`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/473, 156
`
`09/13/2021
`
`Minsik Jung
`
`SD-T21065-YP
`
`9079
`
`KILE PARK REED & HOUTTEMAN PLLC
`JAE Y PARK
`1101 30th Street, N.W.
`suite 30
`Washington, DC 20007
`
`LEE, KYOUNG
`
`Pana NO
`
`2817
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/30/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`email @kilepark.com
`info@kilepark.com
`jpark @kilepark.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Application No.
`Applicant(s)
`171473,156
`Jung etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`KYOUNG LEE
`2817
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 2/21/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`Claim(s) 1-12 is/are allowed.
`Claim(s) 13-18 and 20 is/are rejected.
`)
`Claim(s) 19 is/are objectedto.
`(J Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 9/13/2021 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`__c)LJ None ofthe:
`b)LJ Some**
`a)¥) All
`1.{¥) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240425
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 1-2, 4, 6-11, 13-18 and 20 have
`
`been considered but are moot because the new ground ofrejection does not rely on any
`
`reference applied in the prior rejection of record for any teaching or matter specifically
`
`challenged in the argument. Amendments to claim 1 and 5 overcome the prior art.
`
`Therefore, claims 1-12 are allowed. Applicant amended claim 13 with similar
`
`distinguishing features as amendedclaim 1, but the similar distinguishing features in
`
`claim 13 does not overcome the reference CHOI et al. (US Patent Appl. Pub. No.
`
`2009/0315451 A1) (see rejection below).
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis (i.e., changing from AIA to pre-AlA) for the rejection will
`
`not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same undereither status.
`
`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 madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 3
`
`(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 effectivefiling date of the claimed
`invention.
`
`Claim(s) 13-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`CHOI et al. (US Patent Appl. Pub. No. 2009/0315451 A1).
`
`[Re claim 13] CHOI discloses the display apparatus comprising: a substrate
`
`(110) comprising a display area (where pixels (PX) are located) and a peripheral area
`
`(where pad units are located) outside the display area; a thin-film transistor (Qs/Qd) and
`
`a display element (LD) arranged in the display area (see figure 1-2 and paragraph
`
`[0022]-[0031]); a pad (129) arranged in the peripheral area; a contact layer (81)
`
`electrically connected to the pad (129); and a pad-protecting layer (362) arranged on
`
`the contact layer, the pad-protecting layer (362) exposing a portion of the contact layer
`
`to the outside through a contact hole (181), wherein a planar shapeof the contact hole
`
`is arrangedinside a planar shapeof the contact layer (see figure 3-10 and paragraph
`
`[0034], [0055]-[0056], [0069], [0075]-[0081]).
`
`[Re claim 14] CHOI also discloses the display apparatus wherein the contact
`
`layer (81) comprises indium tin oxide (ITO) (see paragraph [0051]-[0052], [0080]).
`
`[Re claim 15] CHOI also discloses the display apparatus wherein the pad-
`
`protecting layer (362) comprises the contact hole (181) that exposesthe portion of the
`
`contact layer (81) (see figure 3).
`
`[Re claim 16] CHOI also discloses the display apparatus wherein the pad-
`
`protecting layer (362) shields a periphery of the contact layer (81) (see figure 3 and
`
`paragraph [0055]-[0056]).
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis (i.e., changing from AIA to pre-AlA) for the rejection will
`
`not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same undereither status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basisfor 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 effectivefiling 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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`CHOI et al. (US Patent Appl. Pub. No. 2009/0315451 A1) in view of OH (US Patent
`
`Appl. Pub. No. 2018/0321764 A1).
`
`[Re claim 17] CHOI discloses the device as claimed and rejected in claim 13, but
`
`Ohchi doesnot disclose the device wherein a thin-film encapsulation layer covering the
`
`display element, the thin-film encapsulation layer comprising at least one inorganic
`
`encapsulation layer and at least one organic encapsulation layer; and a top substrate
`
`overlapping the thin-film encapsulation layer, the top substrate facing the substrate. OH
`
`discloses the device wherein a thin-film encapsulation layer (140) covering the display
`
`element, the thin-film encapsulation layer (140) comprising at least one inorganic
`
`encapsulation layer (142, 146) and at least one organic encapsulation layer (144); anda
`
`top substrate (101) overlapping the thin-film encapsulation layer, the top substrate
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 5
`
`facing the substrate (see figure 2 and paragraph [0030], [(0042]).
`
`It would have been
`
`obvious to one ordinary skill in the art prior to the effectivefilling date of the
`
`instant application to a thin-film encapsulation layer covering the display element, the
`
`thin-film encapsulation layer comprising at least one inorganic encapsulation layer and
`
`at least one organic encapsulation layer; and a top substrate overlapping the thin-film
`
`encapsulation layer, the top substrate facing the substrate in the device of CHOI in
`
`order to prevents permeation of external moisture or oxygeninto the light-emitting
`
`device.
`
`Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over CHOI et al. (US Patent Appl. Pub. No. 2009/0315451 A1) in view of OH (US Patent
`
`Appl. Pub. No. 2018/0321764 A1) and Park et al. (US Patent Appl. Pub. No.
`
`2013/0242372 A1).
`
`[Re claim 18] The combined teachings of CHOI and OH disclose the device as
`
`claimed and rejected in claim 17, but CHOI and OH do notdisclose the device wherein
`
`the top substrate comprises color-converting layers corresponding to at least a portion
`
`of a plurality of pixels of the display apparatus, the color converting layers comprising
`
`quantum dots. Park discloses the device wherein the top substrate comprises color-
`
`converting layers (230) corresponding to at least a portion of a plurality of pixels of the
`
`display apparatus, the color converting layers comprising quantum dots (see figure 1 or
`
`20 and paragraph [0110], [0143]-[0144]).
`
`It would have been obvious to one ordinary
`
`skill in the art prior to the effective filling date of the instant application to the top
`
`substrate comprises color-converting layers corresponding to at least a portion of a
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 6
`
`plurality of pixels of the display apparatus, the color converting layers comprising
`
`quantum dots in the device of CHOI in order to implementfull color display.
`
`[Re claim 20] Park also discloses the device wherein the top substrate comprises
`
`color filters (230) corresponding to a plurality of pixels of the display apparatus (see
`
`figure 1 or 20 and paragraph [0143]-[0144]).
`
`Allowable Subject Matter
`
`Claim 19 objected to as being dependent upona 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.
`
`Claims 1-12 are allowed.
`
`The following is an examiner's statementof reasons for allowance: Claim 1
`
`allowable becauseofthe prior art, either singly or in combination, fails to anticipate or
`
`render obvious, the device, wherein a pad arranged in the peripheral area; a contact
`
`layer electrically connected to the pad; and a pad-protecting layer on the contactlayer,
`
`the pad-protecting layer exposing a portion of the contact layer to the outside through a
`
`contact hole, wherein the pad comprises: a first pad layer connected to a connection
`
`wiring throughafirst contact hole; and a second pad layer spaced apart from the first
`
`pad layer and connectedto thefirst pad layer through a second contact hole, wherein a
`
`planar shape of the contact hole is arranged inside a planar shape of the contactlayer.
`
`These features in combination with the other elements of the claim are neither disclosed
`
`nor suggested bythe prior art of record.
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 7
`
`The following is an examiner's statementof reasons for allowance: Claim 5
`
`allowable becauseofthe prior art, either singly or in combination, fails to anticipate or
`
`render obvious, the device, wherein ;a pad arrangedin the peripheral area; a contact
`
`layer electrically connected to the pad; and a pad-protecting layer on the contactlayer,
`
`the pad-protecting layer exposing a portion of the contact layer to the outside, wherein
`
`the pad comprises: a first pad layer connected to a connection wiring through a first
`
`contact hole; and a second pad layer spaced apart from thefirst pad layer and
`
`connected to the first pad layer through a plurality of second contact holes, wherein the
`
`plurality of second contact holes are arrangedinside a shapeof the first contact hole in
`
`a plan view. These features in combination with the other elements of the claim are
`
`neither disclosed nor suggested by the prior art of record.
`
`Claims 2-4 and 6-12 depend from claim 1 so they are allowable for the same
`
`reason.
`
`Conclusion
`
`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 eventafirst reply is filed within
`
`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 8
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee 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 date of this final action.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KYOUNG LEE whosetelephone numberis (571)272-
`
`1982. The examiner can normally be reached M to F, 10am to 6pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Eliseo Ramos-Feliciano can be reached on (571)272-7925. The fax phone
`
`numberfor 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 Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
`
`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
`
`
`
`Application/Control Number: 17/473,156
`Art Unit: 2817
`
`Page 9
`
`(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.
`
`/KYOUNG LEE/
`Primary Examiner, Art Unit 2817
`
`

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