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
Applicant’s election without traverse of Species 1 (FIGS. 1, 5, 7, and 8) in the reply filed on 7/28/2026 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/28/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 6/6/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is 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 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.
Claims 1-6 and 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 2021/0384474 A1, hereafter Kim).
Re Claim 1, Kim discloses a display device (FIG. 9; [0107]-[0113]) comprising:
a substrate (110; [0046]);
a light emitting device (133, 153, portion of 160 overlapping 133; [0046]) disposed on the substrate (110; [0046]);
a first layer (171; [0064]) disposed on the light emitting device (133, 153, portion of 160 overlapping 133; [0046]);
a high refractive index layer (172c, 174; [0110]) disposed on the first layer (171; [0110]) and overlapping the light emitting device (133, 153, portion of 160 overlapping 133; [0110]); and
a low refractive index layer (173; [0064]) disposed on the first layer (171; [0064]) and having a lower refractive index than the high refractive index layer (172c, 174; [0081], [0112]), wherein
a side surface of the high refractive index layer (172c, 174) and a side surface of the low refractive index layer (173) are in contact with each other to form an inclined surface ([0081]), and
an angle of the inclined surface is in a range of about 45 degrees to about 80 degrees ([0081]).
Re Claim 2, Kim discloses the display device according to Claim 1, while further disclosing wherein the high refractive index layer (172c, 174) has a refractive index of about 1.6 or more ([0078]).
Re Claim 3, Kim discloses the display device according to Claim 1, while further disclosing wherein the low refractive index layer (173) has a refractive index of about 1.5 or less ([0081]).
Re Claim 4, Kim discloses the display device according to Claim 1, while further disclosing wherein the first layer (171) has a refractive index of about 1.6 or more ([0066]).
Re Claim 5, Kim discloses the display device according to Claim 1, while further disclosing wherein a cross-section of the high refractive index layer (172c, 174) perpendicular to an upper surface of the substrate (110) has an inverted trapezoidal shape ([0107], cross-section shown in FIG. 9, when device is viewed upside down).
Re Claim 6, Kim discloses the display device according to Claim 1, while further disclosing wherein an interface between the high refractive index layer (172c, 174) and the low refractive index layer (173; [0110], specifically between 173 and 174) does not overlap the light emitting device (133, 153, portion of 160 overlapping 133) in a direction (straight up and down in FIG. 9; [0110]) perpendicular to an upper surface of the substrate (110; [0110]).
Re Claim 9, Kim discloses the display device according to Claim 1, while further disclosing wherein a portion of the high refractive index layer (172c, 174) is disposed on the low refractive index layer (173; [0110], on bottom/sidewalls of).
Re Claim 10, Kim discloses the display device according to Claim 1, while further disclosing wherein the high refractive index layer (172c, 174) has a flat upper surface ([0110]).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al (CN 114284454 A, hereafter Liu).
Re Claim 1, Liu discloses a display device (FIG. 3; pg. 5, para. 4 to pg. 6, para. 2) comprising:
a substrate (“substrate”; pg. 6, para. 5);
a light emitting device (110; pg. 6, para. 7) disposed on the substrate (“substrate”; pg. 6, para. 7);
a first layer (200; pg. 6, para. 13) disposed on the light emitting device (110; pg. 6, para. 13);
a high refractive index layer (310; pg. 6, para. 13) disposed on the first layer (200; pg. 6, para. 13) and overlapping the light emitting device (110; pg. 6, para. 13); and
a low refractive index layer (320; pg. 7, para. 2) disposed on the first layer (200; pg. 7, para. 2) and having a lower refractive index than the high refractive index layer (310; pg. 7, para. 2), wherein
a side surface of the high refractive index layer (310) and a side surface of the low refractive index layer (320) are in contact with each other to form an inclined surface (specifically between 310 and right portion of 320 in FIG. 3; pg. 7, para. 2), and
an angle of the inclined surface is in a range of about 45 degrees to about 80 degrees (pg. 7, para. 2).
Re Claim 7, Lee discloses the display device according to Claim 1, while further disclosing wherein the low refractive index layer (320) does not overlap the light emitting device (110) in a direction perpendicular to an upper surface of the substrate (“substrate”, direction straight up and down in FIG. 3; pg. 7, para. 2).
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2020/0144550 A1).
Re Claim 1, Lee discloses a display device (FIG. 10; [0120]-[0126]) comprising:
a substrate (401; [0054]);
a light emitting device (“OLED”; [0053]) disposed on the substrate (401; [0054]);
a first layer (417; [0073]) disposed on the light emitting device (“OLED”; [0073]);
a high refractive index layer (1200; [0122]) disposed on the first layer (417; [0122]) and overlapping the light emitting device (“OLED”; [0122]); and
a low refractive index layer (1100; [0122]) disposed on the first layer (417) and having a lower refractive index than the high refractive index layer (1200; [0122]), wherein
a side surface of the high refractive index layer (1200) and a side surface of the low refractive index layer (1100) are in contact with each other to form an inclined surface ([0122]), and
an angle of the inclined surface is in a range of about 45 degrees to about 80 degrees ([0122], stated angle is included in the curve).
Re Claim 11, Lee discloses the display device according to Claim 1, while further disclosing the device comprises:
a second layer (1300; [0126]) disposed on the high refractive index layer (1200; [0126]), wherein
an upper surface of the high refractive index layer has a step portion (1200S, see FIG. Z1 below; [0126]) in an area overlapping the light emitting device (“OLED”; [0126]), and
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the second layer (1300) fills the step portion (1200S; [0126]).
FIG. Z1: Annotated version of FIG. 10 of Lee
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.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, as applied to Claim 1, in view of Zhao et al (US 2025/0098486 A1, hereafter Zhao).
Re Claim 8, Kim discloses the display device according to Claim 1, but does not disclose in the embodiment of FIG. 9 the device comprises:
a second layer disposed between the first layer and the light emitting device, wherein
a refractive index of the second layer is about 1.6 or less, and
the second layer has a thickness of about 1 μm or less.
However, Kim discloses in a second embodiment (FIG. 8; [0101]-[0106]) a display device comprising a second layer (191; [0103]) disposed between the first layer (192; [0103]) and the light emitting device (133, 153, portion of 160 overlapping 133; [0103]).
Additionally, Zhao discloses a display device (FIG. 12; [0147]-[0148]) comprising wherein:
a refractive index of the second layer (“first inorganic encapsulation layer”; [0147]) is about 1.6 or less ([0148]), and
the second layer (“first inorganic encapsulation layer”) has a thickness of about 1 μm or less ([0148]).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the display device according to the embodiment in FIG. 9 of Kim with the limitations taught by the embodiment in FIG. 8 of Kim as a functionally equivalent means of predictably encapsulating and protecting the light emitting device (Kim: 133, 153, portion of 160 overlapping 133) as taught by Kim ([0103]). It would also have been obvious to modify the limitations taught by Kim with the limitations taught by Zhao to specify the nature and dimensions of the second layer (Kim: 191) to ensure that the second layer (Kim: 191) can sufficiently block water and oxygen without interfering with device function as taught by Zhao ([0148]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN RUSSELL MCCUTCHEON whose telephone number is (703)756-1897. The examiner can normally be reached Monday-Friday, 12:30-9:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DREW N RICHARDS can be reached at (571) 272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN RUSSELL MCCUTCHEON/Examiner, Art Unit 2892
/NORMAN D RICHARDS/Supervisory Patent Examiner, Art Unit 2892
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