Prosecution Insights
Last updated: April 19, 2026
Application No. 18/379,682

DISPLAY DEVICE

Final Rejection §103
Filed
Oct 13, 2023
Examiner
WRIGHT, TUCKER J
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Innolux Corporation
OA Round
4 (Final)
79%
Grant Probability
Favorable
5-6
OA Rounds
2y 7m
To Grant
90%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
718 granted / 908 resolved
+11.1% vs TC avg
Moderate +11% lift
Without
With
+10.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
35 currently pending
Career history
943
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
44.7%
+4.7% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 908 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 Election/Restrictions New claims 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species 9 (FIG. 11), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/25/2024. 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 1-3, 5, 7, 9-10, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Motoyama (US Pub. No. 2021/0057678) in view of Prushinskiy (US Pub. No. 2013/0169515). Regarding claim 1, in FIG. 6, Motoyama discloses a display device including a display region, wherein the display device is capable of being folded along a folding axis (substrate 11; made of a flexible material, paragraph [0078]), the display device comprising: a substrate (11; made of a flexible material, paragraph [0078]) having a first surface (top) and a second surface (bottom) opposite to the first surface; a plurality of organic light emitting parts (33 associated with each element 10) disposed on the first surface of the substrate; wherein the plurality of organic light emitting parts comprises a first organic light emitting part (e.g. portion of 33 associated with leftmost 10R) and a second organic light emitting part (e.g. portion of 33 associated with leftmost 10G) disposed in the display region; an organic layer (37, e.g. epoxy, paragraph [0131]) disposed on the plurality of organic light emitting parts; a circuit layer (layer containing transistors, elements 21-24) disposed on the first surface of the substrate, wherein the circuit layer comprises a plurality of driving elements, and at least one of the plurality of driving elements is electrically connected to at least one of the plurality of organic light emitting parts (paragraph [0135]); and a first layer (BM) disposed between the organic layer and the circuit layer; wherein the first layer comprises a first pattern, wherein at least a portion of the organic layer has a curved profile. In the embodiment of FIG. 6, Motoyama appears not to explicitly disclose that a first space is disposed between the first organic light emitting part and the second organic light emitting part; wherein the first layer comprises a first pattern, and the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the display region; a foldable region; wherein in a cross-sectional view, the second surface of the substrate comprises a recess in the foldable region, wherein in a top view, the recess has a strip shape and extends along a direction parallel to the folding axis. The art however well recognized organic light emitting parts having spaces between adjacent organic light emitting parts to be suitable for use as organic light emitting parts in a display device. See, for example, Motoyama, FIG. 13 showing a segmented organic light emitting part 33. According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it 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 to have formed each organic light emitting part to be segmented from adjacent organic light emitting parts for its recognized suitability as organic light emitting parts in a display device. In doing so, a first space is disposed between the first organic light emitting part and the second organic light emitting part; wherein the first layer comprises a first pattern, and the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the display region. Motoyama as modified appears not to explicitly disclose a foldable region; wherein in a cross-sectional view, the second surface of the substrate comprises a recess in the foldable region, wherein in a top view, the recess has a strip shape and extends along a direction parallel to the folding axis. In FIGs. 1-3, Prushinskiy discloses a similar display device comprising a foldable region (B) wherein in a cross-sectional view, a second surface of a substrate comprises a recess (110) in the foldable region “to avoid or decrease the compressive stress applied” to the substrate (paragraph [0053]). To provide a bending (or folding) substrate that avoids or decreases the compressive stress applied to the substrate it 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 to provide a foldable region, wherein in a cross-sectional view, the second surface of the substrate comprises a recess in the foldable region, wherein in a top view, the recess has a strip shape and extends along a direction parallel to the folding axis. Regarding claim 2, in FIGs. 6 and 13, Motoyama discloses that the first layer further comprises a second pattern (adjacent BM), and an opening (space between adjacent BMs), and the opening is disposed between the first pattern and the second pattern. Regarding claim 3, in FIGs. 6 and 13, Motoyama discloses that at least one of the plurality of organic light emitting parts is disposed in the opening of the first layer (overlapping with opening, similar to FIG. 5 of the present application). Regarding claim 5, in FIG. 6, Motoyama discloses that the organic layer is a continuous layer. Regarding claim 7, in FIG. 6, Motoyama discloses that the plurality of driving elements comprise a plurality of thin film transistors (paragraph [0075]). Regarding claim 9, in FIG. 6, Motoyama discloses a cover layer (34) disposed on the organic layer. Regarding claim 10, in FIG. 6, Motoyama discloses that the first layer is a light shielding layer. Regarding claim 14, in FIG. 6, Motoyama discloses that the first organic light emitting part and the second organic light emitting part emit lights with different colors (Red, Green; each organic light emitting part emits white light containing multiple colors that are then filtered; paragraphs [0132] and [0177]). Regarding claim 15, in FIG. 6, Motoyama discloses a first light converting element overlapped with the first organic light emitting part; and a second light converting element overlapped with the second organic light emitting part (paragraph [0177]). Claims 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Motoyama (US Pub. No. 2021/0057678) in view of Prushinskiy (US Pub. No. 2013/0169515) as applied to claim 1, and further in view of Kim (US Pub. No. 2017/0133449). Regarding claim 11, the combination of Motoyama and Prushinskiy appears not to explicitly disclose the plurality of organic light emitting parts further comprises a third organic light emitting part and a fourth light emitting part disposed in the foldable region, and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part, wherein the first layer comprises a second pattern, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region. The art however well recognized (see Kim, FIGs. 1-4) a plurality of organic light emitting parts (PX4-6) comprising a third organic light emitting part and a fourth light emitting part (PX in region I) disposed in a foldable region (region I), and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part, wherein a first layer comprises a second pattern (416/315), and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region to be suitable for use as an organic light emitting part arrangement in a display device. According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it 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 to have formed the plurality of organic light emitting parts such that they further comprise a third organic light emitting part and a fourth light emitting part disposed in the foldable region, and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part, wherein the first layer comprises a second pattern, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region for its recognized suitability as an organic light emitting part arrangement in a display device. Regarding claim 12, in FIG. 6, Motoyama discloses that the first layer (BM, paragraph [0132]) is a light shielding layer. Regarding claim 13, the combination of Motoyama, Prushinskiy, and Kim discloses (see Prushinskiy FIG. 1) that along a direction perpendicular to the first surface of the substrate, a height of the first pattern of the first layer in the display region is different from a height of the second pattern of the first layer in the foldable region (as measured from the bottom surface of the substrate). Regarding claim 16, in FIG. 6, Motoyama discloses a display device comprising a first region and a foldable region (substrate 11; made of a flexible material, paragraph [0078] and can be folded anywhere), wherein the display device is capable of being folded in the foldable region, the display device comprising: a substrate (11) having a first surface (top) and a second surface (bottom) opposite to the first surface; a plurality of organic light emitting parts (33 associated with each element 10) disposed on the first surface of the substrate, wherein the plurality of organic light emitting parts comprises a first organic light emitting part (leftmost 10R) and a second organic light emitting part (10G) disposed in the first region, the first organic light emitting part and the second organic light emitting part are disposed adjacently, a circuit layer (layer containing transistors, elements 21-24) disposed on the first surface of the substrate and disposed between the substrate and the plurality of organic light emitting parts, wherein the circuit layer comprises a plurality of driving elements, and at least one of the plurality of driving elements is electrically connected to at least one of the plurality of organic light emitting parts (via 28); an organic layer (37, e.g. epoxy, paragraph [0131]) disposed on the plurality of organic light emitting parts, wherein at least a portion of the organic layer has a curved profile; and a first layer (BM) disposed between the organic layer and the circuit layer; a third organic light emitting part (e.g. 10B) and a fourth light emitting part (e.g. rightmost 10R). Motoyama appears not to explicitly disclose wherein in a cross-sectional view, the second surface of the substrate comprises a recess in the foldable region; and a first space is disposed between the first organic light emitting part and the second organic light emitting part, wherein the plurality of organic light emitting parts further comprises a third organic light emitting part and a fourth light emitting part disposed in the foldable region, the third organic light emitting part and the fourth organic light emitting part are disposed adjacently, and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part; wherein the first layer comprises a first pattern disposed in the first region and a second pattern disposed in the foldable region, wherein the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the first region, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region. In FIGs. 1-3, Prushinskiy discloses a similar display device comprising a foldable region (B) wherein in a cross-sectional view, a second surface of a substrate comprises a recess (110) in the foldable region “to avoid or decrease the compressive stress applied” to the substrate (paragraph [0053]). To provide a bending (or folding) substrate that avoids or decreases the compressive stress applied to the substrate it 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 to provide, in a cross-sectional view, the second surface of the substrate with a recess in the foldable region. The combination of Motoyama and Prushinskiy appears not to explicitly disclose a first space is disposed between the first organic light emitting part and the second organic light emitting part, wherein the plurality of organic light emitting parts further comprises a third organic light emitting part and a fourth light emitting part disposed in the foldable region, the third organic light emitting part and the fourth organic light emitting part are disposed adjacently, and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part; wherein the first layer comprises a first pattern disposed in the first region and a second pattern disposed in the foldable region, wherein the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the first region, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region. The art however well recognized organic light emitting parts having spaces between adjacent organic light emitting parts to be suitable for use as organic light emitting parts in a display device. See, for example, Motoyama, FIG. 13 showing a segmented organic light emitting part 33. According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it 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 to have formed each organic light emitting part to be segmented from adjacent organic light emitting parts for its recognized suitability as organic light emitting parts in a display device. In doing so, a first space is disposed between the first organic light emitting part and the second organic light emitting part, wherein the plurality of organic light emitting parts further comprises a third organic light emitting part and a fourth light emitting part, the third organic light emitting part and the fourth organic light emitting part are disposed adjacently, and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part. The combination of Motoyama and Prushinskiy appears not to explicitly disclose a third organic light emitting part and a fourth light emitting part disposed in the foldable region; wherein the first layer comprises a first pattern disposed in the first region and a second pattern disposed in the foldable region, wherein the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the first region, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region. The art however well recognized (see Kim, FIGs. 104) a plurality of organic light emitting parts (PX) comprising a third organic light emitting part and a fourth light emitting part (PX in region I) disposed in a foldable region (region I), and a second space is disposed between the third organic light emitting part and the fourth organic light emitting part, wherein a first layer comprises a second pattern (416/315), and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region to be suitable for use as an organic light emitting part arrangement in a display device. According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it 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 to have formed a third organic light emitting part and a fourth light emitting part disposed in the foldable region for its recognized suitability as an organic light emitting part arrangement in a display device. In doing so, the first layer comprises a first pattern disposed in the first region and a second pattern disposed in the foldable region, wherein the first pattern is overlapped with the first space between the first organic light emitting part and the second organic light emitting part in the first region, and the second pattern is overlapped with the second space between the third organic light emitting part and the fourth organic light emitting part in the foldable region. Regarding claim 17, the combination of Motoyama, Prushinskiy, and Kim discloses (see Prushinskiy FIG. 13) that the display device is capable of being folded along a folding axis in the foldable region, and in a top view, the recess has a strip shape and extends along a direction parallel to the folding axis. Response to Arguments Applicant's arguments filed 11/19/2025 (“Reply”) have been fully considered but they are not persuasive. Regarding claim 1, Applicant contends that in FIG. 6 of Motoyama the light emitting elements 10 are electrically connected to the TFT parts disposed “inside” the substrate 11 and as such does not disclose a circuit layer with a driving element disposed “on” the substrate (see pages 7-8 of the Reply). This argument is not persuasive. In paragraph [0135] Motoyama states “[a] transistor 20 including a MOSFET includes a gate insulating layer 22 formed on the first substrate 11, gate electrodes 21 formed on the gate insulating layer 22, source/drain regions 24 formed on the first substrate 11, a channel formation region 23 formed between adjacent ones of the source/drain regions 24.” In other words, Motoyama explicitly discloses that the TFT parts are disposed on substrate 11. Applicant contends that “the recess 110 in Fig. 1 of Prushinskiy does not meet the requirement of ‘wherein in a top view, the recess has a strip shape and extends along a direction parallel to the folding axis’ in amended claim 1.” This argument is not persuasive. In FIGs. 1 and 3, Prushinskiy discloses that the recess 110 has a strip shape with width L1 and extends along a direction parallel to the folding axis. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUCKER J WRIGHT whose telephone number is (571)270-3234. The examiner can normally be reached 8:30am-5:00pm. 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, Matthew Landau can be reached at 571-272-1731. 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. /TUCKER J WRIGHT/Primary Examiner, Art Unit 2891
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Jan 08, 2025
Non-Final Rejection — §103
Apr 09, 2025
Response Filed
Apr 16, 2025
Final Rejection — §103
Jun 19, 2025
Interview Requested
Jul 11, 2025
Examiner Interview Summary
Jul 11, 2025
Applicant Interview (Telephonic)
Jul 21, 2025
Request for Continued Examination
Jul 23, 2025
Response after Non-Final Action
Aug 18, 2025
Non-Final Rejection — §103
Nov 19, 2025
Response Filed
Dec 02, 2025
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

5-6
Expected OA Rounds
79%
Grant Probability
90%
With Interview (+10.8%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 908 resolved cases by this examiner. Grant probability derived from career allow rate.

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