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 .
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.
Claim(s) 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over OH (US. Pub: 2018/0321764 A1) in view of Lee et al. (US. Pub: 2020/0091247 A1~hereinafter “Lee”).
Regarding claim 19, OH discloses (in at least fig. 6) a display device, comprising: a substrate (111); a light emitting element layer (120) disposed on the substrate, the light emitting element (120) comprising a pixel defining layer (128) defining a plurality of emission areas and a non-emission area; an encapsulation layer (140) disposed on the light emitting element layer; a touch sensing layer (220) disposed on the encapsulation layer, the touch sensing layer (220) comprising a plurality of touch electrodes (152e; 154e; [0051]-[0055]); a color filter layer (230) disposed on the touch sensing layer, and an overcoat layer (166, 101) disposed on the color filter layer.
OH does not expressly disclose the color filter layer (230) comprising a plurality of color filters; the plurality of color filters comprise a first color filter and a second color filter, wherein the first color filter overlaps one of the plurality of emission areas, and wherein the second color filter overlaps the remaining two or more emission areas among the plurality of emission areas.
Lee discloses (in at least fig. 3) a display device comprised of, in part, a color filter layer (410) comprising a plurality of color filters (410R, 410B, 410G); the plurality of color filters comprise a first color filter and a second color filter (fig. 3; abstract), wherein the first color filter overlaps one of the plurality of emission areas, and wherein the second color filter overlaps the remaining two or more emission areas among the plurality of emission areas (see fig. 3) for the purpose of providing a display device of which an optical characteristic is uniform throughout the entire viewing area, and that is capable of realizing high resolution ([0007]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of OH with the color filter teaching of Lee for the purpose of providing a display device of which an optical characteristic is uniform throughout the entire viewing area, and that is capable of realizing high resolution ([0007]). Also, it has been held that mere duplication of the essential working parts of an invention involves only routine skill in the art.
Regarding claim 20, OH as modified by Lee discloses (in at least fig. 3 Lee; [0011]-[0013]) the plurality of emission areas comprise a first emission area that emits red light, a second emission area that emits blue light, and a third emission area that emits green light, and wherein the first color filter is a blue color filter that transmits the blue light, and the second color filter is a yellow color filter that transmits the red light and the green light.
Regarding claim 21, OH as modified by Lee discloses (in at least fig. 3) the first color filter overlaps the second emission area and the non-emission area, and the second color filter overlaps the first emission area, the third emission area, and the non-emission area.
Allowable Subject Matter
Claims 1-18 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, the closest prior art of record OH (US. Pub: 2018/0321764 A1) discloses (in at least fig. 6) a display device, comprising: a substrate (111); a light emitting element layer (120) disposed on the substrate, the light emitting element layer (120) comprising a pixel defining layer (128) defining a plurality of emission areas and a non-emission area; an encapsulation layer (140) disposed on the light emitting element layer; a touch sensing layer (220; [0022]; [0050]) disposed on the encapsulation layer, the touch sensing layer (220) comprising a touch connection electrode (152e; 154e; [0051]-[0055]), a driving electrode (152; [0050]; [0051]), and a color pattern (156, 162) disposed between the touch connection electrode and the driving electrode (see at least fig. 6); a color filter layer (230; [0025]) disposed on the touch sensing layer (154), the color filter layer (230) comprising a plurality of color filters (see at least fig. 6); and an overcoat layer (166, 101) disposed on the color filter layer, wherein the color pattern (156, 162) overlaps one of the plurality of emission areas and the non-emission area (see at least fig. 6). However, OH does not disclose the plurality of color filters do not overlap the emission area that overlaps the color pattern. Claims 2-13 are allowed due to their dependency upon claim 1.
Regarding claim 14, the closest prior art of record OH (US. Pub: 2018/0321764 A1) (in at least fig. 6) a display device, comprising: a substrate (111); a light emitting element layer disposed on the substrate, the light emitting element (120) comprising a pixel defining layer (128) defining a plurality of emission areas and a non-emission area; an encapsulation layer (140) disposed on the light emitting element layer; a touch sensing layer (220) disposed on the encapsulation layer (140), the touch sensing layer (220) comprising a touch connection electrode, a driving electrode, and a color pattern (156, 162) disposed between the touch connection electrode (152e; 154e; [0051]-[0055]) and the driving electrode (152; [0050]; [0051]); a color filter layer (230; [0025]) disposed on the touch sensing layer, the color filter layer (230) comprising a first color filter (Green) and a second color filter (Red); and an overcoat layer (166, 101) disposed on the color filter layer, wherein the color pattern (156, 162) overlaps one of the plurality of emission areas and the non-emission area. However, OH does not disclose the first color filter does not overlap the emission area that overlaps the color pattern, and wherein the second color filter overlaps the emission area that overlaps the color pattern. Claims 15-18 are allowed due to their dependency upon claim 14.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30.
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ELMITO BREVAL
Primary Examiner
Art Unit 2875
/ELMITO BREVAL/Primary Examiner, Art Unit 2875
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