Prosecution Insights
Last updated: July 17, 2026
Application No. 18/119,491

DISPLAY DEVICE AND METHOD OF FABRICATING THE SAME

Final Rejection §102§103
Filed
Mar 09, 2023
Priority
Jul 19, 2022 — RE 10-2022-0089208
Examiner
SMITH, SAMUEL JONATHAN
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
37 granted / 45 resolved
+14.2% vs TC avg
Moderate +5% lift
Without
With
+5.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
20 currently pending
Career history
60
Total Applications
across all art units

Statute-Specific Performance

§103
77.6%
+37.6% vs TC avg
§102
17.8%
-22.2% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 45 resolved cases

Office Action

§102 §103
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 Election/Restrictions Claims 19-22 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/5/2026. Claim Rejections - 35 USC § 102 (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 effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 9, 17 and 18 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Nam (US 20190393444 A1). Regarding claim 1, Nam discloses a display device comprising: a display panel (Fig. 5B) including a display area (DP-DA) in which pixels (PX) are provided, and a non-display area (DP-NDA) located on a side of the display area (Shown); a circuit board (GDC) bonded to the display panel (Shown) in the non-display area, and electrically connected to the pixels (Para. 109 "The driving circuit GDC may include a scan driving circuit.... The scan driving circuit may further output other control signals to the pixel driving circuits of the pixels PX."); an optical layer (Fig. 6C, FM) provided on the display panel in the display area (Fig. 6C shows FM provided on the display panel, including in the display area over DP-OLED); and a protective layer (Fig. 5C, PIL) disposed on the display panel in the non-display area (PIL extends over the display area and non-display area; para. 157 "An edge of the protective layer PIL may overlap the second bezel pattern WM-BZ2"; the second bezel pattern is in the non-display area), wherein a top surface of the protective layer include a protrusion having an island shape (Shown in Fig. 5C). Regarding claim 9, Nam discloses a film (Fig. 6C, EC) provided on the display panel and the circuit board in the non-display area (Fig. 6B shows EC on the display panel including over sealing member SM in the non-display area; para. 105 "The sealing member SM may overlap a non-display area"), wherein the film is located on a side of the optical layer (Fig. 6B shows EC on a bottom side of the optical layer) and differs from the optical layer (Fig. 6B shows EC being a different layer from FM). Regarding claim 17, Nam discloses wherein the display panel comprises: a display element layer including a light emitting element; and a light conversion pattern layer disposed on the display element layer and including a quantum dot changing a wavelength of light emitted from the light emitting element (Para. 87 " the display panel DP may be a light emitting type display panel such as... a quantum-dot light emitting display panel, for example"). Furthermore, the claim language “wherein the light conversion pattern layer is formed through a continuous process on the display element layer” recites an intermediate process step that does not affect the structure of the final device. Therefore, the process limitations recited in a “product by process” claim would not carry patentable weight in a claim drawn to a structure because distinct structure is not necessarily produced. See MPEP 2113. In re Thorpe, 227 USPQ 964 (Fed. Cir. 1985). Regarding claim 18, Nam discloses wherein the light emitting element comprises an inorganic light emitting diode (Para. 117 "The emission layer EML may include… an inorganic material"). 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) 2, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam (US 20190393444 A1) in view of Woo (US 20190245026 A1). Regarding claim 2, Nam discloses the display device of claim 1, wherein the optical layer includes an antireflection film (Para. 80 "FM may include an anti-reflector"). However, Nam does not explicitly disclose wherein the protective layer includes a resin. On the other hand, Woo discloses wherein the protective layer includes a resin (Fig. 6, encapsulation 170; para. 82 "The encapsulation layer 170 may be formed as a multilayer film including at least one organic layer…. The organic layer of the encapsulation layer 170 may include at least one of an acrylic resin, a methacrylic resin, polyisoprene, a vinyl resin, an epoxy resin, a urethane resin, a cellulose resin, a siloxane resin, a PI resin, a polyamide resin, and a perylene resin"). It would have been obvious to one of ordinary skill in the art before the time of the effective filing of the invention to modify Nam according to the teachings of Woo such that the protective layer of Nam which is made of SiO, SiN, or SiON (Para. 102 "the protective layer PIL may include an inorganic material such as silicon oxide, silicon nitride, and/or silicon oxynitride") would instead be formed of resin as taught by Woo because of resin’s ability to be applied with low energy methods such as spin coating that are less likely to damage the underlying electronics. Regarding claim 6, Nam discloses wherein a side (Lower side of FM) of the optical layer and a side (Upper side of DP) of the display panel are aligned with each other (Fig. 6B shows the two sides aligning in at least the sense that they are coplanar). Allowable Subject Matter Claims 3-5, 7-8, and 10-16 are 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 3, the prior art of record does not disclose wherein the optical layer is provided in the non-display area, and includes a hole corresponding to the protrusion of the protective layer, and the protective layer is located between the optical layer and the display panel. For this reason, claims 4-8 are also objected to as dependents of claim 3. Regarding claim 10, the prior art of record does not disclose a dam disposed along a portion of a side of the display panel between the display panel and the optical layer, wherein the protective layer is located closer to a center of the display panel than the dam. Specifically, the prior art of record does not disclose a dam being between the display panel and the optical layer, wherein the protective layer is located closer to a center of the display panel than the dam. For this reason, claims 11-14 are also objected to as dependents of claim 10. Regarding claim 15, the prior art of record does not disclose wherein the top surface of the protective and a top surface of the optical layer are coplanar with each other. For this reason, claim 16 is also objected to as a dependent of claim 15. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL J SMITH whose telephone number is (703)756-5706. The examiner can normally be reached M-F 8-5 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, Marlon Fletcher can be reached at (571) 272-2063. 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. /S.J.S./Examiner, Art Unit 2817 /MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Mar 09, 2023
Application Filed
Mar 27, 2026
Non-Final Rejection mailed — §102, §103
Jun 17, 2026
Response Filed
Jul 16, 2026
Final Rejection mailed — §102, §103 (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
82%
Grant Probability
87%
With Interview (+5.1%)
3y 5m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 45 resolved cases by this examiner. Grant probability derived from career allowance rate.

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