Prosecution Insights
Last updated: August 17, 2026
Application No. 18/072,400

LIGHT EMITTING DISPLAY DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §103
Filed
Nov 30, 2022
Priority
Oct 17, 2019 — RE 10-2019-0128964 +1 more
Examiner
NEWTON, VALERIE N
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LG Display Co., Ltd.
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
770 granted / 916 resolved
+16.1% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 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 . Election/Restrictions Applicant’s election without traverse of Species VI (which read claims 1-12) in the reply filed on 06/09/25 is acknowledged. Claims 13-20 have been withdrawn from consideration and will not be examined on the merits. 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. Claim(s) 1-6, 9, 10, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190165074 (Lee et al) in view of US 20190181199 (Choi et al) and US 20090309493 (Seo). Concerning claim 1, Lee discloses a light emitting display device (Fig. 4), comprising: a substrate (110) including an emission area (500) and a non-emission area (area surrounding the emission area); a thin film transistor (20) on the substrate; a first overcoating layer (165) on the thin film transistor; an organic light emitting diode (210) on the first overcoating layer and connected to the thin film transistor (Fig. 4); an encapsulation unit (250) on the organic light emitting diode; and a touch unit (333) on the encapsulation unit, wherein the touch unit includes an open area (602) defined by a plurality of touch electrodes, wherein the organic light emitting diode includes a first electrode (211), an emission layer (212) and a second electrode (213) ([0051]), and wherein a bank layer (111) is disposed . . . (Lee Fig. 6 and [0087]). Lee does not disclose wherein a portion of the first electrode and a portion of a side mirror-shaped dummy first electrode separated from the first electrode are disposed in the open area defined by the plurality of touch electrodes, wherein a bank layer is disposed on the side mirror-shaped dummy first electrode, or wherein a portion of the bank layer is disposed between the first electrode and the side mirror-shaped dummy first electrode. However, Choi discloses an organic light emitting diode configuration (Fig. 9) in which with a first electrode (121), connected to a TFT via a connection electrode (117a), a light emitting layer (122) and a second electrode (123) are formed over a pixel definition layer (120) ([0098]) such that a portion of a first electrode (121a) and a portion of a side mirror-shaped dummy first electrode (121b) separated from the first electrode are disposed in the open area defined by a light blocking pattern (similar to the touch region disclosed by Lee). Choi discloses that this configuration has the advantage of significantly improving process yield, since there is no need to perform a patterning process for allocating the first electrodes individually to the pixels. Moreover, the application example of the present invention allows the first electrode overlying the separating layer (120) to reflect the light emitted from the light emitting layer toward the upper substrate (101b). Therefore, light efficiency can be significantly improved. ([0103]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify first electrode/pixel definition layer configuration of Lee (211/190) in view of Choi (121/120) so that a portion of the first electrode and a portion of a side mirror-shaped dummy first electrode separated from the first electrode are disposed in the open area defined by the plurality of touch electrodes in order to significantly improve light efficiency. Additionally, Lee discloses that a bank layer (111) is formed after the formation of the pixel electrode (211) and pixel defining layer (190) and is disposed on the pixel defining layer (Fig. 4). Therefore the modified first electrode/pixel defining layer of Lee in view Choi has a bank layer that is disposed on the pixel defining/pixel electrode/side mirror-shaped dummy first electrode to accomplish this configuration. Also, Seo discloses a display device configuration in which an auxiliary electrode (31’) formed from the same material as the first electrode (31) is wherein a portion of the bank layer (14”) is disposed between the first electrode and the side mirror-shaped dummy first electrode (Figs. 1A and 1B and [0051]-[0052]). Seo discloses the configuration in which the auxiliary electrode formed on the lower portion of the cathode electrode by the undercut phenomenon during the fabrication process, makes it possible to improve luminance non-uniformity ([0023]). Therefore it would have been obvious to one of ordinary skill in the art to modify the configuration of the bank in view of Seo such that a portion of the bank layer is disposed between the first electrode and the side mirror-shaped dummy first electrode and improve luminance non-uniformity. Continuing to claim 2, Lee in view of Choi and Seo discloses further comprising: a connection electrode (Choi 117b) electrically connected with a drain electrode of the thin film transistor, and disposed under the first electrode of the organic light emitting diode (Choi [0093]). Considering claim 3, Lee in view of Choi and Seo discloses further comprising: a second overcoating layer (Choi 120) on the first overcoating layer, and covering an end portion of the connection electrode (Choi [0097]). Referring to claim 4, Lee in view of Choi and Seo discloses further comprising: a sacrificial layer (Choi 119) disposed between the second overcoating layer and the connection electrode, and directly covering the end portion of the connection electrode (Choi Fig. 9). Regarding claim 5, Lee in view of Choi and Seo discloses wherein the sacrificial layer includes an opening, and the first electrode is disposed in the opening of the sacrificial layer (Choi Fig. 9). Pertaining to claim 6, Lee in view of Choi and Seo discloses wherein the side mirror- shaped dummy first electrode is disposed on a side surface and a portion of a top surface of the second overcoating layer (Choi Fig. 9). Continuing to claim 9, Lee in view of Choi and Seo discloses wherein the bank layer contacts with the second overcoating layer in the open area defined by the plurality of touch electrodes (Lee Fig. 4 and Choi Fig. 9). As to claim 10, Lee in view of Choi and Seo discloses wherein the touch unit includes: a first insulating layer (350) on the encapsulation unit, a second inorganic insulating layer (402) on the first insulating layer ([0079] and Fig. 4), a touch line (311) on the first insulating layer, and at least one of the plurality of touch electrodes (322) on the second inorganic insulating layer or the touch line (Fig. 4). Considering claim 12, Lee in view of Choi and Seo discloses wherein the first electrode is disposed in the emission area, and the side-mirror shaped dummy first electrode is disposed in the non-emission area of the open area (Lee Fig. 4 and Choi Fig. 9). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190165074 (Lee et al) in view of US 20190181199 (Choi et al) and US 20090309493 (Seo) as applied to claim 1 above, and further in view of US 20190115411 (Park et al). Referring to claim 11, Lee in view of Choi and Seo discloses forming the plurality of touch electrodes (Lee Fig. 4). Lee in view of Choi and Seo does is silent as to the configuration of the touch electrodes and therefore does not disclose wherein the plurality of touch electrodes are formed in a mesh structure. However, Park discloses a display device configuration in which several suitable touch electrode configurations are disclosed including a mesh structure ([0101]). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04 IV B. Therefore absent evidence that the claimed configuration of the touch electrodes is significant it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to form the touch electrodes of Lee in view of Choi in a mesh configuration because of its known suitability in display device manufacturing. Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20190165074 (Lee et al) in view of US 20190181199 (Choi et al) and US 20090309493 (Seo) as applied to claim 1 above, and further in view of US 20100244664 (Fujioka et al). Regarding claim 21, Lee in view of Choi and Seo disclose forming the bank. Lee in view of Choi and Seo does not disclose wherein the portion of the bank layer disposed between the first electrode and the side mirror-shaped dummy first electrode fills an undercut structure at a bottom end of the side surface of the second overcoating layer so as to electrically insulate the first electrode from the side mirror-shaped dummy first electrode. However, Fujioka discloses a display device configuration in which an auxiliary electrode formed from a lower electrode (18) is separated and formed such that the portion of the bank layer disposed between the first electrode and the side mirror-shaped dummy first electrode fills an undercut structure at a bottom end of the side surface of the second overcoating layer so as to electrically insulate the first electrode from the side mirror-shaped dummy first electrode (Fig. 18). Fujioka discloses that such configuration prevents a break or an increase in resistance in the second electrode (20) caused by side etching at the time of etching the lower electrode layer, and a decline in manufacturing yields due to this can be prevented ([0099]). Response to Arguments Applicant’s arguments with respect to claim(s) 1 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5. 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, CHAD DICKE can be reached at (571) 270-7996. 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. /VALERIE N NEWTON/Examiner, Art Unit 2897 06/26/26 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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Prosecution Timeline

Nov 30, 2022
Application Filed
Sep 11, 2025
Non-Final Rejection mailed — §103
Dec 11, 2025
Response Filed
Mar 19, 2026
Final Rejection mailed — §103
Jun 22, 2026
Request for Continued Examination
Jun 25, 2026
Response after Non-Final Action
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
90%
With Interview (+5.9%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 916 resolved cases by this examiner. Grant probability derived from career allowance rate.

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