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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 05/20/224 and 01/27/2025, is/are in compliance with the provisions 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1, 3 - 7 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Zhang et al. (US 20210202616).
As to claim 1, Zhang teaches a display device comprising:
a first substrate (Fig. 3, [0028] “In another embodiment, the supporting substrate 102 is a transparent substrate, for example, a glass substrate.”); and a second substrate (Fig. 3, [0036] “… form stratum 151R for the inorganic red micro LEDs.”), wherein the first substrate is a passive drive substrate ([0021] “Other pixel driver designs will be apparent, for example as described in U.S. patent application Ser. No. 12/214,395, “Monolithic Active or Passive Matrix LED Array Display Panels and Display Systems Having the Same,” which is incorporated herein by reference.”),
the first substrate (102) including a plurality of first light emitters (Fig. 3, [0035] “blue micro LEDs 141B”) arranged two dimensionally (implicit in a matrix LED array), and
the first light emitters (141B + 142G + 141R pixel side A) being arranged at respective intersections of a plurality of data lines (Fig. 1, [0021] “data signal bus line 170”), and a plurality of scan lines (Fig. 1, [0021] “scan signal bus line 150”), wherein
the second substrate (151R, Fig 3/154 Fig. 2A) is a passive drive light transmissive substrate ([0021] “Monolithic Active or Passive Matrix LED Array Display Panels and Display Systems Having the Same,” which is incorporated herein by reference.”),
the second substrate (151R, Fig 3/154 Fig. 2A) including a plurality of second light emitters (Fig. 3 [0023] “mixture of inorganic micro LEDs 141R”) arranged two dimensionally (implicit in a matrix LED array), and
the second light emitters (141B + 142G + 141R pixel side B)) being arranged at respective intersections of the plurality of data lines (170) and the plurality of scan lines (150), and wherein
the second substrate (151R, Fig 3/154 Fig. 2A) is stacked over the first substrate (102), such that
the second light emitters (141B + 142G + 141R pixel side B) are provided at respective positions not overlapping (Fig. 3 light emitters do not overlap) with the first light emitters (141B + 142G + 141R pixel side A).
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As to claim 3, Zhang teaches the display device according to claim 1, as discussed above and further comprising:
a transparent protective material ([0027] “material 153 is silicon dioxide, which is both non-conductive and transparent”) between the first substrate (102) and the second substrate (151R), wherein
light emitted from the first light emitters (141B + 142G + 141R pixel side A) is emitted from a surface of the second substrate (151R) through the transparent protective material (153).
As to claim 4, Zhang teaches the display device according to claim 3 as discussed above, and further, wherein
a refractive index of the second substrate (151R) is greater than a refractive index of the transparent protective material (153), and
light emitted from the first light emitter (141B + 142G + 141R pixel side A) is refracted toward a normal due to a difference in a refractive index between the transparent protective material (153) and the second substrate (151R).
Regarding claim 4, [0027] “The fill 153,154 for each stratum does not have to be a single homogenous material. Combinations of materials or structures can also be used.” Transparent material is explicitly taught as silicon nitride or silicon oxide. The Examiner has assumed silicon nitride is used for one material and the silicon oxide for the other material. Fill material (153) is the protective layer/154 is the 2nd substrate as shown in Fig. 2A. Since materials of Zhang are the same material as the Application, the refractive indexes are the same.
As to claim 5, the display device according to claim 1, as discussed above and further wherein
recesses (Fig. 3, recesses formed within layer 153 to accommodate 1st light emitters) are formed on a back surface of the second substrate (Fig. 3, 151R) at respective positions corresponding to the plurality of first light emitters (141B + 142G + 141R pixel side A), and
the first light emitters (141B + 142G + 141R pixel side A) are accommodated in the recesses ([0035] fabrication structure of Figs. 2 and 3), respectively.
As to claim 6, Zhang discloses the display device according to claim 1, as discussed above and further wherein
the second substrate (151R) is a transparent film substrate ([0027] “Regardless of the detailed structure, preferably each stratum is transparent in regions that are laterally located above micro LEDs of lower strata, so that light produced by the micro LEDs of the lower strata are able to propagate through such regions.”), and
the transparent film substrate is deformed to conform to respective surface shapes of the first light emitters (141B + 142G + 141R pixel side A).
Regarding claim 6, Zhang teaches (151R) as transparent. This transparent film goes around the bottom surface conforming to the shape of light emitters. Therefore, layer (151R) is deformed to conform to the surface shapes of the 1st light emitters.
As to claim 7, Zhang teaches the display device according to claim 1 as discussed above and further discloses:
the first and second light emitters each correspond to a pixel (Annotated pixel on side A/pixel on side B),
the first and second light emitters each include elements that emit R, G, and B light ([0008] “inorganic micro LEDs for blue pixels and organic micro LEDs for red and green pixels”), and
the elements that emit R, G, and B light correspond to subpixels (Annotated Fig. 3, subpixels are 141B for blue light, 142G for green light, and 141R for red light on either side A or side B).
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20210202616).
As to claim 2, Zhang teaches the display device according to claim 1, as discussed above and further wherein
the first light emitters (141B + 142G + 141R pixel side A) are arranged at a constant pitch in an X direction and a Y direction, and
the second light emitters (141B + 142G + 141R pixel side B) are arranged to be shifted by (obvious) 1/2 a value of the constant pitch in the X direction and the Y direction with respect to the first light emitters.
Regarding claim 2, there is a space/constant pitch between the 1st light emitters, as shown in Fig. 3 in an X direction and a Y direction. The 2nd light emitters, also shown in Fig. 3, are arranged to be shifted by 1/2 a value of the constant pitch in the X direction and the Y direction with respect to the first light emitters. Since there is a space between the 1st set of light emitters and the 2nd set of light emitters, the space of the gap reasonably suggests that the gap is on the same order as the pixel length. Changes in dimension are not typically a source of patentable distinction absent unexpected results. MPEP 2144.04(IV). The specification contains no disclosure of either the critical nature of the claimed dimension or any unexpected results arising therefrom. Where patentability is said to be based upon a variable recited in a claim, the Applicant must show that the variable is critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN SHAW MUSLIM whose telephone number is (571)270-0071. The examiner can normally be reached Mon-Fri 7 am - 4 pm.
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/SHAWN SHAW MUSLIM/Examiner, Art Unit 2897
/FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897
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