DETAILED ACTION
This Action is responsive to the communication filed on 06/12/2024.
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 .
In the event the determination of the status of the application as subject to 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.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 1 recites the limitation: “the light emitting functional layer includes a light emitting portion and a connection portion electrically connected with the pixel driving circuit layer” (emphasis added). It is unclear whether the light emitting functional layer includes both (1) light emitting portion and (2) a connection portion, or the light emitting functional layer includes a light emitting portion, and then a connection portion is electrically connected with the pixel driving circuit layer. Therefore, Claim 1 has been rendered indefinite.
Claim 2-20 are also rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter due to the claims’ dependency to Claim 1.
Under the principles of compact prosecution, the Examiner will interpret the claimed limitation as the light emitting functional layer includes a light emitting portion, and a connection portion is electrically connected with the pixel driving circuit layer.
Claim Rejections - 35 USC § 102
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, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (US 2015/0207094).
Regarding claim 1, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) discloses a display substrate comprising:
a base substrate 110 (Para 0039);
a pixel driving circuit layer T1, T2, T6, located on the base substrate 110 (Para 0082-Para 0090);
a first planarization layer 180, located at a side e.g., upper side of T1, T2, T6 of the pixel driving circuit layer T1, T2, T6 away from the base substrate 110 (Para 0042, Para 0131);
an anode layer 191, located at a side e.g., upper side of 180 of the first planarization layer 180 away from the pixel driving circuit layer T1, T2, T6 (Para 0040, Para 0131);
a pixel defining layer 350, located at a side e.g., upper side of 191 of the anode layer 191 away from the base substrate 110 (Para 0046);
a spacer 360, located at a side e.g., upper side of 350 of the pixel defining layer 350 away from the anode layer 191 (Para 0046); and
a light emitting functional layer 370, located at a side e.g., upper side of 191 of the anode layer 191 and the pixel defining layer 350 away from the base substrate 110, wherein the light emitting functional layer 370 includes a light emitting portion 370 and a connection portion 191, vertical portion within 181 electrically connected with the pixel driving circuit layer T1, T2, T6, an orthographic projection of a top of the spacer 360 away from the base substrate 110 on the base substrate 110 is spaced apart from an edge of the orthographic projection of the light emitting portion 370 on the base substrate 110 (Para 0043, Para 0044, Para 0115, Para 0119, Para 129-Para 0131).
Regarding claim 16, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) teaches the display substrate according to claim 1, wherein the display substrate comprises a plurality of spacers 360a, and connecting lines of centers of the plurality of spacers 360a form a plurality of rhombic shapes e.g., shape formed by imaginary lines connecting adjacent centers of four of 360a (fourth 360a not shown above center upper green pixels) (Para 0074, Para 0075).
Regarding claim 20, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) teaches the display device, comprising the display substrate according to claim 1 (Para 0142).
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 2015/0207094), in view of Cho (US 2021/0126068).
Regarding claim 2, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) teaches the display substrate according to claim 1, wherein the first planarization layer 180 comprises a first via hole 181, the anode layer 191 comprises a plurality of anode groups 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) the plurality of anode groups 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) comprise a plurality of anode group rows 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1), each of the plurality of anode group rows 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) extends along a first direction e.g., horizontal direction, the plurality of anode group rows 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) are arranged along a second direction e.g., vertical direction, each of the plurality of anode groups 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) comprises a first anode e.g., 191 of red pixels (see also FIG. 1) and a second anode e.g., 191 of blue pixels (see also FIG. 1), the first anode e.g., 191 of red pixels (see also FIG. 1) comprises a first main body portion e.g., 191, horizontal portion of red pixels (see FIG. 1, FIG. 14) and a first connection portion e.g., 191, vertical portion of red pixels (see FIG. 14), the second anode e.g., 191 of blue pixels (see FIG. 1) comprises a second main body portion e.g., 191, horizontal portion of blue pixels (see FIG. 1, FIG. 14) and a second connection portion e.g., 191, vertical portion of blue pixels (see FIG. 1), the plurality of anode group rows e.g., 191 of red pixel, 191 of blue pixel laterally adjacent upper row; 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) comprise a first anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent upper row (see FIG. 1) and a second anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) which are adjacent in the second direction e.g., vertical direction, the first main body portion e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1) in the first anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent upper row (see FIG. 1) comprises a first long edge e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1), the second main body portion e.g., 191, horizontal portion of laterally adjacent lower row (see FIG. 1), which is located in the second anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) and adjacent to the first main body portion e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1), comprises a second long edge e.g., 191, horizontal portion of laterally adjacent lower row (see FIG. 1, FIG. 14), the first long edge e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1) is parallel to the second long edge e.g., 191, horizontal portion of laterally adjacent lower row (see FIG. 1, FIG. 14), extending lines of the first long edge e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1, FIG. 14) and the second long edge e.g., 191, horizontal portion of laterally adjacent lower row (see FIG. 1, FIG. 14) offset from each other, the spacer 360 is located between the first main body portion e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1) in the first anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent upper row (see FIG. 1) and the second main body portion e.g., 191, horizontal portion of laterally adjacent lower row (see FIG. 1, FIG. 14) which is located in the second anode group row e.g., 191 of red pixel, 191 of blue pixel laterally adjacent lower row (see FIG. 1) and adjacent to the first main body portion e.g., 191, horizontal portion of laterally adjacent upper row (see FIG. 1, FIG. 14), the pixel driving circuit layer T1, T2, T6 comprises a first pixel driving circuit e.g., T1, T2, T6 of blue pixel, the light emitting functional layer e.g., 370 of blue pixel upper row comprises a first light emitting portion e.g., 370 of blue pixel upper row, and the first connection portion e.g., 191, vertical portion within 181 of blue pixel of upper row (see FIG. 1, FIG. 14) is electrically connected with the first pixel driving circuit e.g., T1, T2, T6 of blue pixel through the first via hole 181, at least two insulating layers 142, 160 are arranged between the anode layer 191 and the base substrate 110 (Para 0126, Para 0128),
Although Hwang shows substantial features of the claimed invention, Hwang fails to expressly teach that the at least two insulating layers comprise at least one organic insulating layer.
Cho (see, e.g., FIG. 2), in a similar field of endeavor, teaches at least two insulating layers 122, 130 comprise at least one organic insulating layer 130 for the purpose of providing a material capable of protecting transistors (Para 0065, Para 0068-Para 0069).
The combination of Hwang/Cho, on the other hand, does teach an overlapping area between the orthographic projection of the spacer 360 (as taught by Hwang) on the base substrate 110 (as taught by Hwang) and an orthographic projection of a via hole 161 (as taught by Hwang) in the organic insulating layer 160 (as taught by Hwang, material modified by Cho) is less than 20% of an area of the orthographic projection of the via hole 161 (as taught by Hwang) on the base substrate 110 (as taught by Hwang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of at the at least two insulating layers of Hwang to be at least organic insulating layer as described by Cho for the purpose of providing a material capable of protecting transistors (Para 0068-Para 0069).
Regarding claim 3, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) teaches the display substrate according to claim 2, wherein the orthographic projection of the spacer 360 on the base substrate 110 overlaps with an orthographic projection of the first connection portion 191, vertical portion within 181 on the base substrate 110.
Regarding claim 4, Hwang fails to expressly specify that the display substrate according to claim 2, wherein a distance between an orthographic projection of a top of the spacer away from the base substrate on the base substrate and the orthographic projection of the first via hole on the base substrate is greater than 1 micron. Hwang, on the other hand, does teach a distance between an orthographic projection of the spacer 360 on the base substrate 110 and the orthographic projection of the first via hole 181 on the base substrate 110 for the purpose of preventing the generation of diffused reflection of external light (Para 0053). However, differences in distances will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such difference is critical. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation”. In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955).
Since the applicant has not established the criticality (see next paragraph) of the distance between an orthographic projection of a top of the spacer away from the base substrate on the base substrate and the orthographic projection of the first via hole on the base substrate is greater than 1 micron, it would have been obvious to one of ordinary skill in the art to modify the distance between a top of the spacer and the first via in the device of Hwang through routine experimentation.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed an orthographic projection of a top of the spacer away from the base substrate on the base substrate and the orthographic projection of the first via hole on the base substrate being greater than 1 micron or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Regarding claim 5, Hwang (see, e.g., FIG. 1, FIG. 7, FIG. 14) teaches the display substrate according to claim 2, wherein the orthographic projection of the spacer 360 on the base substrate 110 is spaced apart from the orthographic projection of the first via hole 181 on the base substrate 110.
Allowable Subject Matter
Claims 6-15 and 17-19 would be allowable if Claim 1 is rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in the Office Action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONIO CRITE whose telephone number is (571) 270-5267. The examiner can normally be reached Monday - Friday, 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at (571) 272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTONIO B CRITE/Primary Examiner, Art Unit 2817
Prosecution Insights