NON-FINAL OFFICE ACTION
This non-final office action addresses U.S. Application No. 19/328,027, which is a broadening reissue application of U.S. Application No. 17/559,822 (hereinafter the “822 Application"), entitled LIGHT EMITTING DIODE DISPLAY APPARATUS, which issued as U.S. Patent No. 12,069,904 (hereinafter the “904 Patent").
The status of the claims is as follows:
Claims 31-110 are pending.
Claims 31-33, 35-40, 42, 59, 61-69, 71-73, 75-80, 82, 84-86, 88-91, 93-95, 97 and 99-110 are rejected.
Claims 44-58, 60 and 70 are allowed.
Claims 34, 41, 43, 74, 81, 83, 87, 92, 96 and 98 are objected to.
I. STATUS OF APPLICATION, PATENT AND CLAIMS
The 904 Patent issued with claims 1-30 on August 24, 2024. Because this reissue application was filed within two years after this date, this reissue application can be a broadening reissue. See 35 U.S.C. §251.
Applicant filed a preliminary amendment on September 12, 2025 (hereinafter the “2025 Preliminary Amendment”) along with the filing of the present application. In the 2025 Preliminary Amendment, patent claims 1-30 were cancelled and new claims 31-110 were added.
Therefore, claims 31-110 are pending and will be examined in this reissue application.
II. PRIORITY
Examiners acknowledge the Applicant’s claim that present application is a reissue application of the 822 Application, now the 904 Patent. Examiners further acknowledge the claim of foreign priority to Korean Applications KR10-2020-0187273, filed December 20, 2020 and KR10-2021-0133055, filed October 7, 2021.
III. OBJECTION TO CLAIM AMENDMENTS
37 C.F.R. §1.173 Reissue specification, drawings, and amendments (in part)
(b) Making amendments in a reissue application. An amendment in a reissue application is made either by physically incorporating the changes into the specification when the application is filed, or by a separate amendment paper. If amendment is made by incorporation, markings pursuant to paragraph (d) of this section must be used. If amendment is made by an amendment paper, the paper must direct that specified changes be made, as follows:…
(2) Claims. An amendment paper must include the entire text of each claim being changed by such amendment paper and of each claim being added by such amendment paper. For any claim changed by the amendment paper, a parenthetical expression "amended," "twice amended," etc., should follow the claim number. Each changed patent claim and each added claim must include markings pursuant to paragraph (d) of this section, except that a patent claim or added claim should be canceled by a statement canceling the claim without presentation of the text of the claim.
(d) Changes shown by markings. Any changes relative to the patent being reissued that are made to the specification, including the claims but excluding "Large Tables" (§ 1.58(c) ), a "Computer Program Listing Appendix" (§ 1.96(c) ), a "Sequence Listing" (§ 1.821(c) ), and a "Sequence Listing XML" (§ 1.831(a) ) upon filing or by an amendment paper in the reissue application, must include the following markings:
(1) The matter to be omitted by reissue must be enclosed in brackets; and
(2) The matter to be added by reissue must be underlined.
(g) Amendments made relative to the patent. All amendments must be made relative to the patent specification, including the claims, and drawings, which are in effect as of the date of filing of the reissue application.
Examiners object to the 2025 Preliminary Amendment because the Applicant has not provided a sufficient explanation of support for the claim changes as required in the rule above. Via the 2025 Preliminary Amendment, Applicant has provided substantial claim changes and added new subject matter to the patented claims via the presentation of new claims 31-110. However, Applicant has neither specifically identified the specific changes being made to the patented claims to arrive at the new claims. Furthermore, Applicant has not specifically identified support in the specification of the 904 Patent for those changes. A simple citation of support for the claims is not sufficient under the rules.
Pursuant to 37 C.F.R. §1.173(c), each claim amendment must be accompanied by an explanation of the support in the disclosure of the patent for the amendment (i.e., support for all changes made in the claim(s), whether insertions or deletions). Such an explanation is required to address the merits of whether the claims comply with the original patent requirement under 35 U.S.C. §251. Because Examiners find Applicant has not done so as noted above, Applicant is required in response to this Office action a sufficient explanation of support for the claim changes, i.e., the changes in the claims arising from the deletion of patent claims 1-30 to arrive at new claims 31-110. This objection will not be held in abeyance.
IV. OBJECTION TO OWNERSHIP STATEMENT
The Statement under 37 C.F.R. 3.73(c) filed on September 12, 2025 is objected to because it is not properly filled out. The “Application No./Patent No.” and “Filed/Issued Date” are not filled out. These sections should be filled out with reference to the 904 Patent and its issue date since Applicant is required to establish ownership in the 904 Patent in order to reissue it.
V. CLAIM INTERPRETATION
After careful review of the original specification, the prosecution history, and unless expressly noted otherwise by the Examiners, the Examiners find that they are unable to locate any lexicographic definitions (either express or implied) with the required clarity, deliberateness, and precision with regard to pending and examined claims. Because the Examiners are unable to locate any lexicographic definitions with the required clarity, deliberateness, and precision, the Examiners conclude that Applicant is not his own lexicographer for the pending and examined claims. See MPEP §2111.01(IV).
The Examiners further find that because the pending and examined claims herein recite neither “step for” nor “means for” nor any substitute therefore, the examined claims fail Prong (A) as set forth in MPEP §2181(I). Because all examined claims fail Prong (A) as set forth in MPEP §2181(I), the Examiners conclude that all examined claims do not invoke 35 U.S.C. §112(f). See also Ex parte Miyazaki, 89 USPQ2d 1207, 1215-16 (B.P.A.I. 2008)(precedential)(where the Board did not invoke 35 U.S.C. § 112(f) because “means for” was not recited and because applicant still possessed an opportunity to amend the claims).
Because of the Examiners’ findings above that Applicant is not his own lexicographer and the pending and examined claims do not invoke 35 U.S.C. §112(f) the pending and examined claims will be given the broadest reasonable interpretation consistent with the specification since patentee has an opportunity to amend claims. See MPEP §2111, MPEP §2111.01 and In re Yamamoto et al., 222 USPQ 934 (Fed. Cir. 1984). Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. See MPEP §2111.01(I). It is further noted it is improper to import claim limitations from the specification, i.e., a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment. See MPEP §2111.01(II).
VI. CLAIM REJECTIONS – 35 U.S.C. §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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
VI.A. Anticipation Rejections Applying Zou
Claims 31-33, 35-40, 42, 61-67, 69, 71-73, 75-80, 82, 84-86, 88-91, 93-95, 97, 101-107, 109 and 110 are rejected under 35 U.S.C. §102(a)(1) and (a)(2) as being anticipated by U.S. Patent Application Publication No. 2017/0092698 to Xiangxiang Zhou (hereinafter “Zou”).
Regarding claim 31, Zou discloses:
31. (New) A light emitting diode display apparatus, comprising:
See Zou FIG. 4, reprinted below:
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a substrate;
See FIG. 4 above, and FIG. 6, reprinted below, substrate 1.
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a driving element region which is formed on the substrate and in which a plurality of driving elements are arranged in a two-dimensional pattern; and
See Zou FIG. 4 above, identified driving element region identified as white region including the two-dimensional arrange of shown driving elements, i.e., transistors 6, as shown in FIG. 6 above.
an emitting element region in which a plurality of emitting elements are arranged in a two- dimensional pattern, wherein each emitting element of the plurality of emitting elements includes a first electrode that is electrically connected to a corresponding driving element of the plurality of driving elements, a second electrode corresponding to the first electrode, and an emitting layer located between the first electrode and the second electrode,
See Zou FIG. 4 above, identified emitting element region which includes the two-dimensional array of emitting elements 30, which as shown in FIG. 6, comprise a first electrode 31 connected to the driving element 6, a second electrode 33 and an emitting layer 32 between the electrodes.
wherein an area of the emitting element region is greater than an area of the driving element region, and
See Zou FIG. 4 above, note are of identified emitting element region is greater than the area of the driver element region.
wherein in a portion of the substrate that includes an edge portion of the driving element region, a number of the plurality of emitting elements included in the emitting element region in the portion the substrate is greater than a number of the plurality of driving elements included in the edge portion of the driving element region in the portion of the substrate.
See Zou FIG. 4 above, note identified portion that includes an edge portion of the driving element region has a greater number of emitting elements than driving elements.
Regarding claim 32, Zou discloses the features of claim 31 as evidenced above and further wherein:
32. (New) The light emitting diode display apparatus of claim 31, wherein an entirety of the driving element region is covered by the emitting element region.
See Zou FIG. 4 above, note identified element emitting region entirely covers the driving element region.
Regarding claim 33, Zou discloses the features of claim 31 as evidenced above and further wherein:
33. (New) The light emitting diode display apparatus of claim 31, wherein the driving element region includes a plurality of sub-driving element regions which are defined by a plurality of gate lines and a plurality of data lines crossing each other, and wherein each driving element of the plurality of driving elements is located at a corresponding sub-driving element region of the plurality of sub-driving element regions.
See Zou FIG. 4 above, note identified driving element region contain sub-driving regions defined by gate and data lines and the driving elements 6 are located in each corresponding sub-driving region.
Regarding claim 35, Zou discloses the features of claim 31 as evidenced above and further wherein:
35. (New) The light emitting diode display apparatus of claim 31, wherein an emitting element among the plurality of emitting elements does not overlap with the driving element region, and the emitting element not overlapping with the driving element region is connected to a corresponding driving element of the driving element region by a first connection electrode.
See Zou FIG. 6 above, note electrode 8 connecting driver element 6 and emitting element.
Regarding claim 36, Zou discloses the features of claim 35 as evidenced above and further wherein:
36. (New) The light emitting diode display apparatus of claim 35, wherein the first connection electrode is formed of a same material as the first electrode and at a same layer as the first electrode.
See Zou FIG. 6 above, metal connector electrode 8.
Regarding claim 37, Zou discloses the features of claim 31 as evidenced above and further wherein:
37. (New) The light emitting diode display apparatus of claim 31, wherein a driving element located at the edge portion of the driving element region does not overlap with the corresponding emitting element located in the emitting element region.
See Zou FIG. 4 above, note emitting elements in portion do not overlap with corresponding driving elements 6.
Regarding claim 38, Zou discloses the features of claim 35 as evidenced above and further wherein:
38. (New) The light emitting diode display apparatus of claim 35, further comprising an insulating layer interposed between the driving element region and the emitting element region in a cross sectional view, wherein the first connection electrode electrically connects the driving element to the corresponding emitting element through the insulating layer.
See Zou FIG. 6 above, insulating resin/layer 10.
Regarding claim 39, Zou discloses the features of claim 38 as evidenced above and further wherein:
39. (New) The light emitting diode display apparatus of claim 38, wherein one side of the first connection electrode is connected to the first electrode of the emitting element, and another side of the first connection electrode is connected to one electrode of the corresponding driving element.
See Zou FIG. 6 above, note first electrode 31 is connected to emitting element 32 and the driving element 6.
Regarding claim 40, Zou discloses the features of claim 31 as evidenced above and further wherein:
40. (New) The light emitting diode display apparatus of claim 31,wherein the number of the plurality of emitting elements included in the portion of the substrate that includes the edge portion of the driving element region is m+n and the number of the plurality of driving elements included in the portion of the substrate that includes the edge portion of the driving element region is m, wherein n emitting elements form an additional emitting element region that does not overlap with the driving element region, and wherein each of the n emitting elements forming the additional emitting element region are electrically connected to a corresponding driving element of the driving element region.
See Zou FIG. 4 above, note m=0 and n=4 as shown meets this claim.
Regarding claim 42, Zou discloses the features of claim 31 as evidenced above and further wherein:
42. (New) The light emitting diode display apparatus of claim 31, wherein the light emitting diode display apparatus includes an organic electroluminescent display apparatus or an inorganic electroluminescent display apparatus.
Examiners note this claim covers all display apparatus. Further see Zou ¶0052 wherein the emitting elements are organic electroluminescent structures.
Regarding claim 61, Zou discloses the features of claim 31 as evidenced above and further wherein:
61. (New) The light emitting diode display apparatus of claim 31, wherein the plurality of emitting elements are laterally shifted relative to the plurality of driving elements.
See Zou FIG. 4 above, note shifting of emitting elements 30 relative to driving elements 6.
Regarding claim 62, Zou discloses the features of claim 31 as evidenced above and further wherein:
62. (New) The light emitting diode display apparatus of claim 31, wherein the substrate includes a region that includes at least one emitting element but is free of any driving elements.
See Zou FIG. 4 above, note portion identified is free of driving elements 6.
Regarding claim 63, Zou discloses the features of claim 31 as evidenced above and further wherein:
63. (New) The light emitting diode display apparatus of claim 31, wherein a spacing between adjacent emitting elements is greater than a spacing between adjacent driving elements that correspond to the adjacent emitting elements.
See Zou FIGS. 4 above and FIG. 9, note spacing of adjacent (near) emitting elements 30 and driving elements 6.
Regarding claim 64, Zou discloses the features of claim 38 as evidenced above and further wherein:
64. (New) The light emitting diode display apparatus of claim 38, wherein the insulating layer comprises a polyimide material.
See Zou FIG. 6 above, resin insulating layer 10.
Regarding claim 65, Zou discloses the features of claim 31 as evidenced above and further wherein:
65. (New) The light emitting diode display apparatus of claim 31, wherein the two-dimensional pattern of the plurality of driving elements is a first matrix pattern, and the two-dimensional pattern of the plurality of emitting elements is a second matrix pattern.
See Zou FIG. 4 above, note two-dimensional patterns of emitting elements 30 and driving elements 6.
Regarding claim 66, Zou discloses the features of claim 31 as evidenced above and further wherein:
66. (New) The light emitting diode display apparatus of claim 31, wherein each of the plurality of driving elements comprises a thin film transistor (TFT) electrically connected to a corresponding emitting element.
See Zou FIG. 6 above, note structures of driving element/transistor 6.
Regarding claim 67, Zou discloses the features of claim 31 as evidenced above and further wherein:
67. (New) The light emitting diode display apparatus of claim 31, wherein each of the plurality of emitting elements comprises an electrode comprising a metal material.
See Zou FIG. 6, note electrodes 31 and 33 for the emitting elements 30.
Regarding claim 69, Zou discloses the features of claim 31 as evidenced above and further wherein:
69. (New) The light emitting diode display apparatus of claim 31, wherein wherein the portion of the substrate, which includes the edge portion of the driving element region, also includes an edge portion of the emitting element region.
See Zou FIG. 4 above, note identified portion.
Regarding claims 71 and 84, Zou discloses:
71. (New) A light emitting diode display apparatus, comprising:
See Zou FIG. 4, annotated by Examiners and reprinted below:
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Zou FIG. 4 (annotated by Examiners)
a substrate including
See FIG. 4 above, and FIG. 6, reprinted below, substrate 1.
a driving element region which is formed on the substrate and in which a plurality of driving elements are arranged in a two-dimensional pattern, and a peripheral region disposed outside of the driving element region; and
See Zou FIG. 4 above, identified driving element region identified as white region including the two-dimensional arrange of shown driving elements, i.e., transistors 6, as shown in FIG. 6 above. See further peripheral region in hatching surrounding the identified driving element region.
an emitting element region in which a plurality of emitting elements are arranged in a two- dimensional pattern, wherein each emitting element of the plurality of emitting elements includes a first electrode that is electrically connected to a corresponding driving element of the plurality of driving elements, a second electrode corresponding to the first electrode, and an emitting layer located between the first electrode and the second electrode,
See Zou FIG. 4 above, identified emitting element region which includes the two-dimensional array of emitting elements 30, which as shown in FIG. 6, comprise a first electrode 31 connected to the driving element 6, a second electrode 33 and an emitting layer 32 between the electrodes.
wherein an area of the emitting element region is greater than an area of the driving element region and wherein the emitting element region overlaps with the driving element region and the peripheral region, and
See Zou FIG. 4 above, note are of identified emitting element region is greater than the area of the driver element region and overlaps both the identified driving element region and the peripheral region (in hatching).
wherein a number of the plurality of emitting elements included in a first portion of the emitting element region is less than a number of the plurality of driving elements included in a second portion of the driving element region, wherein the second portion has identical dimensions as the first portion.
See Zou FIG. 4 above, note number of emitting elements in identified 1st portion is less than number driving elements in the identified 2nd portion.
Regarding claims 72/85, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
72/85. (New) The light emitting diode display apparatus of claim 71/84, wherein an entirety of the driving element region is covered by the emitting element region.
See Zou FIG. 4 above, note identified element emitting region entirely covers the driving element region.
Regarding claim 73/86, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
73/86. (New) The light emitting diode display apparatus of claim 71/84, wherein the driving element region includes a plurality of sub-driving element regions which are defined by a plurality of gate lines and a plurality of data lines crossing each other, and wherein each driving element of the plurality of driving elements is located at a corresponding sub-driving element region of the plurality of sub-driving element regions.
See Zou FIG. 4 above, note identified driving element region contain sub-driving regions defined by gate and data lines and the driving elements 6 are located in each corresponding sub-driving region.
Regarding claim 75/88, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
75/88. (New) The light emitting diode display apparatus of claim 71/84, wherein an emitting element among the plurality of emitting elements does not overlap with the driving element region, and the emitting element not overlapping with the driving element region is connected to a corresponding driving element of the driving element region by a first connection electrode.
See Zou FIG. 6 above, note electrode 8 connecting driver element 6 and emitting element.
Regarding claim 89, Zou discloses the features of claim 84 as evidenced above and further wherein:
89. (New) The light emitting diode display apparatus of claim 84, wherein an emitting element among the plurality of emitting elements overlaps the peripheral region, and the emitting element overlapping the peripheral region is connected to a corresponding driving element of the driving element region by a first connection electrode.
See Zou FIG. 6 above, note electrode 8 connecting driver element 6 and emitting element 30 in identified portion.
Regarding claim 76/90, Zou discloses the features of claim 75 as evidenced above and further wherein:
76/90. (New) The light emitting diode display apparatus of claim 75/88, wherein the first connection electrode is formed of a same material as the first electrode and at a same layer as the first electrode.
See Zou FIG. 6 above, metal connector electrode 8.
Regarding claim 77/91, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
77/91. (New) The light emitting diode display apparatus of claim 71/84, wherein a driving element located at the edge portion/outermost edge of the driving element region does not overlap with the corresponding emitting element located at an outermost part of the emitting element region.
See Zou FIG. 4 above, note emitting elements in portion do not overlap with corresponding driving elements 6.
Regarding claim 78/93, Zou discloses the features of claim 75/88 as evidenced above and further wherein:
78/93. (New) The light emitting diode display apparatus of claim 88, further comprising an insulating layer interposed between the driving element region and the emitting element region in a cross sectional view, wherein the first connection electrode electrically connects the driving element to the corresponding emitting element through the insulating layer.
See Zou FIG. 6 above, insulating resin/layer 10.
Regarding claim 79/94, Zou discloses the features of claim 78/93 as evidenced above and further wherein:
79/94. (New) The light emitting diode display apparatus of claim 78/93, wherein one side of the first connection electrode is connected to the first electrode of the emitting element, and another side of the first connection electrode is connected to one electrode of the corresponding driving element.
See Zou FIG. 6 above, note first electrode 31 is connected to emitting element 32 and the driving element 6.
Regarding claim 80/95, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
80/95. (New) The light emitting diode display apparatus of claim 71/84,wherein the number of the plurality of emitting elements included in the portion of the substrate that includes the edge portion of the driving element region is m+n and the number of the plurality of driving elements included in the portion of the substrate that includes the edge portion of the driving element region is m, wherein n emitting elements form an additional emitting element region that does not overlap with the driving element region, and wherein each of the n emitting elements forming the additional emitting element region are electrically connected to a corresponding driving element of the driving element region.
See Zou FIG. 4 above, note m=0 and n=4 as shown meets this claim.
Regarding claim 82/97, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
82/97. (New) The light emitting diode display apparatus of claim 71/84, wherein the light emitting diode display apparatus includes an organic electroluminescent display apparatus or an inorganic electroluminescent display apparatus.
Examiners note this claim covers all display apparatus. Further see Zou ¶0052 wherein the emitting elements are organic electroluminescent structures.
Regarding claim 101, Zou discloses the features of claim 71 as evidenced above and further wherein:
101. (New) The light emitting diode display apparatus of claim 71, wherein the plurality of emitting elements are laterally shifted relative to the plurality of driving elements.
See Zou FIG. 4 above, note shifting of emitting elements 30 relative to driving elements 6.
Regarding claim 102, Zou discloses the features of claim 71 as evidenced above and further wherein:
102. (New) The light emitting diode display apparatus of claim 71, wherein the substrate includes a region that includes at least one emitting element but is free of any driving elements.
See Zou FIG. 4 above, note portion identified is free of driving elements 6.
Regarding claim 103, Zou discloses the features of claim 71 as evidenced above and further wherein:
103. (New) The light emitting diode display apparatus of claim 71, wherein a spacing between adjacent emitting elements is greater than a spacing between adjacent driving elements that correspond to the adjacent emitting elements.
See Zou FIGS. 4 above and FIG. 9, note spacing of adjacent (near) emitting elements 30 and driving elements 6.
Regarding claim 104, Zou discloses the features of claim 78 as evidenced above and further wherein:
104. (New) The light emitting diode display apparatus of claim 78, wherein the insulating layer comprises a polyimide material.
See Zou FIG. 6 above, resin insulating layer 10.
Regarding claim 105, Zou discloses the features of claim 71 as evidenced above and further wherein:
105. (New) The light emitting diode display apparatus of claim 71, wherein the two-dimensional pattern of the plurality of driving elements is a first matrix pattern, and the two-dimensional pattern of the plurality of emitting elements is a second matrix pattern.
See Zou FIG. 4 above, note two-dimensional patterns of emitting elements 30 and driving elements 6.
Regarding claim 106, Zou discloses the features of claim 71 as evidenced above and further wherein:
106. (New) The light emitting diode display apparatus of claim 71, wherein each of the plurality of driving elements comprises a thin film transistor (TFT) electrically connected to a corresponding emitting element.
See Zou FIG. 6 above, note structures of driving element/transistor 6.
Regarding claim 107, Zou discloses the features of claim 71 as evidenced above and further wherein:
107. (New) The light emitting diode display apparatus of claim 71, wherein each of the plurality of emitting elements comprises an electrode comprising a metal material.
See Zou FIG. 6, note electrodes 31 and 33 for the emitting elements 30.
Regarding claims 109/110, Zou discloses the features of claim 71/84 as evidenced above and further wherein:
109/110. (New) The light emitting diode display apparatus of claim 71/84, wherein the first portion of the emitting element region does not include an edge of the emitting element region, and the second portion of the driving element region does not include an edge of the driving element region.
See Zou FIG. 4 above and annotated by Examiners showing first portion which is not at any edge of the emitting element region and the second portion that is not at the edge of the driving element region.
VII. CLAIM REJETIONS – 35 U.S.C. §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.
VII.A. Obvious Rejections Applying Zou and Lin
Claims 59, 99 and 100 are rejected under 35 U.S.C. §103 as being unpatentable over Zou in view of U.S. Patent Application Publication No. 2020/0004080 to Sih-Yan Lin et al. (hereinafter “Lin”). Regarding this claim, Zou teaches a single layer planarization layer. Nevertheless, Lin in ¶0026 teaches:
In this embodiment, the planarization layer PL1 may be made of an inorganic material (e.g., silicon oxide, silicon nitride, silicon oxynitride, or a stack layer having at least two of the above materials), an organic material (e.g., polyimide resin, epoxy resin, or acrylic resin), or a combination of both, but the invention is not limited thereto. The planarization layer PL1 may be a single-layer structure, but the invention is not limited thereto. In other embodiments, the planarization layer PL1 may be a multi-layer structure. The planarization layer PL1 provides favorable flatness to facilitate subsequent formation of the first electrode CM1.
It would have been obvious at the time the invention was filed to provide a multilayer organic layer for the planarization layer of Zou. One having ordinary skill in the art would do so because as taught in in the quoted portion of Lin, the planarization layer can be made from a variety of organic and inorganic materials and be multilayer in order to facilitate favorable flatness. Furthermore, as shown in Zou FIG. 4 above, the connection electrode/metal 8 is located on a different layer than the first electrode 33.
VII.B. Obvious Rejections Applying Zou and Yamazaki
Claims 68 and 108 are rejected under 35 U.S.C. §103 as being unpatentable over Zou in view of U.S. Patent Application Publication No. 2019/0265532 to Shunpei Yamazaki (hereinafter “Yamazaki”). Regarding this claim, Zou teaches the features as evidenced above for claims 31 and 71, but not a light blocking layer. Nevertheless, Yamazaki teaches a light blocking layer for transistors. See Yamazaki ¶0182. It would have been obvious at the time the invention was filed to provide a light blocking layer for the transistors of Zou. One having ordinary skill in the art would so that “variation in the characteristics of the transistor due to light can be suppressed.” See same portion of Yamazaki.
VIII. ALLOWABLE SUBJECT MATTER
Claims 44-58, 60 and 70 are allowed. Regarding these claims, the prior art of record in this reissue application does not show or teach “wherein a number of the plurality of emitting elements included in the emitting element region is greater than a number of the plurality of driving elements included in the driving element region” as recited and in combination with the other features of the claims.
Claims 34, 41, 43, 74, 81, 83, 87, 92, 96 and 98 are objected to as depending from rejected claims, but have allowable subject matter.
Regarding claims 34, 74 and 87 the prior art of record in this reissue application does not show or teach “wherein the emitting element region extends into the peripheral region and overlaps with the driving circuit portion” as recited and in combination with the other features of the claims.
Regarding claims 41, 81 and 96 the prior art of record in this reissue application does not show or teach “wherein the corresponding driving element connected to each emitting element included in the additional emitting element region is further connected to another emitting element” as recited and in combination with the other features of the claims.
Regarding claim 43, the prior art of record in this reissue application does not show or teach “wherein a width of the sub-driving element region is narrower at an edge portion of the driving element region than at a center portion of the driving element region” as recited and in combination with the other features of the claim.
Regarding claims 83 and 98 the prior art of record in this reissue application does not show or teach “wherein a width of the sub-driving element region is narrower at an edge portion of the driving element region than at a center portion of the driving element region” as recited and in combination with the other features of the claims.
Regarding claim 92, the prior art of record in this reissue application does not show or teach “wherein the first connection electrode extends from within the driving element region into the peripheral region” as recited and in combination with the other features of the claim.
IX. PRIOR OR CONCURRENT PROCEEDINGS
Applicant is reminded of the obligation apprise the Office of any prior or concurrent proceedings in which the 904 Patent is or was involved, such as interferences or trials before the Patent Trial and Appeal Board, reissues, reexaminations, or litigations and the results of such proceedings.
X. INFORMATION MATERIAL TO PATENTABILITY
Applicant is further reminded of the continuing obligation under 37 C.F.R. §1.56 to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
XI. CONCLUSION
Claims 31-110 are pending.
Claims 31-33, 35-40, 42, 59, 61-69, 71-73, 75-80, 82, 84-86, 88-91, 93-95, 97 and 99-110 are rejected.
Claims 44-58, 60 and 70 are allowed.
Claims 34, 41, 43, 74, 81, 83, 87, 92, 96 and 98 are objected to.
The prior art made of record which is considered pertinent to Applicant’s disclosure is listed on the document titled ‘Notice of Reference Cited’ (“PTO-892”). Unless expressly noted otherwise by the Examiners, all documents listed on the PTO-892 are cited in their entirety.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to KENNETH WHITTINGTON whose telephone number is (571) 272-2264. The Examiner can normally be reached on 8:30am - 5:00pm, Monday - Friday.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Andrew J. Fischer, SPE Art Unit 3992, can be reached at (571) 272-6779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9900.
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/KENNETH WHITTINGTON/Primary Examiner, Art Unit 3992
Conferees:
/MY TRANG TON/Primary Examiner, Art Unit 3992
/ANDREW J. FISCHER/Supervisory Patent Examiner, Art Unit 3992