Prosecution Insights
Last updated: April 19, 2026
Application No. 17/856,383

Display Device and Manufacturing Method Thereof

Non-Final OA §103
Filed
Jul 01, 2022
Examiner
SIPLING, KENNETH MARK
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Semiconductor Energy Laboratory Co. Ltd.
OA Round
3 (Non-Final)
100%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
2 granted / 2 resolved
+32.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
45 currently pending
Career history
47
Total Applications
across all art units

Statute-Specific Performance

§103
61.0%
+21.0% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 resolved cases

Office Action

§103
DETAILED ACTION 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 . Continued Examination A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/17/2025 has been entered. Status of the Application The Amendment filed on 10/17/25, responding to the Office action mailed on 7/18/25, has been entered into the record. The present Office action is made with all the suggested amendments being fully considered. Accordingly, claims 1-3 and 5-10 are pending in this application. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claim 1 objected to because of the following informalities: Claim 1, line 4 recites the limitation " a first EL layer" replaced with --a first electroluminescent (EL) layer--. Appropriate correction is required. 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-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1, 3, 5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshitoku (US 20130084664 A1, cited in IDS) in view of Naganuma (US 20170141167 A1), Yoshitani (US 20160103649 A1), and Yokouchi (US 20060156546 A1). Re Claim 1 Yoshitoku teaches a method of manufacturing a display device (Fig. 2A-2k), comprising: a first step of forming a first pixel electrode (11a) [0029] and a second pixel electrode (11b) [0029] (FIG 2A) which are apart from each other; a second step of forming a first EL layer (12a) [0030], a first layer (21), and a second layer (22) over the first pixel electrode (FIG. 2B-2D); a third step of forming a second EL layer (12b), a third layer (21), and a fourth layer (22) [0096] (FIG. 2H-2I) over the second pixel electrode (11b) and then forming an insulating film (21, FIG. 2J, [0057] states 21 may include polyethylene glycol) covering the first layer (21), the second layer (22), the third layer (21), and the fourth layer (22); and wherein the second and fourth layers (22) contain materials that reflect or absorbs the light [0062]. Modified FIG. 2J shown below PNG media_image1.png 502 1099 media_image1.png Greyscale Yoshitoku does not each a fourth step of forming a resin layer covering an end portion of the second layer and an end portion of the fourth layer by applying a photosensitive resin, exposing the photosensitive resin to light, and developing the photosensitive resin; a fifth step of exposing a top surface of the first EL layer and a top surface of the second EL layer by etching parts of the first layer, the second layer, the third layer, and the fourth layer which are not covered with the resin layer; and a sixth step of forming a common electrode covering the first EL layer, the second EL layer, the insulating film, and the resin layer, Naganuma teaches a method of manufacturing a display device, comprising a step of forming a resin layer (109) [0040] (FIG. 7) covering an end portion of the second layer and an end portion of the fourth layer (use 205 as 2nd and 4th layers, [0052]) by applying a photosensitive resin, exposing the photosensitive resin to light, and developing the photosensitive resin (FIG. 8); and a step of exposing a top surface of the first EL layer (105) [0037] and a top surface of the second EL (process can be repeated) layer by etching ([0056] states, “An opening 110 is formed in the bank layer 109 so that the bank layer 109 runs onto a peripheral portion of the light emitting layer 105 and exposes a central portion of the light emitting layer 105.” a step of forming a common electrode (107) [0043] covering the first EL layer (105R), the second EL layer (105G), and the resin layer (109, FIG. 11). Since Yoshitoko and Naganuma in the same field of endeavor, a person having ordinary skill in the art at the time of invention would have recognized that using a patterned resin layer to facilitate the placement of the common electrodes onto the EL layers could be applied the same way and would have yielded predictable results. The modified method of Yoshitoko and Naganuma would have the predictable result of forming a resin layer covering an end portion of the second layer and an end portion of the fourth layer by applying a photosensitive resin, develop the photosensitive resin, etching parts of the first layer, second layer, the third layer, and the fourth layer which are not covered with the resin layer, and cover the first EL layer, the second EL layer, and the resin layer with a common electrode. The claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in another situation. KSR Int'l Co. v. Teleflex Inc. 550 U.S. __, 82USPQ2d 1385 (Supreme Court 2007) (KSR). Yoshitoku in view of Naganuma does not teach forming a common electrode covering the insulating film. Yoshitani teaches forming a common electrode (835) [0175] covering the insulating film (817, FIG. 9C) [0175]. The ordinary artisan would have motivated to modify Yoshitani in combination with Yoshitoku in view of Naganuma in the above manner since Yoshitani teaches a semiconductor device integrating EL elements. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Yokouchi into the method of Yoshitoku in view of Naganuma to add a common electrode over the insulating layer to help the device reach optimal contrast. [0005] states, “A display device including such an organic EL element needs no backlight which is necessary for liquid crystal display devices and the like; therefore, thin, lightweight, high contrast, and low power consumption display devices can be obtained.” Yoshitoku in view of Naganuma and Yoshitani does not teach the light used for fourth step contains ultraviolet light. Yokouchi teaches a method with a step of exposing a photosensitive resin layer (104) [0078] to light, and the light contains ultraviolet light. (108) [0079] (FIG. 5C). The ordinary artisan would have motivated to modify Yokouchi in combination with Yoshitoku in view of Naganuma and Yoshitani in the above manner since Yokouchi teaches integrating an ultraviolet light into a fab process. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Yokouchi into the method of Yoshitoku in view of Naganuma and Yoshitani to expose the photosensitive resin layer to ultraviolet light and help keep manufacturing costs to a minimum. [0005] states, “A characteristic feature of the electroforming method is that it allows nozzle plates to be manufactured at low cost…” Re claim 3 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches a step of exposing a photosensitive resin layer (Yokouchi, 104) [0078] to light, and the light contains ultraviolet light. (108) [0079] (FIG. 5C). Re claim 5 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches the method of manufacturing a display device, according to claim 1,wherein part of the insulating film which is not covered with the resin layer is removed in the fifth step (Naganuma, FIG.8, [0041] states, “An opening 110 is formed in the bank layer 109 so that the bank layer 109 runs onto a peripheral portion of the light emitting layer 105 and exposes a central portion of the light emitting layer 105.” The process can be completed by etching with an etching mask). Re claim 7 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches a method of manufacturing a display device, according to claim 1, wherein each of the second and fourth layers (Yoshitoku, 22) contain silicon [0108]. Re claim 8 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches a method of manufacturing a display device, according to claim 1, wherein each of the second and fourth layers (Yoshitoku, 22) contain carbon [0111]. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshitoku (US 20130084664 A1, cited in IDS) in view of Naganuma (US 20170141167 A1), Yoshitani (US 20160103649 A1), and Yokouchi (US 20060156546 A1) and further in view of Itami (US 20040144754 A1). Re claim 2 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches the method of manufacturing a display device according to claim 1, Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi does not teach changing a resin layer in shape by heat treatment. Itami teaches a method of changing the resin layer 20 [0161] in shape (FIG. 3D) by heat treatment [0160]. The ordinary artisan would have been motivated to modify Itami in combination with Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi in the above manner since Itami teaches a method of forming an LCD display device. It would have been obvious to one ordinary skill in the art before the effective filing date of claimed the invention to incorporate the teaching as taught by Itami into the structure of Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi to obtain an optimal resin layer groove depth profile. [0160] states, “…by performing the heat processing in the final bake, the random micro-grooves MG are formed…” Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshitoku (US 20130084664 A1, cited in IDS) in view of Naganuma (US 20170141167 A1), Yoshitani (US 20160103649 A1), and Yokouchi (US 20060156546 A1) and further in view of Maeda (US 20160104760 A1). Re claim 9 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teaches the method of manufacturing a display device according to claim 1, wherein each of the first layer (Yoshitoku, 21) and the third layer (21) contain an element [0057] different from an element contained in the second layer (22) and fourth layer (22) [0062], Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi does not teach the first layer and third layers contain aluminum oxide. Maeda teaches a method, where the first layer (315) and third layer (315) each contain aluminum oxide [0068], The ordinary artisan would have been motivated to modify Maeda in combination with Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi since Maeda teaches a method of forming a semiconductor device with EL elements. It would have been obvious to one ordinary skill in the art before the effective filing date of claimed the invention to incorporate the teaching as taught by Maeda into the structure of Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi to use aluminum oxide for the first layer and third layer as optimal materials will help the device reach peak performance and have the ability to show an array of colors. [0003] states, “An EL element can emit light in colors of various wavelengths by selecting a light emitting material which forms a light emitting layer, and their application to display devices and lighting fixtures is progressing.” Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshitoku (US 20130084664 A1, cited in IDS) in view of Naganuma (US 20170141167 A1), Yoshitani (US 20160103649 A1), and Yokouchi (US 20060156546 A1) and further in view of Kimura (US 20120252151 A1). Re claim 10 Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi teach the method of manufacturing a display device according to claim 1, however, they do not teach wet etching the first layer and third layer to expose a top surface of the first EL layer and a top surface of the second EL layer, Kimura teaches a method of wet etching [0073] through parts or the whole of the first layer (41) (FIG. 2A, 2C) and the third layer (41) (FIG. 2A, 2C) to expose a top surface of the first EL layer (22a) [0073] (FIG. 2A, 2C) and a top surface of the second EL layer (22a) [0073] (FIG. 2A, 2C). The ordinary artisan would have been motivated to modify Kimura in combination with Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi since Kimura teaches a semiconductor device with EL layer integration. It would have been obvious to one ordinary skill in the art before the effective filing date of claimed the invention to incorporate the teaching as taught by Kimura into the structure of Yoshitoku in view of Naganuma, Yoshitani, and Yokouchi to wet etch through parts or the whole of the first layer and the third layers to expose the top surface of the first EL layer and a top surface of the second EL layer. The process can be repeated for each EL layer explaining why the materials (41) and (22a) are used twice. Optimally etching the device is critical to obtain the desired color scheme in the device. [0009] states, “In a display in which organic EL elements of three colors, i.e., RGB, are arranged, when the above-mentioned patterning process (steps (a) to (d)) is carried out three times, members such as the pixel division layer (bank) are subjected to the etching three times at the maximum.” Response to Arguments Applicant’s arguments with respect to claims 1-3 and 5-10 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 6 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MARK SIPLING whose telephone number is (571)272-3269. The examiner can normally be reached 10 AM - 6 PM EST. 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, Eva Montalvo can be reached at (571) 270-3829. 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. /KENNETH MARK SIPLING/ Examiner, Art Unit 2818 /DUY T NGUYEN/Primary Examiner, Art Unit 2818 1/21/26
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Prosecution Timeline

Jul 01, 2022
Application Filed
Feb 07, 2025
Non-Final Rejection — §103
May 08, 2025
Response Filed
Jul 09, 2025
Final Rejection — §103
Oct 17, 2025
Request for Continued Examination
Oct 29, 2025
Response after Non-Final Action
Jan 21, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 3 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allow rate.

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