Prosecution Insights
Last updated: October 02, 2026
Application No. 18/358,538

DISPLAY DEVICE

Non-Final OA §103
Filed
Jul 25, 2023
Priority
Dec 06, 2022 — RE 10-2022-0168862
Examiner
BREVAL, ELMITO
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
3 (Non-Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
1085 granted / 1416 resolved
+8.6% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
39 currently pending
Career history
1444
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1416 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/16/2026 has been entered. 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. 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (WO 2020/017718 A1~hereinafter “Li”) of record in view of HEO et al. (US. Pub: 2021/0159268 A1~ hereinafter “Heo”). Regarding claim 1, Li discloses (in at least figs. 3-6) a display device comprising: electrodes (REL_1, REL2) spaced apart from each other in a pixel (see at least figs. 3 and 4); a bank (INS2) on the electrodes (REL_1, REL2) and around a light emitting area of the pixel; and light emitting elements (LD) between the electrodes (REL_1, REL2) in the light emitting area, wherein the electrodes (REL_1, REL2, CNE_1, CNE2) comprise a first hole (i.e. the hole between REL_1, REL2) overlapping the bank (INS2) at one side of the pixel (see at least figs. 3 and 4), and a second hole (i.e. the hole between CH1, CH2) overlapping the bank (INS2) at another side of the pixel (see figs. 3 and 4), and a shape of the first hole of the electrodes is different from a shape of the second hole of the electrodes (see at least figs. 3 and 4). Li does not expressly disclose the first hole and the second hole penetrating respective ones of the electrodes, and the first hole and the second hole do not overlap the light emitting elements. However, it is well-known in the art to form a display device comprises a first hole and a second hole penetrating respective ones of the electrodes, and a first hole and a second hole that do not overlap the light-emitting elements as evident by Heo at least fig. 3. Accordingly, it would have been obvious to one of ordinary skill I the art before the effective filing date of the invention to modify the display device of Li with the first and second holes arrangement of Heo, since it has been held that rearranging parts of an invention involves only routine skill in the art. See also Yun et al. (US. Pub: 2022/0122956 A1) at least fig. 7. Regarding claim 2, Li discloses (in at least figs. 3-6) an insulation layer (INS1) between the electrodes (REL_1, REL2, CNE1_1, CNE2) and the light emitting elements (LD). Regarding claim 3, Li discloses (in at least figs. 3-6) the insulation layer (INS1) is between the electrodes (REL_1, REL2, CNE1_1, CNE2) and the bank (INS2). Regarding claim 4, Li discloses (in at least figs. 3-6) the insulation layer (INS1) comprises a first hole overlapping the bank (INS2) at the one side of the pixel, and a second hole overlapping the bank at the other side of the pixel (see at least figs. 3 and 4). Regarding claim 5, Li discloses (in at least figs. 3-6) the first hole of the insulation layer (INS1) overlaps the first hole of the electrodes (REL_1, REL2, CNE1_1, CNE2), and the second hole of the insulation layer overlaps the second hole of the electrodes (REL_1, REL2, CNE1_1, CNE2). Regarding claim 6, Li discloses (in at least figs. 3-6) a partition wall (PW1, PW2) below the electrodes (REL_1, REL2, CNE1_1, CNE2). Regarding claim 7, Li as modified by Heo does not expressly disclose the bank contacts the partition wall through the first hole of the electrodes and the second hole of the electrodes. However, Li discloses (in at least figs. 3-6) the display device comprised of, in part, a bank (INS2) and a partition (PW1, PW2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Li as modified by Heo such that the bank contacts the partition wall through the first hole of the electrodes and the second hole of the electrodes, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 8, Li as modified by Heo discloses all the claimed limitations except for the partition wall comprises a recessed portion overlapping the first hole of the electrodes and the second hole of the electrodes. However, Li discloses (in at least figs. 3-6) the partition wall (PW1, PW2) comprises a recessed portion (i.e. the recessed portion is formed on the side of PW1, PW2 and is filled with INS1), and electrodes (REL_1, REL2, CNE1, CNE2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the partition wall of Li as modified by Heo such that the recessed portion overlapping the first hole of the electrodes and the second hole of the electrodes, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 9, Li as modified by Heo does not expressly disclose the pixel comprises a first pixel, a second pixel, and a third pixel, the first hole of the electrodes is between the first pixel and the second pixel, and the second hole of the electrodes is between the second pixel and the third pixel. However, Li discloses (in at least figs. 2-7) the pixel comprises a first pixel, a second pixel, and a third pixel (see at least fig. 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Li as modified by Heo such that the first hole of the electrodes is between the first pixel and the second pixel, and the second hole of the electrodes is between the second pixel and the third pixel, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 10, Li as modified by Heo does not expressly disclose the electrodes further comprise a third hole between the third pixel and the first pixel. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the display electrodes of Li as modified by Heo with a third hole between the third pixel and the first pixel, since it has been held that mere duplication of the essential working parts of an invention involves only routine skill in the art. Regarding claim 11, Li discloses (in at least figs. 3-7) the light emitting elements comprise a first light emitting element, a second light emitting element, and a third light emitting element that are configured to emit light of different colors from the first pixel, the second pixel, and the third pixel, respectively (i.e. In one embodiment, each of the light emitting devices LD may emit light of any one of color and / or white light). Regarding claim 12, Li discloses (in at least figs. 3-6) a display device comprising: electrodes (REL_1, REL2) spaced apart from each other in a pixel; a bank (INS2) on the electrodes and around a light emitting area of the pixel (see at least figs. 3-6); and light emitting elements (LD) between the electrodes in the light emitting area, wherein the bank (INS2) comprises first areas that extend in a first direction and are spaced apart from each other (see at least figs. 3 and 4), the electrodes (REL_1, REL2, CNE1, CNE2) comprise a first hole (i.e. the hole between REL_1, REL2) and a second hole (between Ch1, Ch2) overlapping the first areas (see at least figs. 3 and 4), and a shape of the first hole of the electrodes is different from a shape of the second hole of the electrodes (see at least figs. 3 and 4). Li does not expressly disclose the first hole and the second hole penetrating respective ones of the electrodes, and the first hole and the second hole do not overlap the light emitting elements. However, it is well-known in the art to form a display device comprises a first hole and a second hole penetrating respective ones of the electrodes, and a first hole and a second hole that do not overlap the light-emitting elements as evident by Heo at least fig. 3. Accordingly, it would have been obvious to one of ordinary skill I the art before the effective filing date of the invention to modify the display device of Li with the first and second holes arrangement of Heo, since it has been held that rearranging parts of an invention involves only routine skill in the art. See also Yun et al. (US. Pub: 2022/0122956 A1) at least fig. 7. Regarding claim 13, Li discloses (in at least figs. 3-6) the bank (INS2) further comprises second areas that extends in a second direction crossing the first direction and are spaced apart from each other (see at least figs. 3 and 4). Regarding claim 14, Li discloses (in at least figs. 3-6) the first hole of the electrodes and the second hole of the electrodes do not overlap the second area. Regarding claim 15, Li discloses (in at least figs. 3-6) the electrodes (REL_1, REL2, CNE1, CNE2) comprise a connection portion outside of the bank (INS2). Regarding claim 16, Li discloses (in at least figs. 3-7) the pixel comprises a first pixel, a second pixel, and a third pixel arranged in the second direction, and a shape of the connection portion of the electrodes of the first pixel is different from a shape of the connection portion of the electrodes of the second pixel. Regarding claim 17, Li discloses (in at least figs. 3-7) the light emitting elements comprise a first light emitting element, a second light emitting element, and a third light emitting element that are configured to emit light of different colors from the first pixel, the second pixel, and the third pixel, respectively (i.e. In one embodiment, each of the light emitting devices LD may emit light of any one of color and / or white light). Regarding claim 18, Li as modified by Heo does not expressly disclose the first hole of the electrodes is between the first pixel and the second pixel, and the second hole of the electrodes is between the second pixel and the third pixel. However, Li discloses (in at least figs. 3-6) display device comprises a first hole and a second hole. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to arrange the first hole of the electrodes of Li as modified by Heo between the first pixel and the second pixel, and the second hole of the electrodes is between the second pixel and the third pixel, since it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 19, Li discloses (in at least figs. 3-6) an area of the first hole of the electrodes is different from an area of the second hole of the electrodes. Regarding claim 20, Li as modified by Heo does not expressly disclose the first hole of the electrodes is a plurality of first holes of the electrodes, and the second hole of the electrodes is a plurality of second holes of the electrodes, and a number of the plurality of first holes of the electrodes is different from a number of the plurality of second holes of the electrodes. However, Li discloses (in at least figs. 3-6) display device comprises a first hole and a second hole. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming a plurality of first and second holes of Li, since it has been held that mere duplication of the essential working parts of an invention involves only routine skill in the art. Response to Arguments Applicant’s arguments with respect to claim(s) 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. 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, James R. Greece can be reached at 571-272-3711. 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. ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Jul 25, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection mailed — §103
Feb 04, 2026
Response Filed
Apr 17, 2026
Final Rejection mailed — §103
Jun 16, 2026
Response after Non-Final Action
Jul 16, 2026
Request for Continued Examination
Jul 21, 2026
Response after Non-Final Action
Jul 27, 2026
Non-Final Rejection mailed — §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
77%
Grant Probability
87%
With Interview (+10.7%)
2y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1416 resolved cases by this examiner. Grant probability derived from career allowance rate.

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