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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. More specifically, the foreign priority to KR10-2023-0100700 filed August 1st, 2023, is acknowledged. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The information disclosure statements (IDS) filed on May 28th, 2024, and November 18th, 2024, are being considered by the examiner.
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
a) line 3, uses a colon (‘:’) instead of a semicolon (‘;’) after “substrate”.
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 1-23 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.
The term “about” in Claims 1-4, 6-7, 12, 14-16, and 18-19 is a relative term which renders the claims indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. More specifically, the metes and bounds of the limitations as stated in Claim 1-4, 6-7, 12, 14-16, and 18-19 are unclear to the Examiner, as “about” is not properly defined in the specification and is a relative term with different interpretations. For example, is 1050 angstroms “about” 1000 angstroms? What about 1,200 angstroms or 1,500 angstroms? For the purposes of compact prosecution, the Examiner will apply broadest reasonable interpretation when the term “about” is invoked. Appropriate correction is required.
Regarding Claims 5, 8-11, 13, 17, and 20-23, due to their dependence upon previously rejected claims, they are also rejected and appropriate correction is deemed to be required.
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:
a) Determining the scope and contents of the prior art.
b) Ascertaining the differences between the prior art and the claims at issue.
c) Resolving the level of ordinary skill in the pertinent art.
d) 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) 1-5, 7-12, 14-16, and 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et al (US 20180074326 A1; hereinafter referred to as Lee).
Regarding Claim 1, Lee discloses a display apparatus (display panel DP, [0128], Figs. 8A-8B) comprising:
a substrate (substrate SUB, [0087], Fig. 8A);
an organic light-emitting device disposed over the substrate (organic light-emitting diodes OLED, [0096], Fig. 8A):
a first inorganic encapsulation layer covering the organic light-emitting device (lower inorganic layers IOL-L1 and IOL-L2, [0130], Figs. 8A-8B; the thin film encapsulating layer TFE comprises all of the inorganic and organic encapsulation layers, and, pursuant to Fig. 8A, the TFE is covering the OLED);
an organic encapsulation layer on the first inorganic encapsulation layer (organic layer OL, [0130], Fig. 8B);
a second inorganic encapsulation layer on the organic encapsulation layer (upper inorganic layer IOL-U2, [0130], Fig. 8B); and
a third inorganic encapsulation layer on the second inorganic encapsulation layer (upper inorganic layer IOL-U1, [0130], Fig. 8B),
wherein the third inorganic encapsulation layer is thicker than the second inorganic encapsulation layer ([0135], Fig. 8B; “the thickness of . . . the second upper inorganic layer 101-U2 [second inorganic encapsulation layer] may be about 100 angstroms to about 1000 angstroms, e.g., about 500 angstroms to about 1000 angstroms. The thickness of . . . the first upper inorganic layer IOL-U1 [third inorganic encapsulation layer] may be several thousand angstroms”).
Lee fails to explicitly disclose that the second inorganic encapsulation layer has a thickness of about 400 Å to about 1800 Å.
However, Lee does disclose that the second inorganic encapsulation layer has a thickness of “about 100 angstroms to about 1000 angstroms” ([0135]). Therefore, a prima face case of obviousness exists prior to the effective filing date of the instant application in order to modify the thickness of the second inorganic encapsulation layer due to the overlapping of ranges as taught by Lee and the instant application. See MPEP 2144.05. More specifically, the claimed range of the instant application of “about 400 Å to about 1800 Å” overlaps with the claimed range of Lee in the ranges of about 400 Å and about 1000 Å.
Regarding Claim 2, Lee discloses the display apparatus of claim 1.
Lee fails to explicitly disclose wherein a sum of a thickness of the second inorganic encapsulation layer and a thickness of the third inorganic encapsulation layer is about 4000 Å to about 6000 Å.
However, Lee does disclose that the second inorganic encapsulation layer has a thickness of about 100 angstroms to about 1000 angstroms, while the third inorganic encapsulation layer is “several thousand angstroms” ([0135]). The sum of “several thousand angstroms” and “about 100 angstroms to about 1000 angstroms” can fall within the range of “about 4000 Å to about 6000 Å”. As an example, “several thousand angstroms” could be interpreted as more than 2000 Å, for which the range of about 4000 Å to about 6000 Å overlaps with.
Therefore, due to this overlapping range, a prima facie case of obviousness exists prior to the effective filing date of the instant application in order to modify the combined thicknesses of the second inorganic encapsulation layer and the third inorganic encapsulation layer.
Regarding Claim 3, Lee discloses the display apparatus of claim 1.
Lee fails to explicitly disclose wherein the second inorganic encapsulation layer has a thickness of about 800 Å to about 1500 Å.
However, Lee does disclose wherein the second inorganic encapsulation layer has a thickness of “about 100 angstroms to about 1000 angstroms” ([0135]). As stated in the rejection of Claim 1, the range of “about 800 Å to about 1500 Å” overlaps with the range of “about 100 angstroms to about 1000 angstroms” as taught by Lee and, therefore, a prima facie case of obviousness can be rendered to modify the thickness of the second inorganic encapsulation layer prior to the effective filing date of the instant application.
Regarding Claim 4, Lee discloses the display apparatus of claim 1.
Lee fails to explicitly disclose wherein the second inorganic encapsulation layer has a thickness of about 1000 Å to about 1200 Å.
However, as stated previously, Lee does disclose wherein the second inorganic encapsulation layer has a thickness of “about 100 angstroms to about 1000 angstroms” ([0135]). Therefore, the claimed range of about 1000 Å to about 1200 Å overlap in range as “about” can be interpreted as being slightly above 1000 Å and slightly below 1000 Å. See the rejection for Claims 1 and 3 above.
Regarding Claim 5, Lee discloses the display apparatus of claim 1, wherein the first inorganic encapsulation layer includes silicon oxynitride ([0132], “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”), the second inorganic encapsulation layer includes silicon oxynitride ([0132], “the second upper inorganic layer IOL-U2 may be silicon oxynitride”), and the third inorganic encapsulation layer includes silicon nitride ([0132], “the first upper inorganic layer IOL-U1 may be silicon nitride”).
Regarding Claim 7, Lee discloses the display apparatus of claim 5, wherein a refractive index of the second inorganic encapsulation layer is about 1.86 to about 1.89 ([0130]; “The refractive indexes of the lower inorganic layers IOL-L1 and IOL-L2 and the refractive indexes of the upper inorganic layers IOL-U1, IOL-U2 and IOL-U3 may be about 1.6 to about 2.2”; about 1.86 to about 1.89 falls within said range).
Regarding Claim 8, Lee discloses the display apparatus of claim 7, wherein a refractive index of the third inorganic encapsulation layer is greater than the refractive index of the second inorganic encapsulation layer ([0134]).
Regarding Claim 9, Lee discloses the display apparatus of claim 5, wherein an average content of oxygen atoms in the entire first inorganic encapsulation layer is higher than an average content of oxygen atoms in the entire second inorganic encapsulation layer ([0132, 0134]).
Regarding Claim 10, Lee discloses the display apparatus of claim 1, wherein the first inorganic encapsulation layer includes:
a 1st-1st inorganic encapsulation layer covering the organic light-emitting device and including silicon oxynitride (first lower inorganic layer IOL-L1, [0132], Fig. 8B; “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”); and
a 1st-2nd inorganic encapsulation layer disposed on the 1st-1st inorganic encapsulation layer and including silicon oxynitride (second lower inorganic layer IOL-L2, [0132], Fig. 8B; “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”),
wherein an average content of oxygen atoms in the entire 1st-2nd inorganic encapsulation layer is higher than an average content of oxygen atoms in the entire 1st-1st inorganic encapsulation layer ([0132], “The second lower inorganic layer IOL-L2 may include more oxygen atoms in the same volume than the first lower inorganic layer IOL-L1”).
Regarding Claim 11, Lee discloses the display apparatus of claim 10, wherein the 1st-2nd inorganic encapsulation layer is thinner than the 1st-1st inorganic encapsulation layer ([0135], Fig. 8B).
Regarding Claim 12, Lee discloses a method of manufacturing a display apparatus (display panel DP, [0128], Fig. 8A-8B), the method comprising:
forming an organic light-emitting device over a substrate (substrate SUB, [0086], Fig. 8A);
forming a first inorganic encapsulation layer covering the organic light-emitting device (first and second lower inorganic layers IOL-L1 and IOL-L2, [0130], Fig. 8B);
forming an organic encapsulation layer on the first inorganic encapsulation layer (organic layer OL, [0130], Fig. 8A); and
forming a third inorganic encapsulation layer on the second inorganic encapsulation layer (upper inorganic layer IOL-U1, [0130], Fig. 8B), the third inorganic encapsulation layer being thicker than the second inorganic encapsulation layer ([0135]).
Lee fails to explicitly disclose forming a second inorganic encapsulation layer with a thickness of about 400 Å to about 1800 Å on the organic encapsulation layer.
However, Lee does disclose forming a second inorganic encapsulation layer with a thickness of about 100 angstroms to about 1000 angstroms (upper inorganic layer IOL-U2, [0130, 0135], Fig. 8B). As stated in rejected Claim 1, the range of about 400 Å to about 1800 Å overlaps with the referenced range as disclosed by Lee and, therefore, a prima facie case of obviousness can be rendered.
Regarding Claim 14, Lee discloses the method of claim 12.
Lee fails to explicitly disclose wherein the forming of the third inorganic encapsulation layer includes forming the third inorganic encapsulation layer so that the sum of a thickness of the second inorganic encapsulation layer and a thickness of the third inorganic encapsulation layer is about 4000 Å to about 6000 Å.
However, Lee does disclose wherein the forming of the third inorganic encapsulation layer includes forming the third inorganic encapsulation layer so that the sum of a thickness of the second inorganic encapsulation layer and a thickness of the third inorganic encapsulation layer is the sum of about 100 to 1000 angstroms plus several thousand angstroms ([0135]). As stated in rejected Claim 2, the sum of several thousand angstroms and about 100 angstroms to 1000 angstroms would be at least greater than 3000 Å for which the claimed range of 4000 Å to 6000 Å would fall within. Therefore, a prima facie case of obviousness can be rendered with regard to this limitation.
Regarding Claim 15, Lee discloses the method of claim 12.
Lee fails to explicitly disclose wherein the forming of the second inorganic encapsulation layer includes forming the second inorganic encapsulation layer to a thickness of about 800 Å to about 1500 Å.
However, as stated previously, Lee does disclose wherein the forming of the second inorganic encapsulation layer includes forming the second inorganic encapsulation layer to a thickness of about 100 angstroms to about 1000 angstroms. ([0135]). As stated in rejected Claim 3, the claimed range of about 800 Å to about 1500 Å overlaps with the referenced range of about 100 angstroms to about 1000 angstroms and, thus, a prima facie case of obviousness is made with regard to this limitation.
Regarding Claim 16, Lee discloses the method of claim 12.
Lee fails to explicitly disclose wherein the forming of the second inorganic encapsulation layer includes forming the second inorganic encapsulation layer to a thickness of about 1000 Å to about 1200 Å.
However, as stated previously, Lee does disclose wherein the forming of the second inorganic encapsulation layer includes forming the second inorganic encapsulation layer to a thickness of about ([0135]). As stated in above, the claimed range of about 1000 Å to about 1200 Å overlaps in range with about 100 angstroms to about 1000 angstroms as “about” can be interpreted as being slightly above 1000 Å and slightly below 1000 Å. See rejected Claims 1, 3, and 4.
Regarding Claim 22, Lee discloses the method of claim 12, wherein the forming of the first inorganic encapsulation layer includes:
forming a 1st-1st inorganic encapsulation layer including silicon oxynitride to cover the organic light-emitting device (first lower inorganic layer IOL-L1, [0132], Fig. 8B; “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”); and
forming a 1st-2nd inorganic encapsulation layer including silicon oxynitride on the 1st-1st inorganic encapsulation layer (second lower inorganic layer IOL-L2, [0132], Fig. 8B; “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”),
wherein an average content of oxygen atoms in the entire 1st-2nd inorganic encapsulation layer is higher than an average content of oxygen atoms in the entire 1st-1st inorganic encapsulation layer ([0132], “The second lower inorganic layer IOL-L2 may include more oxygen atoms in the same volume than the first lower inorganic layer IOL-L1”).
Regarding Claim 23, Lee discloses the method of claim 22, wherein the 1st-2nd inorganic encapsulation layer is thinner than the 1st-1st inorganic encapsulation layer ([0135], Fig. 8B).
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et al. as applied to claims 1-5, 7-12, 14-16, and 22-23 above, and further in view of Kakehata, et al (US 20100291753 A1; hereinafter referred to as Kakehata).
Regarding Claim 6, Lee discloses the display apparatus of claim 5.
Lee fails to disclose wherein an average content of oxygen atoms in the entire second inorganic encapsulation layer is about 5.0 atomic percent (at%) to about 7.0 atomic percent (at%).
However, in analogous art, Kakehata discloses an inorganic layer comprising of silicon nitride oxide (i.e., silicon oxynitride – the same material as the second inorganic encapsulation layer) wherein an average content of oxygen atoms in the entire second inorganic encapsulation layer is about 5.0 atomic percent (at%) to about 7.0 atomic percent (at%) (Kakehata: [0058]; “oxygen . . . at concentrations ranging from greater than or equal to 5 atomic % and less than or equal to 30 atomic %”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the second inorganic encapsulation layer to contain between 5.0 at% and 7.0 at% as disclosed by Kakehata. One would be motivated to do so as it is known in the art to modify the composition percentages of oxygen and nitrogen in silicon oxynitride in order to prevent impurities or moisture from entering into the device (Kakehata: [0057]). Additionally, it is well known in the art that modifying the composition percentages of oxygen and nitrogen in silicon oxynitride can result in a change in the refractive index of said layer, and the refractive index follows an equation as taught by Podlucky, et al (“Optimization of Fabrication Process of SiON/SiOx Films Applicable as Optical Waveguides”. Coatings; 2021, 11, 574).
Regarding Claim 13, Lee discloses the method of claim 12.
Lee fails to disclose, between the forming of the organic encapsulation layer and the forming of the second inorganic encapsulation layer, surface-treating an upper surface of the organic encapsulation layer by using plasma.
However, in analogous art, Kakehata discloses surface-treating an upper surface of an encapsulation layer by using plasma prior to the formation of additional insulating (i.e., encapsulation) layers later on in the process (Kakehata: [0010]).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the organic encapsulation layer as taught in Lee by performing a plasma treatment on its surface interfacing with additional insulating/encapsulation layers prior to the formation of said insulating/encapsulation layers. One would be motivated to do so as the plasma treatment reduces the possibility of a defect forming or being introduced into the device (Kakehata: [0010]).
Claim(s) 17 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, et al. as applied to claims 1-5, 7-12, 14-16, and 22-23 above, and further in view of Hiraki, et al (“Deuterated SiN/SiON Waveguides on Si Platform and Their Application to C-Band WDM Filters”; July 28th, 2017; IEEE Photonics Journal, Volume: 9, Issue: 5, October 2017; hereinafter referred to as Hiraki).
Regarding Claim 17, Lee discloses the method of claim 12, wherein the forming of the first inorganic encapsulation layer includes forming an inorganic encapsulation layer including silicon oxynitride ([0132], “Each of the first and second lower inorganic layers IOL-L1 and IOL-L2 may be silicon oxynitride”) and the forming of the third inorganic encapsulation layer includes forming an inorganic encapsulation layer including silicon nitride ([0134], “The first upper inorganic layer IOL-U1 may be silicon nitride”).
Lee fails to disclose that the forming of the second inorganic encapsulation layer includes forming an inorganic encapsulation layer using reaction gases which does not include oxygen source, as it is silent on the reactive gases used in the formation of the inorganic encapsulation layers.
However, in analogous art, Hiraki discloses that silicon oxynitride layers (e.g., the second inorganic encapsulation layer) can be formed using deuterated silane (SiD4) as the gas source, which does not include oxygen (Hiraki: Section 2, paragraph 1).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the formation of the second inorganic encapsulation layer in Lee such that you use deuterated silane (SiD4) as the reaction gas as taught in Hiraki. One would be motivated to do so as the use of deuterated silane allows for increased refractive index control of the silicon oxynitride film (Hiraki: Section 2, paragraph 1).
Regarding Claim 19, Lee/Hiraki discloses the method of claim 17, wherein a refractive index of the second inorganic encapsulation layer is about 1.86 to about 1.89 (Lee: [0130]; “The refractive indexes of the lower inorganic layers IOL-L1 and IOL-L2 and the refractive indexes of the upper inorganic layers IOL-U1, IOL-U2 and IOL-U3 may be about 1.6 to about 2.2”; about 1.86 to about 1.89 falls within said range).
Regarding Claim 20, Lee/Hiraki discloses the method of claim 19, wherein a refractive index of the third inorganic encapsulation layer is greater than the refractive index of the second inorganic encapsulation layer (Lee: [0134]).
Regarding Claim 21, Lee/Hiraki discloses the method of claim 17, wherein an average content of oxygen atoms in the entire first inorganic encapsulation layer is higher than an average content of oxygen atoms in the entire second inorganic encapsulation layer (Lee: [0132, 0134]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee/Hiraki as applied to claims 17 and 19-21 above, and further in view of Kakehata, et al (US 20100291753 A1; hereinafter referred to as Kakehata).
Regarding Claim 18, Lee discloses the method of claim 17.
Lee fails to disclose wherein an average content of oxygen atoms in the entire second inorganic encapsulation layer is about 5.0 atomic percent (at%) to about 7.0 atomic percent (at%).
However, in analogous art, Kakehata discloses an inorganic layer comprising of silicon nitride oxide (i.e., silicon oxynitride – the same material as the second inorganic encapsulation layer) wherein an average content of oxygen atoms in the entire second inorganic encapsulation layer is about 5.0 atomic percent (at%) to about 7.0 atomic percent (at%) (Kakehata: [0058]; “oxygen . . . at concentrations ranging from greater than or equal to 5 atomic % and less than or equal to 30 atomic %”).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the second inorganic encapsulation layer to contain between 5.0 at% and 7.0 at% as disclosed by Kakehata. One would be motivated to do so as it is known in the art to modify the composition percentages of oxygen and nitrogen in silicon oxynitride in order to prevent impurities or moisture from entering into the device (Kakehata: [0057]). Additionally, it is well known in the art that modifying the composition percentages of oxygen and nitrogen in silicon oxynitride can result in a change in the refractive index of said layer, and the refractive index follows an equation as taught by Podlucky, et al (“Optimization of Fabrication Process of SiON/SiOx Films Applicable as Optical Waveguides”. Coatings; 2021, 11, 574).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(a) Kim, et al (US 2021175469 A1); discloses a display device with similar encapsulation structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah C. Robertson whose telephone number is (571) 317-0595. The examiner can normally be reached Monday-Friday 9:30 AM - 6:30 PM (Eastern Time Zone).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William B Partridge, can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/Noah C. Robertson/Examiner, Art Unit 2812
/William B Partridge/Supervisory Patent Examiner, Art Unit 2812
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