Sang-Shin Lee

Patent Trials and Appeals Board

Dec 2, 2019

13872018 - (D) (P.T.A.B. Dec. 2, 2019)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
13/872,018 04/26/2013 Sang-Shin Lee 072827/411598-01497 4833
23363 7590 12/02/2019
Lewis Roca Rothgerber Christie LLP
PO BOX 29001
Glendale, CA 91209-9001
EXAMINER
YANG, KWANG-SU
ART UNIT PAPER NUMBER
2691
NOTIFICATION DATE DELIVERY MODE
12/02/2019 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):
pair_cph@firsttofile.com
pto@lrrc.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
________________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
________________

Ex parte SANG-SHIN LEE
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Appeal 2018-004596
Application 13/872,018
Technology Center 2600
________________

Before ST. JOHN COURTENAY III, JOHN P. PINKERTON, and
JASON J. CHUNG, Administrative Patent Judges.

CHUNG, Administrative Patent Judge.

DECISION ON APPEAL
Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals the Final Rejection
of claims 1–5, 7–14, and 17.2 We have jurisdiction under 35 U.S.C. § 6(b).
We affirm-in-part.
INVENTION
The invention relates to a pixel arrangement structure for an organic
light emitting diode (OLED) display. Spec. ¶ 2. Claims 1 and 11 are
illustrative of the invention and are reproduced below:
1. A pixel arrangement structure of an organic light
emitting diode (OLEO) display, comprising:

1 We use the word “Appellant” to refer to “applicant” as defined in
37 C.F.R. § 1.42. According to Appellant, Samsung Display Co., Ltd. is the
real party in interest. Appeal Br. 1.
2 Claims 6, 15, and 16 are cancelled. Appeal Br. 12, 14.
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a plurality of individually addressable pixels for
displaying images, the individually addressable pixels being
minimum addressable units of the OLEO display and
comprising:
a first pixel having a center coinciding with a center of a
virtual square;
another first pixel having a center coinciding with a center
of another virtual square, the virtual squares sharing a common
side having endpoints at a common first vertex and a common
second vertex of the virtual squares, with neighboring vertices in
each of the virtual squares corresponding to pixels configured to
emit different color light;
a second pixel separated from the first pixels and having a
center at the first vertex;
an other first pixel on a line defined by the center of the
virtual square and the first vertex, the first pixel, the second pixel,
and the other first pixel being consecutive pixels on the line; and
a third pixel separated from the first pixels and the second
pixel, and having a center at the second vertex,
wherein the second pixel and the third pixel have
polygonal shapes, and
wherein the second pixel has a larger area than that of the
third pixel.

Appeal Br. 11 (Claims Appendix).

11. A pixel arrangement structure of an organic light
emitting diode (OLEO) display, comprising:
a plurality of individually addressable pixels for
displaying images, the individually addressable pixels being
minimum addressable units of the OLEO display and
comprising:
a first pixel having a center coinciding with a center of a
virtual square;
another first pixel having a center coinciding with a center
of another virtual square, the virtual squares sharing a common
side having endpoints at a common first vertex and a common
second vertex of the virtual squares, with neighboring vertices in
each of the virtual squares corresponding to pixels configured to
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emit different color light;
a second pixel separated from the first pixels and having a
center at the first vertex; and
a third pixel separated from the first pixels and the second
pixel, and having a center at the second vertex,
the first pixel, the second pixel, and the third pixel have
polygonal shapes,
a shortest distance between the first pixel and the second
pixel as well as a shortest distance between the first pixel and the
third pixel is a same first length, and
a shortest distance between the first pixels is a second
length that is longer than the first length and a shortest distance
between each of the second pixels and the third pixels.

Id. at 13–14 (Claims Appendix).

REJECTIONS AT ISSUE3
Claim 11 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by Credelle (US 2003/0128179 A1; published July 10, 2003).
Final Act. 2–4; Ans. 3–5.
Claims 1–5 and 12 stand rejected under 35 U.S.C. § 103 as being
unpatentable over the combination of Credelle and Kim (US 2004/0183764
A1; published Sept. 23, 2004). Final Act. 4–8; Ans. 6–9.
Claims 7–10, 14, and 17 stand rejected under 35 U.S.C. § 103 as
being unpatentable over the combination of Credelle, Kim, and Chao (US
2008/0001525 A1; published Jan. 3, 2008). Final Act. 8–11; Ans. 9–12.
Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable

3 Appellant refers to claim 11 as being rejected under 35 U.S.C. § 103 in its
heading. Appeal Br. 7. However, claim 11 is rejected under 35 U.S.C.
§ 102(b), not under 35 U.S.C. § 103. We, therefore, consider Appellant’s
inclusion of claim 11 as being rejected under 35 U.S.C. § 103 as a
typographical error.
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over the combination of Credelle, Kim, and Inuiya (US 6,882,364 B1; issued
Apr. 19, 2005). Final Act. 12; Ans. 12–13.
ANALYSIS
I. Claim 11 Rejected Under 35 U.S.C. § 102(b)
The Examiner finds Credelle discloses the shortest distance between
blue pixel 102 and green pixel 106 and the shortest distance between blue
pixel 102 and red pixel 104 are the same, which the Examiner maps to the
limitation “a shortest distance between the first pixel and the second pixel as
well as a shortest distance between the first pixel and the third pixel is a
same first length” recited in claim 11. Final Act. 4 (citing Credelle, Fig.
18A); Ans. 5 (citing Credelle, Fig. 18A). The Examiner finds Credelle
discloses a shortest distance between blue pixels 102 is longer than the
shortest distance between blue pixel 102 and green pixel 106 and the
shortest distance between blue pixel 102 and red pixel 104, and a shortest
distance between each of green pixels 106 and red pixels 105, which the
Examiner maps to the limitation “a shortest distance between the first pixels
is a second length that is longer than the first length and a shortest distance
between each of the second pixels and the third pixels” recited in claim 11.
Final Act. 4 (citing Credelle, Fig. 18A); Ans. 5, 14–15 (citing Credelle, Figs.
18A, 18B).
Appellant argues it is unclear how some vague distance could be
interpreted reasonably as specifically providing “a same first length,” “a
second length that is longer than the first length,” and a third length
corresponding to “a shortest distance between each of the second pixels and
the third pixels” such that the second length is also longer than the third
length. Appeal Br. 6; Reply Br. 2. We agree with Appellant.
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The cited portions of Credelle do not disclose any specific lengths.
Credelle, Figs. 18A, 18B (cited at Final Act. 4; Ans. 5, 14–15). Nor does the
Examiner provide sufficient explanation as to why the cited portions of
Credelle inherently disclose “a shortest distance between the first pixel and
the second pixel as well as a shortest distance between the first pixel and the
third pixel is a same first length” and “a shortest distance between the first
pixels is a second length that is longer than the first length and a shortest
distance between each of the second pixels and the third pixels” recited in
claim 11.
Accordingly, we do not sustain the Examiner’s rejection of claim 11
under 35 U.S.C. § 102(b).
II. Claims 1–5, 7–10, 12–14, and 17 Rejected Under 35 U.S.C. § 103
The Examiner finds Credelle teaches that other shapes and vertical
offsets are possible. Ans. 16 (citing Credelle ¶¶ 27–28). The Examiner
finds Kim teaches a green sub-pixel is larger than a red sub-pixel, which the
Examiner maps to the limitation “wherein the second pixel has a larger area
than that of the third pixel” recited in claim 11. Final Act. 7 (citing Kim,
Fig. 3); Ans. 8 (citing Kim, Fig. 3). The Examiner finds an artisan would
have been motivated at the time of the invention to combine Credelle’s pixel
arrangement with Kim’s different sub-pixel sizes because the different sub-
pixel sizes can correct white balance and the color coordinates. Final Act. 7;
Ans. 8.
Appellant argues the combination of Credelle and Kim amounts to
impermissible hindsight because Credelle teaches “displacements” of pixel
arrangement structures and does not disclose, teach, or suggest modifying
the sizes of the pixels and Kim teaches a pixel arrangement that is
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structurally different from the pixel arrangement in Credelle. Appeal Br. 7–
9; Reply Br. 3–4. We disagree with Appellant.
We disagree with Appellant’s argument that a person having ordinary
skill in the art would not combine the teachings of Credelle and Kim without
using impermissible hindsight reconstruction. Appeal Br. 7–9; Reply Br. 3–
4. Appellant has not provided persuasive evidence that combining the
respective teachings of the references (as proffered by the Examiner — Final
Act. 7; Ans. 8) would have been “uniquely challenging or difficult for one of
ordinary skill in the art,” or that such a combination would have
“represented an unobvious step over the prior art.” Leapfrog Enters., Inc. v.
Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007). Nor has Appellant
provided any objective evidence of secondary considerations, which, as our
reviewing court explains, “operate[] as a beneficial check on hindsight.”
Cheese Systems, Inc. v. Tetra Pak Cheese and Powder Systems, Inc., 725
F.3d 1341, 1352 (Fed. Cir. 2013).
Moreover, Credelle teaches that other shapes and vertical offsets are
possible; other shapes at least suggest different sizes because when a skilled
artisan changes a shape, the response of changing the shape may alter the
area or size. Credelle ¶¶ 27–28 (cited at Ans. 16). And we agree with the
Examiner’s finding that an artisan would have been motivated at the time of
the invention to combine Credelle’s system with Kim’s different sub-pixel
sizes because the different sub-pixel sizes can correct white balance and
color coordinate. Final Act. 7; Ans. 8.
Appellant does not argue claims 2–5, 7–10, 12–14, and 17 separately
with particularity, but asserts the rejections of those claims should be
withdrawn for at least the same reasons as argued in independent claim 1.
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Appeal Br. 7–9; Reply Br. 4. Accordingly, we sustain the Examiner’s
rejections of independent claim 1, and dependent claims 2–5, 7–10, 12–14,
and 17, under 35 U.S.C. § 103.
We have only considered those arguments that Appellant actually
raised in the Briefs. Arguments Appellant could have made, but chose not to
make, in the Briefs have not been considered and are deemed to be waived.
See 37 C.F.R. § 41.37(c)(1)(iv) (2017).
CONCLUSION

No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). See
37 C.F.R. § 1.136(a)(1)(iv).
AFFIRMED-IN-PART

Claim(s)
Rejected
35 U.S.C.
§
Reference(s)/Basis Affirmed Reversed
11 102(b) Credelle 11
1–5, 12 103 Credelle, Kim 1–5, 12
7–10, 14,
17
103 Credelle, Kim,
Chao
7–10, 14,
17

13 103 Credelle, Kim,
Inuiya
13
Overall
Outcome
1–5, 7–10,
12–14, 17
11