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 § 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 3 and 18 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.
Claims 3 and 18 recites the limitation “the transmissive layer, the first color conversion layer, the transmissive layer…”. There is insufficient antecedent basis for this limitation in the claim. Claims 1 and 15 (on which Claims 3 and 18 respectively depend) only recites a transmissive layer.
For the purposes of this examination, Examiner is interpreting Claims 3 and 15 as follows:
The display device of Claim 1, wherein the transmissive layer, the first color conversion layer,
If Applicant meant to add an additional transmissive layer, Applicant can amend Claims 3 and 15 as follows:
The display device of claim 1, further comprising an additional transmissive layer, wherein the transmissive layer, the first color conversion layer, the additional transmissive layer, and the second color conversion layer are repeatedly disposed along a first direction”.
Further, Claims 3 and 15 do not state whether Applicant wants these layers disposed in the first direction in the order listed. If that is the intent, Applicant should amend to explicitly include this.
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 1-2 and 4 are rejected under 35 U.S.C. 102a1 as being anticipated by US20190371864A1 (Kim).
Regarding Claim 1, Kim discloses a display device (Fig. 8, Para. [0090]), comprising: a substrate (Fig. 8, el. 110, Para. [0091]); a transistor (Fig. 8, el. T, Para. [0091]) disposed on the substrate (Fig. 8, Para. [0092]); a light emitting element (Fig. 8, el. LD, Para. [0091]) electrically connected to the transistor (Para. [0093]); an encapsulation layer (Fig. 8, el. 170, Para. [0091]) disposed on the light emitting element (Para. [0095]); a partition (Fig. 8, el. 220, Para. [0096] and Para. [0023] which states that el. 220 serves as a partition) disposed on the encapsulation layer (Para. [0096]) and defining a first opening (Fig. 8 – the location of the 240G can be taken as the first opening) , a second opening (Fig. 8 – the location of el. 240R can be taken as the second opening), and a third opening (Fig. 8, the location of 240B can be taken as the third opening); a first color conversion layer (Fig. 8, el. 240G, Para. [0096]) disposed within the first opening (see above); a second color conversion layer (Fig. 8, el. 240R, Para. [0096]) disposed within the second opening (see above); and a transmissive layer (Fig. 8, el. 240B, Para. [0096]) disposed within the third opening (see above), wherein the partition is made of metal (Para. [0075]), and a distance from a center of a portion of the partition to the first color conversion layer is equal to a distance from the center of the portion of the partition to the transmissive layer (Fig. 8 – the partition is between the first color conversion layer and the transmissive layer)
Regarding Claim 2, Kim discloses the display device of claim 1, wherein the partition is a single layer (Fig. 8, which shows 220 as a single layer of metal).
Regarding Claim 4, Kim discloses the display device of Claim 1, wherein the upper surface of the transmissive layer is disposed at a higher level than an upper surface of the first color conversion layer (Fig. 8 – the first color conversion layer has an element 230 on top of it, so the upper surface of 240B is higher than the upper surface of the first color conversion layer).
Claims 15-16 are rejected under 35 U.S.C. 102a1 as being anticipated by Kim.
Regarding Claim 15, Kim discloses a display device (Fig. 8, Para. [0090]), comprising: a substrate (Fig. 8, el. 110, Para. [0091]); a transistor (Fig. 8, el. T, Para. [0091]) disposed on the substrate (Fig. 8, Para. [0092]); a light emitting element (Fig. 8, el. LD, Para. [0091]) electrically connected to the transistor (Para. [0093]); an encapsulation layer (Fig. 8, el. 170, Para. [0091]) disposed on the light emitting element (Para. [0095]); a partition (Fig. 8, el. 220, Para. [0096] and Para. [0023] which states that el. 220 serves as a partition) disposed on the encapsulation layer (Para. [0096]) and defining a first opening (Fig. 8 – the location of the 240G can be taken as the first opening) , a second opening (Fig. 8 – the location of el. 240R can be taken as the second opening), and a third opening (Fig. 8, the location of 240B can be taken as the third opening); a first color conversion layer (Fig. 8, el. 240G, Para. [0096]) disposed within the first opening (see above); a second color conversion layer (Fig. 8, el. 240R, Para. [0096]) disposed within the second opening (see above); and a transmissive layer (Fig. 8, el. 240B, Para. [0096]) disposed within the third opening (see above), wherein the partition is a single layer of metal (Fig. 8, which shows 220 as a single layer of metal – see also Para. [0075])).
Regarding Claim 16, Kim discloses the display device of Claim 15, wherein an upper surface of the transmissive layer is disposed at a higher level than an upper surface of the first color conversion layer (Fig. 8 – the first color conversion layer has an element 230 on top of it, so the upper surface of 240B is higher than the upper surface of the first color conversion layer).
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of US20230060443A1 (Jeon).
Regarding Claim 3, Kim discloses the display device of Claim 1.
Kim does not disclose that the transmissive layer, the first color conversion layer, and the second color conversion layer are repeatedly disposed along a first direction (see claim interpretation in 112(b) Rejections above).
Jeon discloses a display device (Fig. 1, Para. [0061]) with three color filters disposed repeatedly side by side in a first direction (see Figs. 3 and 4A).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to repeat the filter pattern of Kim in the manner disclosed by Jeon. This is the standard way of arranging pixels in a display device.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Jeon.
Regarding Claim 6, Kim discloses the display device of Claim 1. 13. Kim does not disclose a pattern layer spaced apart from the light emitting element.
Jeon discloses a display device (Figs 1, 3, 4A-C, Para. [0061])) with a pattern layer (Fig. 4A, el. BNK2, Para. [0161]) spaced apart from the light emitting element (Fig. 4A, where BNK2 is on a different layer than the light emitting element LD).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to add the pattern layer of Jeon to the display panel of Kim. As disclosed by Jeon, adding this pattern layer helps to define the emission area to which the color conversion layer is supplied (Para. [0163]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Jeon.
Regarding Claim 9, Kim in view of Jeon discloses the display device of Claim 6.
Jeon further discloses that the pattern layer is disposed between the first color conversion layer and the second color conversion layer (Para. [0162]).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to add the pattern layer between the first and second color conversion layers. As disclosed by Jeon, this has the benefit of preventing light leakage between adjacent pixels (Para. [0162]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Jeon.
Regarding Claim 18, Kim discloses the display device of Claim 15.
Kim does not disclose that the transmissive layer, the first color conversion layer, and the second color conversion layer are repeatedly disposed along a first direction (see claim interpretation in 112(b) Rejections above).
Jeon discloses a display device (Fig. 1, Para. [0061]) with three color filters disposed repeatedly side by side in a first direction (see Figs. 3 and 4A).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to repeat the filter pattern of Kim in the manner disclosed by Jeon. This is the standard way of arranging pixels in a display device.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Jeon.
Regarding Claim 19, Kim discloses the display device of Claim 15. 13. Kim does not disclose a pattern layer spaced apart from the light emitting element.
Jeon discloses a display device (Figs 1, 3, 4A-C, Para. [0061])) with a pattern layer (Fig. 4A, el. BNK2, Para. [0161]) spaced apart from the light emitting element (Fig. 4A, where BNK2 is on a different layer than the light emitting element LD).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to add the pattern layer of Jeon to the display panel of Kim. As disclosed by Jeon, adding this pattern layer helps to define the emission area to which the color conversion layer is supplied (Para. [0163]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Jeon.
Regarding Claim 20, Kim in view of Jeon discloses the display device of Claim 19.
Jeon further discloses that the pattern layer is disposed between the first color conversion layer and the second color conversion layer (Para. [0162]).
It would have been obvious to one skilled in the art before the effective filing date of the
claimed invention to add the pattern layer between the first and second color conversion layers. As disclosed by Jeon, this has the benefit of preventing light leakage between adjacent pixels (Para. [0162]).
Allowable Subject Matter
Claims 5, 7-8, 10-14, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claim 5, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination the limitation wherein the partition has a thickness of a range of and including about .1 to 5 micrometers.
Regarding Claims 7-8, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination the limitation the pattern layer includes the same material as the transmissive layer.
Regarding Claim 10, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination wherein a width of the first conversion layer is greater than a width of the transmissive layer.
Regarding Claim 11, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination a light blocking layer disposed on the same layer as the partition.
Regarding Claim 12, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination wherein a thickness of the partition decreases toward the substrate.
Regarding Claim 13, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination the limitation wherein an upper surface of the partition includes a depression.
Regarding Claim 14, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination the limitation the transmissive layer has a tapered shape.
Regarding Claim 17, none of the prior art of record teaches, suggests or renders
obvious, either alone or in combination wherein the partition has a thickness of a range of and including about .1 to 5 micrometers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROHIT PARTHASARATHY whose telephone number is (571)272-2572. The examiner can normally be reached Monday-Friday 8:30a-5p.
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/ROHIT PARTHASARATHY/Examiner, Art Unit 2899 /DALE E PAGE/Supervisory Patent Examiner, Art Unit 2899
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