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
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 1 - 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. US 20220173186 A1 (hereinafter Han) and in view of Gao et al. US 20240057423 A1 (hereinafter Gao)
Regarding claim 1, Han discloses the following:
A display device (A display apparatus; claim 1) comprising: a first base layer ([0062] Referring to FIG. 2; substrate 100) ; a circuit layer above the first base layer; ([0062] Referring to FIG. 2; over a substrate 100, the pixel circuit PC including a first thin-film transistor TFT1) a silicon substrate above the circuit layer ([0062] Referring to FIG. 2; The second semiconductor A2; TFT1, the source electrode S1, the drain electrode D1; the second semiconductor A2 is shown as vertically above the first thin-film transistor TFT1); a light-emitting element above the silicon substrate (Referring to FIG. 2 and FIG. 12, light-emitting element ED above A2),
a second base layer above the silicon substrate and the light-emitting element. (Han’s Fig.12, paragraph [0183] The display element layer EDL may be covered by the thin-film encapsulation layer TFE… TFE may include a first inorganic encapsulation layer 310 and a second inorganic encapsulation layer 330.)
Han does not disclose:
A light emitting element electrically connected to the circuit layer through an opening defined by the silicon substrate;
Gao discloses:
a light emitting element electrically connected to the circuit layer through an opening defined by the silicon substrate; ([0073] In some embodiments, as shown in FIG. 3; the anode layer 133 away from the circuit structure layer 12. The pixel defining layer 132 is provided with a plurality of openings therein. An opening corresponds to an anode layer pattern 133,)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 2, Han in view of Gao teaches the limitations of claim 1, as
discussed above.
Han in view of Gao does not disclose:
“a thickness of the first base layer is greater than a thickness of the silicon substrate.”
However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case.
the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met.
Regarding claim 3, Han in view of Gao teaches the limitations of claim 2, as discussed above.
Han in view of Gao does not disclose:
“the thickness of the first base layer is greater than a thickness of the second base layer.”
However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case.
the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met.
Regarding claim 4, Han in view of Gao teaches the limitations of claim 3, as discussed above. Han discloses:
wherein the second base layer comprises a transparent inorganic material.
(Fig.12, paragraph [0183] The display element layer EDL may be covered by the thin-film encapsulation layer TFE… TFE may include a first inorganic encapsulation layer 310 and a second inorganic encapsulation layer 330)
Regarding claim 5, Han in view of Gao teaches the limitations of claim 4, as discussed above. Han discloses:
wherein the first base layer and the second base layer comprise a same material (Han, [0063] The substrate 100 may include glass, a ceramic material, a metal material, or a flexible or bendable material. 310 includes transparent inorganic material, which is glass or a ceramic.)
Regarding claim 6, Han in view of Gao teaches the limitations of claim 5, as discussed above.
Han discloses:
a first semiconductor layer above the silicon substrate; an active layer above the first semiconductor layer; and a second semiconductor layer above the active layer. (Han, paragraph [0062] Referring to FIG. 2; over a substrate 100, the pixel circuit PC including a first thin-film transistor TFT1; [0066] a first semiconductor layer A1 and a second semiconductor layer A2).)
Regarding claim 7, Han in view of Gao teaches the limitations of claim 6, as discussed above. Han discloses:
further comprising an electrode layer above the second semiconductor layer, and covered by the second base layer. (Han, paragraph [0062] Referring to FIG. 2; TFT1, the source electrode S1, the drain electrode D1)
Regarding claim 8, Han in view of Gao teaches the limitations of claim 6, as discussed above. Han discloses:
further comprising an electrode layer above the second semiconductor layer, and exposed by the second base layer. (Han, paragraph [0062] Referring to FIG. 2; TFT2, the source electrode S2, the drain electrode D2)
Regarding claim 9, Han in view of Gao teaches the limitations of claim 8, as discussed above. Han does not disclose:
wherein an opening defined by the silicon substrate exposes the first semiconductor layer.
Gao discloses:
wherein an opening defined by the silicon substrate exposes the first semiconductor layer. (Gao, [0073] In some embodiments, as shown in FIG. 3; the anode layer 133 away from the circuit structure layer 12. The pixel defining layer 132 is provided with a plurality of openings therein. An opening corresponds to an anode layer pattern 133,)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Gao.
Regarding claim 10, Han discloses:
forming a light-emitting element above a first surface of a silicon substrate; ([0062] Referring to FIG. 2; an organic light-emitting diode OLED electrically connected thereto may be arranged over a substrate 100,) forming a first inorganic layer above the first surface of the silicon substrate and the light-emitting element; (Fig.12, paragraph [0183] The display element layer EDL may be covered by the thin-film encapsulation layer TFE… TFE may include a first inorganic encapsulation layer 310) grinding a second surface of the silicon substrate; (AKA wafer backgrinding process or wafer thinning, a common practice.) forming a circuit layer above the second surface of the silicon substrate and the light-emitting element; ([0062] Referring to FIG. 2; TFT2, the source electrode S2, the drain electrode D2) and forming a second inorganic layer above the circuit layer. (Fig.12, paragraph [0183]; a second inorganic encapsulation layer330)
Han does not disclose:
forming an opening by etching the silicon substrate;
Gao discloses:
forming an opening by etching the silicon substrate; ([0073] In some embodiments, as shown in FIG. 3; the anode layer 133 away from the circuit structure layer 12. The pixel defining layer 132 is provided with a plurality of openings therein. An opening corresponds to an anode layer pattern 133,)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 11, Han in view of Gao teaches the limitations of claim 10, as discussed above. Han does not disclose:
wherein the opening of the silicon substrate exposes the light-emitting element.
Gao discloses:
wherein the opening of the silicon substrate exposes the light-emitting element.; ([0073]; FIG. 3; An opening corresponds to an anode layer pattern 133, a light-emitting layer 134.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 12, Han in view of Gao teaches the limitations of claim 11, as discussed above. Han does not disclose:
wherein the circuit layer contacts the light-emitting element through the opening of the silicon substrate.
Gao discloses:
wherein the circuit layer contacts the light-emitting element through the opening of the silicon substrate. (Gao, [0073]; FIG. 3; and each light-emitting device 131 may include an anode layer pattern 133, a light-emitting layer 134… a source 125.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 13, Han in view of Gao teaches the limitations of claim 12, as discussed above. Han in view of Gao does not disclose:
“Wherein a thickness of the silicon substrate is less than a thickness of the second inorganic layer.”
However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case.
the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met.
Regarding claim 14, Han in view of Gao teaches the limitations of claim 13, as discussed above.
Further comprising grinding the first inorganic layer. (AKA wafer backgrinding process or wafer thinning, a common practice.)
Regarding claim 15, Han in view of Gao teaches the limitations of claim 14, as discussed above. Han in view of Gao does not disclose:
“Wherein a thickness of the first inorganic layer is less than the thickness of the second inorganic layer.”
However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case.
the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met.
Regarding claim 16, Han in view of Gao teaches the limitations of claim 15, as discussed above. Han discloses:
wherein the first inorganic layer and the second inorganic layer comprise a same material. ([0063] The substrate 100 may include glass, a ceramic material, a metal material, or a flexible or bendable material. 310 and 330 contain a transparent inorganic material, which is glass.)
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Han and in view of Gao.
Han discloses:
forming a light-emitting element layer above a first silicon substrate; ([0062] Referring to FIG. 2; an organic light-emitting diode OLED electrically connected thereto may be arranged over a substrate 100,)
forming a second silicon substrate above the light-emitting element layer; (Fig.12, paragraph [0183] The display element layer EDL may be covered by the thin-film encapsulation layer TFE)
forming a circuit layer above the second silicon substrate and the light-emitting element layer; ([0167] Referring to FIG. 10; The data line DL and a second connection electrode 227 may be arranged on the first planarization layer 123.)
forming an inorganic layer above the circuit layer; (TFE may include a first inorganic encapsulation layer 310 and a second inorganic encapsulation layer 330.)
removing the first silicon substrate; and forming a light-emitting element by etching the light-emitting element layer. ([0062] Referring to FIG. 2; TFT1 and TFT2)
Han does not disclose:
forming an opening by etching the second silicon substrate;
Gao discloses:
forming an opening by etching the second silicon substrate; ([0073] In some embodiments, as shown in FIG. 3; the anode layer 133 away from the circuit structure layer 12. The pixel defining layer 132 is provided with a plurality of openings therein. An opening corresponds to an anode layer pattern 133,)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 18, Han in view of Gao teaches the limitations of claim 17, as discussed above. Han does not disclose:
wherein the opening of the second silicon substrate exposes the light-emitting element layer.
Gao discloses:
wherein the opening of the second silicon substrate exposes the light-emitting element layer. ([0073]; FIG. 3; and each light-emitting device 131 may include an anode layer pattern 133, a light-emitting layer 134, and a cathode layer 135.,)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 19, Han in view of Gao teaches the limitations of claim 18, as discussed above. Han does not disclose:
wherein the circuit layer contacts the light-emitting element layer through the opening of the second silicon substrate.
Gao discloses:
wherein the circuit layer contacts the light-emitting element layer through the opening of the second silicon substrate. ([0073]; FIG. 3; and each light-emitting device 131 may include an anode layer pattern 133, a light-emitting layer 134… a source 125.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to add Gao’s design into Han’s design. The reason to do this would be to create a vertical interconnect path between the driving circuitry below and the light-emitting/modulating elements above.
Regarding claim 20, Han in view of Gao teaches the limitations of claim 19, as discussed above. Han discloses: Han in view of Gao does not disclose:
“Wherein a thickness of the second silicon substrate is less than a thickness of the inorganic layer.
However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case.
the prior art device would not perform differently if modified to the claimed shape or size. Therefore, the claimed limitations are considered met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI LI whose telephone number is (571)270-0313. The examiner can normally be reached 8:30-5:00.
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/WEI LI/Examiner, Art Unit 2899
/Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
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