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 .
Response to Amendment
The amendment filed 5/20/2026 has been entered. Claim(s) 1-14 is/are pending.
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(s) 1-4 and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0026500) in view of Jin (US 2018/0166612) and Min et al. (US 2019/0086733) (hereinafter Min).
Claim 1: Kim teaches a display apparatus comprising: a liquid crystal panel (1061, fig. 13); and a backlight (1050, fig. 13) configured to provide light to the liquid crystal panel (1061), wherein the backlight (1050) comprises: a substrate (10, fig. 4); a light emitting diode (20, fig. 4) provided on the substrate (10), the light emitting diode (20) comprising a light output layer (40, fig. 4) having a first refractive index (refractive index of first resin layer 40, see para [0058]), r1; a refractive layer (50, fig. 4) covering the light emitting diode (20) and having a second refractive index (refractive index of second resin layer 50, see para [0058]), r2, that is lower than the first refractive index (see para [0058]); and a phosphor layer (60, fig. 4) covering the refractive layer (50), configured to convert a wavelength (first main peak wavelength, see para [0053]) of light emitted from the light emitting diode (20), the phosphor layer (60) having a third refractive index (refractive index of third resin layer 60, see para [0058]), r3, that is lower than the second refractive index (see para [0058]).
However, Kim is silent about the light emitting diode comprises: a first electrode connected between the substrate and a p-type semiconductor layer; and a second electrode connected between the substrate and an n-type semiconductor layer, wherein a distance between the substrate and the n-type semiconductor layer is larger than a distance between the substrate and the p-type semiconductor layer ; the phosphor layer is a quantum dot layer.
Jin teaches a light emitting diode comprises: a first electrode (123B, fig. 2) connected between a substrate (112, fig. 2) and a p-type semiconductor layer (122c, fig. 2); and a second electrode (123A, fig. 2) connected between the substrate (112) and an n-type semiconductor layer (122a, fig. 2),wherein a distance between the substrate and the n-type semiconductor layer is larger than a distance between the substrate and the p-type semiconductor layer (distance between 112 and 122a where 123A is located is larger than the distance between 112 and 122c where 123B is located in fig. 2)
Min teaches a quantum dot layer (200, fig. 2) (QD, see para [0031]).
Therefore, in view of Jin, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the light emitting diode of Kim with the light emitting diode of Jin where the light emitting diode comprises: a first electrode connected between the substrate and a p-type semiconductor layer; and a second electrode connected between the substrate and an n-type semiconductor layer, wherein a distance between the substrate and the n-type semiconductor layer is larger than a distance between the substrate and the p-type semiconductor layer, in order to solve the problem relating to a difference in the coefficient of thermal expansion and lattice-mismatching [Jin, 0037].
Therefore, in view of Min, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the phosphor layer of Kim with a quantum dot layer, in order to improve the color and luminous efficiency of the display apparatus.
Claim 2: Kim teaches the third refractive index of the quantum dot layer is greater than 1 (40, 50, 60 may be formed by the material of 2 or less, for example , 1.6 or less, see para [0058]).
Claim 3: Kim teaches the second refractive index is less than the first refractive index (see para [0058]).
However, Kim fails to teach the second refractive index is r1 - ((rl-1)/3), wherein r1 is greater than 1.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the material of either the light output layer or the refractive layer where the second refractive index is r1 - ((rl-1)/3), wherein r1 is greater than 1, to produce a desired lighting distribution, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 4: Kim teaches the third refractive index is less than the second refractive index which is less than the first refractive index (see para [0058]).
However, Kim fails to teach the third refractive index is r1 - ((rl-1)*2/3), wherein r1 is greater than 1.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the material of either the light output layer or quantum dot layer where the third refractive index is r1 - ((rl-1)*2/3), wherein r1 is greater than 1, to produce a desired lighting distribution, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Claim 9: Kim teaches the phosphor layer (60, fig. 4) comprises: a resin including at least one of acrylic, silicone (silicon, see para [0045]), epoxy, or urethane; and a plurality of phosphor particles (501, fig. 4) dispersed within the resin (60).
However, Kim fails to teach the plurality of phosphor particles is a plurality of quantum dot particles.
Min teaches a quantum dot layer (200, fig. 2) comprises a resin (220, fig. 2) including at least one of acrylic, silicone (epoxy, see para [0055]), epoxy, or urethane; and a plurality of quantum dot particles (110, fig. 2) dispersed within the resin (220).
Therefore, in view of Min, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the phosphor layer of Kim with a quantum dot layer comprising a plurality of quantum dot particles, in order to improve the color and luminous efficiency of the display apparatus.
Claim 10: Kim fails to teach each of the plurality of quantum dot particles comprises a quantum dot and a quantum dot coating layer surrounding the quantum dot, wherein the quantum dot coating layer includes at least one of SiO2, A1203, or HfO2.
Min teaches each of the plurality of quantum dot particles (110, fig. 1) comprises a quantum dot (110A) and a quantum dot coating layer (120, fig. 1) surrounding the quantum dot (110), wherein the quantum dot coating layer includes at least one of SiO2, A1203, or HfO2 (SiO2, see para [0041]).
Therefore, in view of Min, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the phosphor layer of Kim with a quantum dot layer where each of the plurality of quantum dot particles comprises a quantum dot and a quantum dot coating layer surrounding the quantum dot, wherein the quantum dot coating layer includes at least one of SiO2, A1203, or HfO2, in order to improve the color and luminous efficiency of the display apparatus.
Claim 11: Kim fails to teach a thickness of the quantum dot coating layer is 1 nm to 1 m.
Min teaches a thickness of the quantum dot coating layer (120, fig. 1) is 1 nm to 1 m (5 to 100 nm, see para [0047]).
Therefore, in view of Min, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the phosphor layer of Kim with a quantum dot layer where a thickness of the quantum dot coating layer is 1 nm to 1 m, in order to improve the color and luminous efficiency of the display apparatus.
Claim 12: Kim teaches the refractive layer (50, fig. 4) includes at least one of acrylic, silicone (silicon resin, see para [0052]), epoxy, or urethane.
Claim 13: Kim teaches the light output layer (40) of the light emitting diode (20) is a transparent substrate (transparent, see para [0045]) of the light emitting diode (20) or a reflective layer provided on the transparent substrate.
Claim 14: Kim teaches the light emitting diode (20) is provided on the substrate (10) in a chip-on-board manner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 has/have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claim(s) 5-8 is/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:
The prior art taken as a whole does not show nor suggest wherein the refractive layer is a first refractive layer, further comprising: a second refractive layer covering the quantum dot layer and having a fourth refractive index, r4, that is lower than the third refractive index with respect to claim(s) 5, as specifically called for in the claimed combinations.
Claim(s) 6-8 is/are dependent upon claim(s) 5 and is/are therefore allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US 2022/0260877) discloses an LED with a p-type and n-type layer.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENG B SONG whose telephone number is (571)272-9402. The examiner can normally be reached Monday-Friday: 9AM - 5PM.
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, Jong-Suk (James) Lee can be reached at 571-272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ZHENG SONG/Primary Examiner, Art Unit 2875
Prosecution Insights