Prosecution Insights
Last updated: October 02, 2026
Application No. 18/065,152

SENSOR EMBEDDED DISPLAY PANEL AND ELECTRONIC DEVICE

Final Rejection §103§112
Filed
Dec 13, 2022
Priority
May 31, 2022 — RE 10-2022-0067158
Examiner
NGUYEN, SOPHIA T
Art Unit
1786
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung Electronics Co., Ltd.
OA Round
2 (Final)
45%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
59%
With Interview

Examiner Intelligence

Grants 45% of resolved cases
45%
Career Allowance Rate
236 granted / 528 resolved
-20.3% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
71 currently pending
Career history
617
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 528 resolved cases

Office Action

§103 §112
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to foreign application KR10-20220067158 filed on 05/31/2022. The foreign application is not in English. The certified copy of the foreign priority application KR10-20220067158 has been received. Filing Dates for the Claims — All Claims Not Entitled to Priority Date To be entitled to the filing date of the foreign priority application KR10-20220067158 that is not in English, an English translation of the non-English language foreign application KR10-20220067158 and a statement that the translation is accurate in accordance with 37 CFR 1.55 is required to perfect the claim for priority under 35 U.S.C. 119 (a)-(d). The foreign application must adequately support the claimed subject matter, meaning satisfy the written description and enablement requirements of 35 U.S.C. 112(a). See MPEP §§ 215 and 216. 37 C.F.R. 1.55(g)(3)(ii)-(iii). To demonstrate compliance with 35 U.S.C. 112(a), applicant should point to support for their claimed subject matter in their translations. Response to Amendment Applicant’s amendment dated 07/28/2026, in which claims 1, 9-10, 14, 19 were amended, has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, claim 1 recites “the sublimation temperature of the fluorine-containing p- type semiconductor”. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Action, the above limitation of claim 1 will be interpreted and examined as --a sublimation temperature of the fluorine-containing p- type semiconductor--. Regarding claim 9, claim 9 recites “a sublimation temperature of the fluorine-containing p-type semiconductor”. It is unclear if “a sublimation temperature of the fluorine-containing p-type semiconductor” recited in claim 9 is the same or different from “the sublimation temperature of the fluorine-containing p-type semiconductor” recited in claim 1. For the purpose of this Action, the above limitation of claim 9 will be interpreted and examined as --the sublimation temperature of the fluorine-containing p- type semiconductor--. Claims depending from the rejected claims noted above are rejected at least on the same basis as the claim(s) from which the dependent claims depend. Appropriate correction is required. 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. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Pub. 20200212138) in view of Shin et al. (US Pub. 20210135136) and Okubo et al. (US Pub. 20110036406) as evidenced by Barr et al. (US Pub. 20240298514). Regarding claims 1 and 9, Lee et al. discloses in Fig. 7, Fig. 10, paragraph [0100]-[0104], [0110], [0117]-[0124] a sensor-embedded display panel, comprising a substrate [BL and DP-CL]; a light emitting element [ODL] on the substrate [BL], the light emitting element [ODL] including a light emitting layer [EML3], and a photosensor [OPV-3] on the substrate [BL and DP-CL], the photosensor [OPV-3] including a photosensitive layer [PL-2] in parallel with the light emitting layer [EML3] along an in-plane direction of the substrate [BL and DP-CL], wherein the light emitting element [ODL] and the photosensor [OPV-3] comprise respective portions of a first common auxiliary layer [HTR], the first common auxiliary layer [HTR] is continuous along the in-plane direction of the substrate [BL and DP-CL] and under each of the light emitting layer [EML3] and the photosensitive layer [PL-2]. Lee et al. fails to disclose the photosensitive layer comprises a fluorine-containing p-type semiconductor and a non-fullerene n-type semiconductor, and the non-fullerene n-type semiconductor forms a pn junction with the fluorine-containing p-type semiconductor. Shin et al. discloses in Fig. 1B, Fig. 1C, Fig. 2, paragraph [0108], [0155]-[0290] the photosensitive layer [30 or 32-2] comprises a fluorine-containing p-type semiconductor [30v] and a non-fullerene [i.e., thiophene or a thiophene derivative] n-type semiconductor [30n], and the non-fullerene n-type semiconductor [30n] forms a pn junction with the fluorine-containing p-type semiconductor [30v][paragraph [0154], [0159]-[0168], [0263]-[0266]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Shin et al. into the method of Lee et al. to include the photosensitive layer comprises a fluorine-containing p-type semiconductor and a non-fullerene n-type semiconductor, and the non-fullerene n-type semiconductor forms a pn junction with the fluorine-containing p-type semiconductor. The ordinary artisan would have been motivated to modify Lee et al. in the above manner for the purpose of providing a photosensitive layer with improved electrical, optical, and heat-resistance properties [paragraph [0264] of Shin et al.]. Lee et al. and Shin et al. fails to disclose the non-fullerene n-type semiconductor includes a compound represented by Chemical Formula 5 or 6: PNG media_image1.png 205 434 media_image1.png Greyscale wherein, in Chemical Formulas 5 and 6, R41 to R44, Ra1, and Ra2 are each independently hydrogen, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a halogen, a cyano group, or any combination thereof. Okubo et al. discloses in paragraph [0058], [0071], paragraph [0147] the non-fullerene n-type semiconductor includes a compound represented by Chemical Formula 5 or 6: PNG media_image1.png 205 434 media_image1.png Greyscale wherein, in Chemical Formulas 5 and 6, R41 to R44, Ra1, and Ra2 are each independently hydrogen, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a halogen, a cyano group, or any combination thereof, [“Examples of an n-type semiconductor material include: …naphthalenetetracarboxylic anhydride, naphthalenetetracarboxylic diimide”]. Naphthalenetetracarboxylic anhydride is a compound represented by Chemical Formula 6 in which R41 to R44 are each independently hydrogen. Naphthalenetetracarboxylic acid diimide or Naphthalenetetracarboxylic diimide is a compound represented by Chemical Formula 5 as evidenced in paragraph [0030] of Barr et al. (US Pub. 20240298514). It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Okubo et al. into the method of Lee et al. and Shin et al. to include the non-fullerene n-type semiconductor includes a compound represented by Chemical Formula 5 or 6. The ordinary artisan would have been motivated to modify Lee et al. and Shin et al. in the above manner for the purpose of providing suitable n-type semiconductor material in a photoelectric conversion layer [paragraph [0071] of Okubo et al.]. Lee et al., Shin et al. and Okubo et al. fails to disclose a sublimation temperature of the non-fullerene n-type semiconductor each are about 100 °C to about 400 °C; a difference between a sublimation temperature of the fluorine-containing p-type semiconductor and the sublimation temperature of the non-fullerene n-type semiconductor is greater than or equal to about 0°C and less than about 150 °C; wherein a sublimation temperature of the fluorine-containing p-type semiconductor is about 100 °C to about 400°C, and wherein a sublimation temperature is a temperature at which a weight loss of 10% relative to an initial weight occurs during thermogravimetric analysis at 10 Pa or less. However, Okubo et al. discloses the non-fullerene n-type semiconductor as claimed. Thus, the non-fullerene n-type semiconductor disclosed by Okubo et al. would have the claimed property of “a sublimation temperature of the non-fullerene n-type semiconductor each are about 100 °C to about 400 °C; wherein a sublimation temperature is a temperature at which a weight loss of 10% relative to an initial weight occurs during thermogravimetric analysis at 10 Pa or less”. Shin et al. discloses in paragraph [0044]-[0049], [0140]-[0151], [0157], [0162]-[0168], [0174]-[0233], [0249]-[0261], claims 6-11 a fluorine-containing p-type semiconductor represented by any one of Chemical Formulas 1 to 4 as claimed. Thus, the fluorine-containing p-type semiconductor disclosed by Shin et al. would have the claimed property of “wherein a sublimation temperature of the fluorine-containing p-type semiconductor is about 100 °C to about 400°C; wherein a sublimation temperature is a temperature at which a weight loss of 10% relative to an initial weight occurs during thermogravimetric analysis at 10 Pa or less”. Shin et al. and Okubo et al. discloses the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor as claimed. Thus, the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor disclosed by Shin et al. and Okubo would have a property of “a difference between a sublimation temperature of the fluorine-containing p-type semiconductor and the sublimation temperature of the non-fullerene n-type semiconductor is greater than or equal to about 0°C and less than about 150 °C; wherein a sublimation temperature is a temperature at which a weight loss of 10% relative to an initial weight occurs during thermogravimetric analysis at 10 Pa or less.” "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01 II. In addition, Applicant has not provided criticality of the claim ranges. It would have been obvious to modify Shin et al. and Lee et al. to provide a sublimation temperature of the non-fullerene n-type semiconductor each are about 100 °C to about 400 °C; a difference between a sublimation temperature of the fluorine-containing p-type semiconductor and the sublimation temperature of the non-fullerene n-type semiconductor is greater than or equal to about 0°C and less than about 150 °C; wherein a sublimation temperature of the fluorine-containing p-type semiconductor is about 100 °C to about 400°C, and wherein a sublimation temperature is a temperature at which a weight loss of 10% relative to an initial weight occurs during thermogravimetric analysis at 10 Pa or less for at least the purpose of optimization and routine experimentation to obtain fluorine-containing p-type semiconductor and non-fullerene n-type semiconductor having desired properties. The claimed ranges are merely optimizations, and as such are not patentable over the prior art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages." Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382. Regarding claim 2, Shin et al. discloses in paragraph [0157], [0162]-[0168] wherein the fluorine-containing p-type semiconductor [30v] is a light absorbing compound comprising an electron donating moiety and an electron accepting moiety, and the electron donating moiety comprises a fluorine. Regarding claim 3, Shin et al. discloses in paragraph [0044]-[0049], [0140]-[0151], [0157], [0162]-[0168], [0174]-[0233], [0249]-[0261], claims 6-11 wherein the fluorine-containing p-type semiconductor is a light absorbing compound represented by any one of Chemical Formulas 1 to 4: PNG media_image2.png 567 554 media_image2.png Greyscale wherein, in Chemical Formulas 1 to 4, X is O, S, Se, Te, SO, SO2, CRaRb, SiRcRd, or GeReRf, W1 toW10 are each independently N or CR100, and at least one of W1 toW8 is CR100, G1 and G2 are each independently a single bond, O, S, Se, Te, CRgRh, SiRiRj, or GeRkRl, A is an electron accepting moiety, R9 to R11, R100, and Ra to Rl are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C1 to C30 alkylthio group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a halogen, a cyano group, a nitro group, or any combination thereof, at least one of R100 and Rg to Rl is a fluorine, a fluorine-substituted C1 to C30 alkyl group, a fluorine-substituted C1 to C30 alkoxy group, a fluorine-substituted C1 to C30 alkylthio group, a fluorine-substituted C6 to C30 aryl group, a fluorine-substituted C3 to C30 heterocyclic group, or any combination thereof, and R9 to R11,R100, and Ra to Rl are each independently present or an adjacent two of R9 to R11,R100 and Ra to Rl are linked to each other to form a ring. [Chemical formula 1-2a in combination with EAM3 group I is similar to Chemical Formula 3 of the pending application; Chemical formula 1-3a in combination with EAM3 group I is similar to Chemical Formula 1 of the pending application. At least one compound in paragraph [0261] reads on Chemical Formula 1 or Chemical Formula 3]. Regarding claim 4, Shin et al. discloses in paragraph [0044]-[0049], [0140]-[0151], [0157], [0162]-[0168], [0174]-[0233], [0249]-[0261], claims 6-11 wherein the fluorine-containing p-type semiconductor [30v] is a light absorbing compound represented by any one of Chemical Formulas 1-1 to 4-1: PNG media_image3.png 319 610 media_image3.png Greyscale PNG media_image4.png 249 735 media_image4.png Greyscale wherein, in Chemical Formulas Chemical Formulas 1-1 to 4-1, X is O, S, Se, Te, SO, SO2, CRaRb, SiRcRd, or GeReRf, G1 and G2 are each independently a single bond, O, S, Se, Te, CRgRh, SiRiRj, or GeRkRl, A is a cyclic group comprising C=Z1, a halogen, a C1 to C30 haloalkyl group, a cyano group, a dicyanovinyl group, or any combination thereof, wherein Z1 is O, S, Se, Te, or CRmRn, wherein Rm and Rn are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C20 alkyl group, a carbonyl group, a cyano group, a dicyanovinyl group, or any combination thereof, and Rm and Rn are each independently present or are linked to each other to form a ring, R1 to R13 and Ra to Rl are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C30 alkyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C1 to C30 alkylthio group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a halogen, a cyano group, a nitro group, or any combination thereof, R1 toR13 and Ra to Rl are each independently present or an adjacent two of R1 to R13 and Ra to Rl are linked to each other to form a ring, at least one of R1 to R8 and Rg toRl in Chemical Formula 1-1 or 2-1 comprise a fluorine, and at least one of R1 to R8, R12, R13, and Rg to Rl in Chemical Formula 3-1 or 4-1 comprises a fluorine. [Chemical formula 1-2a in combination with EAM3 group I is similar to Chemical Formula 3-1 of the pending application; Chemical formula 1-3a in combination with EAM3 group I is similar to Chemical Formula 1-1 of the pending application. At least one compound in paragraph [0261] reads on Chemical Formula 1-1 or Chemical Formula 3-1]. Regarding claims 5-6, Shin et al. discloses in paragraph [0044]-[0049], [0140]-[0151], [0157], [0162]-[0168], [0174]-[0233], [0249]-[0261], claims 6-11 wherein in Chemical Formula 1-1, at least one of R1, R2, R3, R4, R5, R6, R7,R8, Rg, Rh, Ri, Rj, Rk, and Rl is fluorine, a fluorine-substituted C1 to C30 alkyl group, a fluorine-substituted C1 to C30 alkoxy group, a fluorine-substituted C1 to C30 alkylthio group, a fluorine-substituted C6 to C30 aryl group, a fluorine-substituted C3 to C30 heterocyclic group, or any combination thereof, and in Chemical Formula 3-1, at least one of R1, R2, R3, R4, R5, R6, R7,R8, R9, R10, R11,R12, R13, Rg, Rh, Ri, Rj, Rk, and Rl is fluorine, a fluorine-substituted C1 to C30 alkyl group, a fluorine-substituted C1 to C30 alkoxy group, a fluorine-substituted C1 to C30 alkylthio group, a fluorine-substituted C6 to C30 aryl group, a fluorine-substituted C3 to C30 heterocyclic group, or any combination thereof; wherein at least one of R2, R3, R6, and R7 of Chemical Formulas 1-1 to 4-1 is a fluorine, a fluorine-substituted C1 to C30 alkyl group, a fluorine-substituted C1 to C30 alkoxy group, a fluorine-substituted C1 to C30 alkylthio group, a fluorine-substituted C6 to C30 aryl group, a fluorine-substituted C3 to C30 heterocyclic group, or any combination thereof. Regarding claims 7 and 8, Shin et al. discloses in paragraph [0044]-[0049], [0140]-[0151], [0157], [0162]-[0168], [0174]-[0233], [0249]-[0261], claims 6-11 wherein A of Chemical Formulas 1 to 4 is a cyclic group comprising C=Z1, a halogen, a C1 to C30 haloalkyl group, a cyano group, a dicyanovinyl group, or any combination thereof, wherein Z1 is O, S, Se, Te, or CRmRn, wherein Rm and Rn are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C20 alkyl group, a carbonyl group, a cyano group, a dicyanovinyl group, or any combination thereof, and Rm and Rn are each independently present or are linked to each other to form a ring; wherein A of Chemical Formulas 1 to 4 is a cyclic group represented by any one of Chemical Formulas AA to AE: PNG media_image5.png 255 560 media_image5.png Greyscale PNG media_image6.png 236 480 media_image6.png Greyscale wherein, in Chemical Formulas AA to AE, Z1 to Z3 are each independently O, S, Se, Te, or CRmRn, wherein Rm and Rn are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C20 alkyl group, a carbonyl group, a cyano group, a dicyanovinyl group, or any combination thereof, and Rm and Rn are each independently present or are linked to each other to form a ring, Y is O, S, Se, or Te, Ar1 is a substituted or unsubstituted C6 to C30 arylene group, a substituted or unsubstituted C3 to C30 cycloalkylene group, a substituted or unsubstituted C3 to C30 cycloalkenylene group, a substituted or unsubstituted C2 to C30 heterocyclic group, or a fused ring thereof, R14 to R19 are each independently hydrogen, deuterium, a substituted or unsubstituted C1 to C20 alkyl group, a substituted or unsubstituted C2 to C30 alkenyl group, a substituted or unsubstituted C1 to C30 alkoxy group, a substituted or unsubstituted C1 to C30 alkylthio group, a substituted or unsubstituted C6 to C30 aryl group, a substituted or unsubstituted C3 to C30 heterocyclic group, a halogen, a cyano group, or any combination thereof, R14 to R19 are each independently present or an adjacent two of R14 to R19 are linked to each other to form a ring, and * is a linking point with any one of Chemical Formulas 1 to 4. [ PNG media_image7.png 498 405 media_image7.png Greyscale ] Regarding claim 10, Lee et al. discloses in Fig. 10, Fig. 11, paragraph [0006], [0074] wherein the light emitting layer [EML3] comprises an organic light emitting material. Shin et al. and Lee et al. fails to disclose a difference between the sublimation temperature of the fluorine-containing p-type semiconductor, the sublimation temperature of the non-fullerene n-type semiconductor, and a sublimation temperature of the organic light emitting material is greater than or equal to about 0°C and less than about 150 °C. However, Applicant has not provided criticality of the claim ranges. It would have been obvious to modify Shin et al. and Lee et al. to provide a difference between the sublimation temperature of the fluorine-containing p-type semiconductor, the sublimation temperature of the non-fullerene n-type semiconductor, and a sublimation temperature of the organic light emitting material is greater than or equal to about 0°C and less than about 150 °C for at least the purpose of optimization and routine experimentation to deposit the organic light emitting material, the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor having desired properties. The claimed ranges are merely optimizations, and as such are not patentable over the prior art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages." Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382. Regarding claim 11, Shin et al. and Lee et al. fails to disclose wherein a difference between a HOMO energy level of the fluorine-containing p-type semiconductor and a HOMO energy level of the first common auxiliary layer is greater than or equal to about 0 eV and less than about 1.0 eV. However, Applicant has not provided criticality of the claim ranges. It would have been obvious to modify Shin et al. and Lee et al. to provide wherein a difference between a HOMO energy level of the fluorine-containing p-type semiconductor and a HOMO energy level of the first common auxiliary layer is greater than or equal to about 0 eV and less than about 1.0 eV for at least the purpose of optimization and routine experimentation to achieve desired device performance. The claimed ranges are merely optimizations, and as such are not patentable over the prior art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages." Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382. Regarding claim 14, Lee et al. discloses in Fig. 7, paragraph [0054], [0066] wherein the light emitting element [ODL] comprises a first light emitting element [ODL1], a second light emitting element [ODL2], or and a third light emitting element [ODL3], the first light emitting element [ODL1], the second light emitting element [ODL2], and the third light emitting element [ODL3] are configured to emit light of different wavelength spectra from each other, and the photosensor [OPV] is configured to absorb reflected emitted light and configured to convert absorbed reflected emitted light into the electrical signal, the reflected emitted light is light emitted from at least one of the [ODL1], the second light emitting element [ODL2], or the third light emitting element [ODL3] and then reflected by a recognition target to the photosensor [OPV] and convert the absorbed light into an electrical signal. Note, the limitations “the third light emitting element are configured to emit light of different wavelength spectra from each other, and the photosensor is configured to absorb reflected emitted light and convert absorbed reflected emitted light into an electrical signal, the reflected emitted light is light emitted from at least one of the first light emitting element, the second light emitting element, or the third light emitting element and then reflected by a recognition target to the photosensor configured to convert the absorbed reflected emitted light into the electrical signal” directed to manner of operation of the claimed device. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). See MPEP 2114II. Regarding claims 15-16, Lee et al. discloses in Fig. 7, Fig. 10, paragraph [0082] a common electrode [EL2] configured to apply a common voltage to the light emitting element [ODL] and the photosensor [OPV]; wherein the light emitting element [ODL] and the photosensor [OPV] further comprise respective portions of a second common auxiliary layer [ETR], the second common auxiliary layer [ETR] is between the common electrode [EL2] and the light emitting layer [EML] and between the common electrode [EL2] and the photosensitive layer [PL], and the second common auxiliary layer [ETR] is continuous along the in-plane direction of the substrate [BP and DP-CL] and on the light emitting layer [EML] and the photosensitive layer [PL]. Regarding claim 17, Shin et al. and Lee et al. fails to disclose wherein a difference between a LUMO energy level of the non-fullerene n-type semiconductor and a LUMO energy level of the second common auxiliary layer is greater than or equal to about 0 eV and less than about 1.0 eV. However, Applicant has not provided criticality of the claim ranges. It would have been obvious to modify Shin et al. and Lee et al. to provide wherein a difference between a LUMO energy level of the non-fullerene n-type semiconductor and a LUMO energy level of the second common auxiliary layer is greater than or equal to about 0 eV and less than about 1.0 eV. for at least the purpose of optimization and routine experimentation to achieve desired device performance. The claimed ranges are merely optimizations, and as such are not patentable over the prior art. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). "The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages." Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382. Regarding claims 18-19, Lee et al. discloses in Fig. 6, Fig. 7, paragraph [0064]-[0066] wherein the sensor-embedded display panel comprises a display area [PXA] and a non-display area [NPXA] excluding the display area [PXA], the display area [PXA] is configured to display a color, and a non-display area [NPXA] excluding the display area [PXA], wherein the light emitting element [ODL] is in the display area [PXA], and the photosensor [OPV] is in the non-display area [NPXA]; wherein the light emitting element [ODL] comprises a first light emitting element [ODL1] configured to emit light of a red wavelength spectrum, a second light emitting element [ODL2] configured to emit light of a green wavelength spectrum, and a third light emitting element [ODL3] configured to emit light of a blue emission spectrum, the display area [PXA] comprises a plurality of first subpixels [PXA1] configured to display red, a plurality of second subpixels [PXA2] configured to display green, and a plurality of third subpixels [PXA3] configured to display blue, the plurality of first subpixels [PXA1] include the first light emitting element [ODL1], the plurality of second subpixels [PXA2] include the second light emitting element [ODL2], the plurality of third subpixels [PXA3] include the third light emitting element [ODL3], and the photosensor [OPV] is between two of a first subpixel among the plurality of first subpixels [PXA1], a second subpixel among the plurality of second subpixels [PXA2], and a third subpixel among the plurality of third subpixels [PXA3]. Regarding claim 20, paragraph [0002]-[0004] of Lee et al. discloses an electronic device comprising: a sensor-embedded display panel. The combination of Lee et al. and Shin et al. discloses the sensor-embedded display panel of claim 1. Consequently, the combination of Lee et al. and Shin et al. discloses limitation of claim 20. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Pub. 20200212138) in view of Shin et al. (US Pub. 20210135136), Okubo et al. (US Pub. 20110036406) as applied to claim 1 above and further in view of Sakurai et al. (US Pub. 20170069690). Regarding claim 12, Lee et al. fails to disclose wherein the non-fullerene n-type semiconductor is a transparent semiconductor that does not substantially absorb light in a visible wavelength spectrum, and the photosensitive layer consists of the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor. Sakurai et al. discloses in paragraph [0010], [0027], [0031]-0039], [0070], claim 1, claim 12 wherein the non-fullerene n-type semiconductor is a transparent semiconductor that does not substantially absorb light in a visible wavelength spectrum, and the photosensitive layer consists of the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor. Shin et al. discloses in Fig. 1C, paragraph [0066], [0070], [0277]-[0282] the photosensitive layer [32-2] consists of the fluorine-containing p-type semiconductor [30v] and the non-fullerene n-type semiconductor [30n]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Shin et al. and Sakurai et al. into the method of Lee et al. to include wherein the non-fullerene n-type semiconductor is a transparent semiconductor that does not substantially absorb light in a visible wavelength spectrum, and the photosensitive layer consists of the fluorine-containing p-type semiconductor and the non-fullerene n-type semiconductor. The ordinary artisan would have been motivated to modify Lee et al. in the above manner for the purpose of providing suitable non-fullerene n-type semiconductor and suitable configuration of the photosensitive layer to form a device having high photoelectric conversion efficiency and wavelength selectivity [paragraph [0008] of Sakurai et al.]. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US Pub. 20200212138) in view of Shin et al. (US Pub. 20210135136), Okubo et al. (US Pub. 20110036406) as applied to claim 1 above and further in view of Heo et al. (US Pub. 20200365661) Regarding claim 13, Lee et al. fails to disclose wherein the photosensitive layer comprises a first photosensitive layer and a second photosensitive layer, the first photosensitive layer consists of the fluorine-containing p-type semiconductor, the second photosensitive layer consists of the non-fullerene n-type semiconductor, and the first photosensitive layer is closer to the first common auxiliary layer than the second photosensitive layer. Shin et al. discloses in Fig. 1C, paragraph [0066], [0070], [0280] wherein the photosensitive layer comprises a first photosensitive layer and a second photosensitive layer, the first photosensitive layer consists of the fluorine-containing p-type semiconductor [30v], the second photosensitive layer consists of the non-fullerene n-type semiconductor [30n][ the first, second and third thin film layers of the photoelectric conversion layer may include separate, different materials of the first material 30p, second material 30n, or third material 30v]. Heo et al. discloses in Fig. 1C, Fig. 2, paragraph [0084]-[0108] wherein the photosensitive layer [30] comprises a first photosensitive layer [32p] and a second photosensitive layer [32n], the first photosensitive layer [32p] consists of the fluorine-containing p-type semiconductor [30p], the second photosensitive layer consists of the n-type semiconductor [30n], and the first photosensitive layer [32p] is closer to the first common auxiliary layer [48] than the second photosensitive layer [32n]. It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to incorporate the teachings of Shin et al. and Heo et al. into the method of Lee et al. to include wherein the photosensitive layer comprises a first photosensitive layer and a second photosensitive layer, the first photosensitive layer consists of the fluorine-containing p-type semiconductor, the second photosensitive layer consists of the non-fullerene n-type semiconductor, and the first photosensitive layer is closer to the first common auxiliary layer than the second photosensitive layer. The ordinary artisan would have been motivated to modify Lee et al. in the above manner for the purpose of providing suitable configuration of the photosensitive layer to achieve desired device performance. Response to Arguments Applicant’s arguments with respect to claims 1-20 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. Overall, Applicant’s arguments are not persuasive. The claims stand rejected and the Action is made FINAL. 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 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 SOPHIA T NGUYEN whose telephone number is (571)272-1686. The examiner can normally be reached 9:00am -5:00 pm, Monday-Friday. 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, BRITT D HANLEY can be reached at (571)270-3042. 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. /SOPHIA T NGUYEN/ Primary Examiner, Art Unit 2893
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Prosecution Timeline

Dec 13, 2022
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §103, §112
Jul 13, 2026
Interview Requested
Jul 23, 2026
Applicant Interview (Telephonic)
Jul 24, 2026
Examiner Interview Summary
Jul 28, 2026
Response Filed
Sep 08, 2026
Final Rejection mailed — §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
45%
Grant Probability
59%
With Interview (+14.4%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 528 resolved cases by this examiner. Grant probability derived from career allowance rate.

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