Prosecution Insights
Last updated: April 19, 2026
Application No. 18/311,038

DISPLAY DEVICE AND METHOD FOR FABRICATING THE SAME

Non-Final OA §103
Filed
May 02, 2023
Examiner
HELBERG, DAVID MICHAEL
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
4 granted / 8 resolved
-18.0% vs TC avg
Strong +67% interview lift
Without
With
+66.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
59 currently pending
Career history
67
Total Applications
across all art units

Statute-Specific Performance

§103
65.6%
+25.6% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 8 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 Election/Restrictions Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 16, 2025. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Isobe (US 20140159074 A1), in view of Wang et al. (CN 107170867 A). Regarding claim 1, Isobe teaches: A display device [10, paragraph [0053], Fig. 2] comprising: a substrate [110, paragraph [0056], Fig. 2]; pixel electrodes [103, paragraph [0053], [0058], [0063], Fig. 2] above the substrate [110, Fig. 2]; light-emitting elements [108, paragraph [0053], [0063], Fig. 2] above the pixel electrodes [103, Fig. 2], extending in a thickness direction [up/down, Fig. 2] of the substrate [110, Fig. 2], a common electrode [109, paragraph [0053], [0065], Fig. 2] above the light-emitting elements [108, Fig. 2]. Isobe does not teach: light-emitting elements having a polyhedral shape in the thickness direction, a width of a middle portion of the polyhedral shape being greater than a width of an upper portion of the polyhedral shape and greater than a width of a lower portion of the polyhedral shape. Wang et al. teaches: light-emitting elements [3, paragraph [0063], Fig. 12-14] having a polyhedral shape [paragraph [0013], [0063], Fig. 12-14] in the thickness direction, a width of a middle portion of the polyhedral shape being greater than a width of an upper portion of the polyhedral shape and greater than a width of a lower portion of the polyhedral shape. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Wang et al. into the teachings of Isobe to include the light-emitting elements having a polyhedral shape in the thickness direction, a width of a middle portion of the polyhedral shape being greater than a width of an upper portion of the polyhedral shape and greater than a width of a lower portion of the polyhedral shape, for the purpose of achieving a high radiative emissivity. See also, MPEP 2144.04(IV)(A) Changes in Size/Proportion and MPEP 2144.04(IV)(B) Changes in Shape. Regarding claim 4, Isobe and Wang et al. teach the display device of claim 1. However, Isobe does not teach: wherein a cross section of the polyhedral shape is a hexagon. Wang et al. teaches: wherein a cross section of the polyhedral shape is a hexagon [paragraph [0013], Fig. 12-14]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Wang et al. into the teachings of Isobe and Wang et al. to include wherein a cross section of the polyhedral shape is a hexagon, for the purpose of achieving a high radiative emissivity. See also, MPEP 2144.04(IV)(A) Changes in Size/Proportion and MPEP 2144.04(IV)(B) Changes in Shape. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Isobe (US 20140159074 A1), in view of Wang et al. (CN 107170867 A) as applied to claim 1 above, and further in view of Furukawa et al. (US 20060043386 A1). Regarding claim 2, Isobe and Wang et al. teach the display device of claim 1. Isobe further teaches: The light-emitting elements [108, Fig. 2] above the pixel electrodes [103, Fig. 2]. Isobe and Wang et al. do not teach: wherein the light-emitting elements comprise a first semiconductor layer above the electrodes, an active layer above the first semiconductor layer, and a second semiconductor layer above the active layer. Furukawa et al. teaches: wherein the light-emitting elements [4, paragraph [0089], Fig. 6] comprise a first semiconductor layer [18, paragraph [0092], Fig. 6] above the electrodes [44, paragraph [0092-0093], Fig. 6], an active layer [40, paragraph [0089-0093], [0100-0102] Fig. 6] above the first semiconductor layer [18, Fig. 6], and a second semiconductor layer [17, paragraph [0089-0090], Fig. 6] above the active layer [40, Fig. 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Furukawa et al. into the teachings of Isobe and Wang et al. to include wherein the light-emitting elements comprise a first semiconductor layer above the electrodes, an active layer above the first semiconductor layer, and a second semiconductor layer above the active layer, for the purpose of emitting light and improving light extraction efficiency. Regarding claim 3, Isobe, Wang et al. and Furukawa et al. teach the display device of claim 2. Isobe, Wang et al. and Furukawa et al. disclose the above claimed subject matter. However, Isobe, and Wang et al. do not teach: wherein a width of the active layer is greater than a width of the first semiconductor layer, and is greater than a width of a top of the second semiconductor layer. Furukawa et al. teaches: wherein a width of the active layer [40, paragraph [0014-0016], [0026], [0089-0093], [0100-0102], Fig. 6] is greater than a width of the first semiconductor layer [18, Fig. 6], and is greater than a width of a top of the second semiconductor layer [17, Fig. 6]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Furukawa et al. into the teachings of Isobe, Wang et al. and Furukawa et al. to include wherein a width of the active layer is greater than a width of the first semiconductor layer, and is greater than a width of a top of the second semiconductor layer, for the purpose of improving light extraction efficiency. See also, MPEP 2144.04(IV)(A) Changes in Size/Proportion and MPEP 2144.04(IV)(B) Changes in Shape. Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Isobe (US 20140159074 A1), in view of Wang et al. (CN 107170867 A) as applied to claim 1 above, and further in view of Jin (CN 110752217 A). Regarding claim 5, Isobe and Wang et al. teach the display device of claim 1. Isobe and Wang et al. do not teach: wherein the light-emitting elements comprise a first insulating layer on a first side surface, and a second insulating layer on the first insulating layer and on a second side surface adjacent to the first side surface. Jin teaches: wherein the light-emitting elements [LD, paragraph [0046], [0054], Fig. 7-17E] comprise a first insulating layer [INP3, paragraph [0147], [0167-0169], Fig. 7-17E] on a first side surface, and a second insulating layer [INS5, paragraph [0147], [0169-0170], [0180-0181], Fig. 7-17E] on the first insulating layer [INP3, Fig. 7-17E] and on a second side surface adjacent to the first side surface. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe and Wang et al. to include wherein the light-emitting elements comprise a first insulating layer on a first side surface, and a second insulating layer on the first insulating layer and on a second side surface adjacent to the first side surface, for the purpose of insulating features within the device. See also, MPEP 2144.04 (VI)(C) Rearrangement of Parts. Regarding claim 6, Isobe and Wang et al. teach the display device of claim 1. Isobe and Wang et al. do not teach: wherein the light-emitting elements comprise respective insulating layers on a first side surface, and on a second side surface that is adjacent to the first side surface, and having different respective thicknesses. Jin teaches: wherein the light-emitting elements [LD, paragraph [0046], [0054], Fig. 7] comprise respective insulating layers [INP3, INS5, Fig. 7] on a first side surface, and on a second side surface that is adjacent to the first side surface, and having different respective thicknesses. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe and Wang et al. to include wherein the light-emitting elements comprise respective insulating layers on a first side surface, and on a second side surface that is adjacent to the first side surface, and having different respective thicknesses, for the purpose of insulating features within the device. See also, MPEP 2144.04(IV)(A) Changes in Size/Proportion, MPEP 2144.04(IV)(B) Changes in Shape, and MPEP 2144.04 (VI)(C) Rearrangement of Parts. Regarding claim 7, Isobe, Wang et al. and Jin teach the display device of claim 6. However, Isobe and Wang et al. do not teach: further comprising a reflective layer on an outer side of the insulating layers. Jin teaches: further comprising a reflective layer [RFL, paragraph [0185-0186], [0220], Fig. 10-17E] on an outer side of the insulating layers [INP3, INS5, Fig. 7-17E]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe, Wang et al. and Jin to include further comprising a reflective layer on an outer side of the insulating layers, for the purpose of preventing light leakage, and improving optical efficiency. Regarding claim 8, Isobe and Wang et al. teach the display device of claim 1. Isobe further teaches: The common electrode [109, paragraph [0053], [0065], Fig. 2] Isobe and Wang et al. do not teach: further comprising a color filter above the electrode overlapping the light-emitting elements. Jin teaches: further comprising a color filter [CF, Fig. 7-17E] above the electrode [ELT1/ELT2, Fig. 7-17E] overlapping the light-emitting elements [LD, Fig. 7-17E]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe and Wang et al. to include further comprising a color filter above the electrode overlapping the light-emitting elements, for the purpose of filtering light to emit desired color, and improving display. See also, MPEP 2144.04 (VI)(C) Rearrangement of Parts. Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Isobe (US 20140159074 A1), in view of Wang et al. (CN 107170867 A) and Jin (CN 110752217 A) as applied to claim 8 above, and further in view of Tsai et al. (US 20170271420 A1). Regarding claim 9, Isobe, Wang et al. and Jin teach the display device of claim 8. Isobe, Wang et al. and Jin do not teach: further comprising a light-blocking member above the common electrode, and between the light-emitting elements in plan view. Tsai et al. teaches: further comprising a light-blocking member [150a, paragraph [0003], [0028], [0038], Fig. 1A] above the common electrode [128, paragraph [0016], Fig. 1A], and between the light-emitting elements [126, paragraph [0028], Fig. 1A] in plan view. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Tsai et al. into the teachings of Isobe, Wang et al. and Jin to include further comprising a light-blocking member above the common electrode, and between the light-emitting elements in plan view, for the purpose of preventing color mixing, improving display, helping to maintain the light-emitting angle of the light-emitting regions while controlling the reflection of the ambient light, and enhancing the ambient contrast ratio of the display device. Regarding claim 10, Isobe, Wang et al., Jin and Tsai et al. teach the display device of claim 9. Isobe, Wang et al., Jin and Tsai et al. disclose the above claimed subject matter. However, Isobe, Wang et al., and Jin do not teach: wherein the light-emitting elements comprise a first light-emitting element for outputting a first light, a second light-emitting element for outputting a second light, and a third light-emitting element for outputting a third light. Tsai et al. teaches: wherein the light-emitting elements [126, Fig. 1A] comprise a first light-emitting element [W11, W21, W31, W41, Fig. 1B-2H] for outputting a first light, a second light-emitting element [W12, W22, W32, W42, Fig. 1B-2H] for outputting a second light, and a third light-emitting element [W13, W23, W33, W43, Fig. 1B-2H] for outputting a third light. [paragraph [0018-0026], Fig. 1B-2H] It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Tsai et al. into the teachings of Isobe, Wang et al., Jin and Tsai et al. to include wherein the light-emitting elements comprise a first light-emitting element for outputting a first light, a second light-emitting element for outputting a second light, and a third light-emitting element for outputting a third light, for the purpose of achieving a multicolored display device improving user experience. Regarding claim 11, Isobe, Wang et al., Jin and Tsai et al. teach the display device of claim 9. Isobe, Wang et al., Jin and Tsai et al. disclose the above claimed subject matter. However, Isobe, Wang et al. and Tsai et al. do not teach: further comprising a wavelength conversion layer between the light-emitting elements and the color filter for converting a wavelength of light, wherein the light-emitting elements are configured to output a first light. Jin teaches: further comprising a wavelength conversion layer [CCL, paragraph [0184], Fig. 7-17E] between the light-emitting elements [LD, Fig. 7-17E] and the color filter [CF, paragraph [0012-0016], [0026], Fig. 7-17E] for converting a wavelength of light, wherein the light-emitting elements [LD, paragraph [0011], Fig. 7-17E] are configured to output a first light. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe, Wang et al., Jin and Tsai et al. to include further comprising a wavelength conversion layer between the light-emitting elements and the color filter for converting a wavelength of light, wherein the light-emitting elements are configured to output a first light, for the purpose of converting light to desired colors and improving display. Regarding claim 12, Isobe, Wang et al., Jin and Tsai et al. teach the display device of claim 11. Isobe, Wang et al., Jin and Tsai et al. disclose the above claimed subject matter. However, Isobe, Wang et al. and Tsai et al. do not teach: further comprising a reflective layer on a side surface of the wavelength conversion layer. Jin teaches: further comprising a reflective layer [RFL, paragraph [0185-0186], [0220], Fig. 10-17E] on a side surface of the wavelength conversion layer [CCL, Fig. 7-17E]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Jin into the teachings of Isobe, Wang et al., Jin and Tsai et al. to include further comprising a reflective layer on a side surface of the wavelength conversion layer, for the purpose of preventing light leakage and improving optical efficiency. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MICHAEL HELBERG whose telephone number is (571)270-1422. The examiner can normally be reached Mon.-Fri. 8am-5pm 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, Joshua Benitez can be reached at (571)270-1435. 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. /D.M.H./Examiner, Art Unit 2815 02/26/2026 /MONICA D HARRISON/Primary Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

May 02, 2023
Application Filed
Feb 26, 2026
Non-Final Rejection — §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
99%
With Interview (+66.7%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 8 resolved cases by this examiner. Grant probability derived from career allow rate.

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