Prosecution Insights
Last updated: July 17, 2026
Application No. 18/217,112

DISPLAY DEVICE WITH REPAIRABLE SUB PIXELS

Non-Final OA §102§103
Filed
Jun 30, 2023
Priority
Dec 29, 2022 — RE 10-2022-0189037
Examiner
KIM, SU C
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LG Display Co., Ltd.
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
65%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
706 granted / 911 resolved
+9.5% vs TC avg
Minimal -12% lift
Without
With
+-12.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
956
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
81.9%
+41.9% vs TC avg
§102
10.5%
-29.5% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 911 resolved cases

Office Action

§102 §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 Under 37 CFR 1.114 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/26/2026 has been entered. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (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. Claim(s) 1-11 & 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beak et al. (US 20200135971). Regarding claim 1, Baek discloses that a display device comprising: a substrate 111 on which a pixel including a plurality of sub pixels is disposed (Fig. 1 & 2); a first planarization layer 113 disposed on the substrate 111; a bonding layer 114 or 115 disposed on the first planarization layer 113; a plurality of light-emitting elements 131 in a first subset of the plurality of sub pixels and disposed on the bonding layer 114 or 115; a second planarization layer 116 on the bonding layer 114 and covering the plurality of light- emitting elements; a third planarization layer on the second planarization layer and covering the plurality of light-emitting elements and a portion of the second planarization layer; and a bank 119 formed of an opaque material (para. 0010) and disposed between the plurality of sub pixels on the second planarization layer 116 and the third planarization layer 117, wherein a portion of the second planarization layer 116 is in contact with the third planarization layer 117 and another portion of the second planarization layer is exposed from the third planarization layer and is in contact with the bank (Fig. 2, note: the third planarization layer does not cover the second planarization layer in a trench). PNG media_image1.png 407 661 media_image1.png Greyscale Reclaim 2, Beak discloses that the plurality of light-emitting elements each comprises: a first semiconductor layer 131 on the bonding layer 114 or 115 (Fig. 2); a second semiconductor layer on the first semiconductor layer (para. 0043); a light-emitting layer between the first semiconductor layer and the second semiconductor layer (para. 0043); a first electrode 135 & 141 on the first semiconductor layer; and a second electrode 133 & 142 on the second semiconductor layer. Reclaim 3, Beak discloses that an additional light-emitting element in a second subset of the plurality of sub pixels and disposed above the third planarization layer, wherein the additional light-emitting element comprises: a first additional semiconductor layer; a second additional semiconductor layer below the first additional semiconductor layer; an additional light-emitting layer between the first additional semiconductor layer and the second additional semiconductor layer; a first additional electrode disposed below the first additional semiconductor layer; and a second additional electrode disposed below the second additional semiconductor layer (Fig. 1). Reclaim 4, Beak discloses that a first connection electrode provided in each of the plurality of sub pixels and disposed on the third planarization layer; and a second connection electrode provided in each of the plurality of sub pixels, disposed on the third planarization layer, and spaced apart from the first connection electrode, wherein the first connection electrode is electrically connected to the first electrode and the first additional electrode, and wherein the second connection electrode is electrically connected to the second electrode and the second additional electrode (Fig. 1). Reclaim 5, Beak discloses that the third planarization layer further comprises a groove 119 that overlaps the first additional electrode 141 (a portion of an element 141)and the second additional electrode 142 in the sub pixel on which the additional light-emitting element is disposed among the plurality of sub pixels, and wherein the first connection electrode and the second connection electrode are formed in a concave shape along the groove (Fig. 2). Reclaim 6, Beak disclose that a first bonding electrode 119 provided in the groove and disposed between the first connection electrode and the first additional electrode; and a second bonding electrode 119 provided in the groove and disposed between the second connection electrode and the second additional electrode (Fig. 2). Reclaim 7, Beak disclose that an upper portion of the first bonding electrode and an upper portion of the second bonding electrode are disposed on an upper portion of the first connection electrode and an upper portion of the second connection electrode, and the upper portion of the first bonding electrode and the upper portion of the second bonding electrode each have an inversely tapered shape (Fig. 2). Reclaim 8, Beak disclose that the first connection electrode and the second connection electrode are each made of a transparent conductive material (para. 0046), and the first bonding electrode 119 and the second bonding electrode 119 are each made of an opaque conductive material (Fig. 2). Reclaim 9, Beak disclose that the plurality of light-emitting elements is disposed in the sub pixel different from the sub pixel on which the first bonding electrode and the second bonding electrode are disposed (Fig. 2). Reclaim 10, Beak disclose that the plurality of sub pixels comprises a plurality of first sub pixels, a plurality of second sub pixels, a plurality of third sub pixels, and one or more defective sub pixels, the first subset of the plurality of sub pixels in which the plurality of light-emitting elements is disposed includes the plurality of first sub pixels, the plurality of second sub pixels, and the plurality of third sub pixels, and the second subset of the plurality of sub pixels in which the additional light-emitting element is disposed includes the one or more defective sub pixels. Reclaim 11, Beak disclose that the first bonding electrode and the second bonding electrode are disposed in the one or more defective sub pixels (Fig. 1 & 2). Regarding claim 14, Beak disclose that a display device comprising: a plurality of sub pixels formed on a substrate 111 (Fig. 1 & 2); a first planarization layer 113 disposed on the substrate 111; a bonding layer 114 or 115 on the first planarization layer 113; a plurality of light-emitting elements 130 formed on the bonding layer 114 or 115; a second planarization layer 116 on the bonding layer 114 or 115 and covering the plurality of light- emitting elements (Fig. 2, note: a bottom portion of a LED); a third planarization layer 117 on the second planarization layer 116 and covering the plurality of light-emitting elements and a portion of the second planarization layer (Fig. 2); and a bank formed of an opaque material (para. 0010) and disposed between the plurality of sub pixels on the second planarization layer 116 and the third planarization layer 117, wherein a portion of the second planarization layer is in contact with the third planarization layer and another portion of the second planarization layer is exposed from the third planarization layer and is in contact with the bank (Fig. 2, in the trench). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 15 & 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beak et al. (US 20200135971) in view of Oohata et al. (US 7723764). Reclaim 15, Beak fails to teach that at least one additional light-emitting element formed above the third planarization layer, wherein the plurality of light-emitting elements and the at least one additional light- emitting element are formed in different subsets of the plurality of sub pixels. However, Oohata suggests that at leas one additional at least one additional light-emitting element formed above the third planarization layer 65, wherein the plurality of light-emitting elements and the at least one additional light- emitting element are formed in different subsets of the plurality of sub pixels (Fig. 28). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide Beak with at least one additional light-emitting element formed above the third planarization layer, wherein the plurality of light-emitting elements and the at least one additional light- emitting element are formed in different subsets of the plurality of sub pixels as taught by Oohata in order to enhance variation of pixels and also, the claim would have been obvious because a particular know technique was recognized as part of the ordinary capabilities of one skilled in the art. Reclaim 18, Beak & Oohata disclose that the plurality of light-emitting elements each comprises: a first semiconductor layer on the bonding layer; a second semiconductor layer on the first semiconductor layer; a light-emitting layer between the first semiconductor layer and the second semiconductor layer; a first electrode on the first semiconductor layer; and a second electrode on the second semiconductor layer (Beak, para. 0043). Reclaim 19, Beak & Oohata disclose that the additional light-emitting element comprises: a first additional semiconductor layer; a second additional semiconductor layer below the first additional semiconductor layer; an additional light-emitting layer between the first additional semiconductor layer and the second additional semiconductor layer; a first additional electrode disposed below the first additional semiconductor layer; and a second additional electrode disposed below the second additional semiconductor layer (Fig. 2, Beak). Allowable Subject Matter Claims 12-13 & 16-17 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. Response to Arguments Applicant’s arguments with respect to claim(s) 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 SU C KIM whose telephone number is (571)272-5972. The examiner can normally be reached M-F 9:00 to 5:00. 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, Dale Page can be reached at 571-270-7877. 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. /SU C KIM/Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Jun 30, 2023
Application Filed
Sep 25, 2025
Non-Final Rejection mailed — §102, §103
Dec 17, 2025
Response Filed
Feb 27, 2026
Final Rejection mailed — §102, §103
Apr 26, 2026
Request for Continued Examination
Apr 29, 2026
Response after Non-Final Action
Jun 01, 2026
Non-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
78%
Grant Probability
65%
With Interview (-12.1%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 911 resolved cases by this examiner. Grant probability derived from career allowance rate.

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