wherein the first wavelength conversion layer at least covers the first filter layer, the first mask corresponds to the first filter layer, and the first filter layer allows the light with the first light wavelength to pass through
In the same field of endeavor, Kim teaches disposing a first filter layer [420] on the surface of the substrate, wherein the first wavelength conversion layer [220a] at least covers the first filter layer, the first mask corresponds to the first filter layer, and the first filter layer allows the light with the first light wavelength to pass through (see Figure 3)
Kim fails to explicitly disclose disposing a first filter layer on the surface of the substrate before disposing the first wavelength conversion layer but it has been held that selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results (see In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946)). Therefore, the application of a filter layer in conjunction with the wavelength conversion layer as taught by Kim would allow for proper color output ¶[0057]). As the order of steps does not present any new or unexpected results, it would have been obvious to one of ordinary skill in the art at the time of invention that the combination of references would arrive at the claimed invention.
Regarding claim 15, Herner fails to disclose disposing a first filter layer and a second filter layer on the surface of the substrate before disposing the first wavelength conversion layer, wherein the first wavelength conversion layer at least covers the first filter layer, the first mask corresponds to the first filter layer, the second wavelength conversion layer at least covers the second filter layer, the second mask corresponds to the second filter layer, the first filter layer allows the light with the first light wavelength to pass through, and the second filter layer allows the light with the second light wavelength to pass through. In the same field of endeavor Kim teaches disposing a first filter layer and a second filter layer on the surface of the substrate before disposing the first wavelength conversion layer, wherein the first wavelength conversion layer at least covers the first filter layer, the first mask corresponds to the first filter layer, the second wavelength conversion layer at least covers the second filter layer, the second mask corresponds to the second filter layer, the first filter layer allows the light with the first light wavelength to pass through, and the second filter layer allows the light with the second light wavelength to pass through (see Figure 3; ¶[0061] and ¶[0087]). The application of a filter layer in conjunction with the wavelength conversion layer as taught by Kim would allow for proper color output ¶[0057])
Regarding claim 20, the combination of Herner and Kim discloses disposing a first filter layer on the first wavelength conversion layer, wherein the first filter layer allows the light with the first light wavelength to pass through (See Kim Figure 3; ¶[0088]).
Conclusion
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/JONATHAN HAN/Primary Examiner, Art Unit 2818
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