Prosecution Insights
Last updated: August 17, 2026
Application No. 18/394,158

DISPLAY DEVICE

Non-Final OA §103§112
Filed
Dec 22, 2023
Priority
Dec 30, 2022 — RE 10-2022-0191308
Examiner
LASASSO, VICTOR JOSEPH
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LG Display Co., Ltd.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
39 granted / 45 resolved
+18.7% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
16 currently pending
Career history
58
Total Applications
across all art units

Statute-Specific Performance

§103
54.6%
+14.6% vs TC avg
§102
31.8%
-8.2% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 45 resolved cases

Office Action

§103 §112
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 Applicant’s election without traverse of Embodiment 1 (Claims 1-8, 10-14 readable thereon) in the reply filed on May 18, 2026 is acknowledged. Claim Rejections - 35 USC § 112 Claims 1-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claim 1, Claim 1 contains the phrase, “…including at least one of red, green, and blue subpixels…”. It is unclear whether this limitation is meant to be interpreted as, “containing at least one red subpixel, at least one green subpixel, and at least one blue subpixel”, or “containing at least one red subpixel, at least one green subpixel, or at least one blue subpixel”. Appropriate correction is required. In the interest of compact prosecution, the application will be examined as the former. The claim also contains the phrase, “having a color corresponding to each of the at least one subpixel”, which implies the at least one subpixel is part of a plurality. Claims 2-8 are dependent upon Claim 1 and therefore inherit these deficiencies. Appropriate correction is required. 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) 1, 4-8, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (USPGPUB 20140361260, hereinafter “Kim”) in view of Baek et al (USPGPUB 20220037620, hereinafter “Baek”). Regarding Claim 1, Kim teaches (Fig. 4) a display device, comprising: a substrate (20) including at least one of red, green, and blue subpixels ([0026], “The light-emitting regions include a red sub-pixel, a green sub-pixel and a blue sub-pixel”); a light emitting element (39) including a first electrode (31) disposed on the substrate (20), a light emitting layer (35) disposed on (light emitting layer 35 is seen disposed on first electrode 31) the first electrode (31), and a second electrode (38) disposed on (second electrode 38 is seen disposed on the light emitting layer 35)) the light emitting layer (35); a bank layer (32) having an opening exposing at least a portion of (bank layer 32 is seen exposing at least a portion of electrode 31 via its opening) the first electrode (31); a black matrix (40) disposed in a trench provided in (Fig. 5A, a trench is seen provided in bank layer 32) the bank layer (32) and protruding beyond an upper surface of ( Fig. 4, the black matrix 40 is seen protruding beyond an upper surface of bank layer 32 and into a portion of the light emitting element 39 disposed upon the bank layer 32) the bank layer (32); Kim is silent with regards to a light conversion layer disposed on the light emitting element and including quantum dots; an auxiliary layer disposed on the light conversion layer; and a color filter layer disposed on the auxiliary layer and having a color corresponding to each of the at least one subpixel. Baek teaches (Fig. 5) a light conversion layer (CCL) disposed on the light emitting element (light conversion layer CCL is seen disposed on light emitting element between banks BNK1 of Baek) and including quantum dots (QD); an auxiliary layer (PLL) disposed on (auxiliary layer PLL is seen disposed on the light conversion layer CCL) the light conversion layer (CCL); and a color filter layer (CF) disposed on the auxiliary layer (PLL) and having a color corresponding to each of the at least one subpixel ([0123], “The color filter CF includes (e.g., is) a color filter material capable of selectively transmitting light of a color corresponding to the color of each pixel PX”). It would have been obvious to a person of ordinary skill in the art, absent unexpected results, before the date of effective filing, to incorporate the quantum dot color conversion layer of Baek into the device of Kim in order to arrive at the expected result of creating a device with the known benefit of increased light efficiency in the display with reasonable expectation of success. Regarding Claim 4, Kim in view of Baek teaches the display device of claim 1, wherein a width of a lower surface of the opening is smaller than a width of an upper surface of the opening (In Fig. 4 of Kim, the banks of the device, and the openings therebetween have a trapezoidal profile, and the upper surface of the formed opening is seen being larger than the lower surface opening between the bank 32 of Kim). Regarding Claim 5, Kim in view of Baek teaches the display device of claim 1, wherein the quantum dots (QD of Baek) fill on a lower surface of the opening, higher than on the upper surface of (the quantum dots would be seen, as they are in Fig. 5 of Baek, distributed throughout the entirety of the color conversion layer CCL of Baek, and so would extend to a lower surface of the opening as well as higher than the upper surface of the bank layer, in the embodiment of Kim in view of Baek, as would be obvious to a person of ordinary skill in the art) the bank layer (32 of Kim, BNK1 of Baek). Regarding Claim 6, Kim in view of Baek teaches the display device of claim 5, wherein the quantum dots fill lower than (the quantum dots in Kim in view of Baek would fill an entire space within the banks 32 of Kim and so would extend to an area lower than an upper surface of black matrix 40 of Kim) an upper surface of the black matrix (40 of Kim). Regarding Claim 7, Kim in view of Baek teaches the display device of claim 1, wherein a second quantum dot barrier layer (CVL) is provided on a lower surface of the auxiliary layer (PLL) to be spaced apart from (Fig. 5 of Baek, the second quantum dot barrier layer CVL of Baek is seen spaced apart from the upper surface of the bank layer BNK1 of Baek) the upper surface of the bank layer (BNK1), and wherein the quantum dots (QD) fill up to (Quantum dots QD of Baek are seen filling the space in between the bank layer BNK1 and the second quantum dot barrier layer CVL) an area where the bank layer and the second quantum dot barrier layer (CVL) are spaced apart from each other. Regarding Claim 8, Kim in view of Baek teaches (Fig. 5 of Baek) the display device of claim 1, wherein the light emitting element (LD of Baek) outputs blue light, and wherein the light conversion layer includes: a first light conversion layer converting the blue light into red light; a second light conversion layer converting the blue light into green light; and a light transmissive layer transmitting the blue light ([0120], “when at least one pixel PX is set as a red (or green) pixel PX and a blue light emitting element LD is disposed as a light source of the pixel PX, a color conversion layer CCL including a red (or green) quantum dot QD for converting blue light into red (or green) light may be disposed on the pixel PX”). Regarding Claim 10, Kim teaches a display device, comprising: a substrate (20) including a light emitting element (35); a bank layer (32) disposed on the substrate (20) and defining an opening (Fig. 4 of Kim, an opening is seen defined by the space between the structures of bank layer 32) overlapping (the opening seen in Fig. 4 of Kim is seen overlapping light emitting element 35) the light emitting element (35), the opening having an upper surface and a lower surface smaller in width than (the opening has a trapezoidal shape, informed by the trapezoidal shape of the structures of bank layer 35, and so is seen in Fig. 4) the upper surface; a first quantum dot barrier layer (37) disposed on the light emitting element (35) and the bank layer (32). Kim is silent with regards to a second quantum dot barrier layer disposed to be spaced apart from the first quantum dot barrier layer; an auxiliary layer disposed on the second quantum dot barrier layer; a color filter layer disposed on the auxiliary layer; and a light conversion layer disposed between the first quantum dot barrier layer and the second quantum dot barrier layer, wherein the light conversion layer includes quantum dots which fill from the lower surface of the opening to the upper surface of the opening. Baek teaches (Fig. 5) a second quantum dot barrier layer (CVL) disposed to be spaced apart from (second quantum dot barrier layer CVL is seen disposed to be spaced apart from first quantum dot barrier layer 37) the first quantum dot barrier layer (37); an auxiliary layer (PLL) disposed on (auxiliary layer PLL is seen) the second quantum dot barrier layer (37); a color filter layer (CF) disposed on the auxiliary layer (PLL); and a light conversion layer (CCL) disposed between (A device taught by Kim in view of Baek which would have the light conversion layer CCL filling the entirety of the opening between the bank structures and the second quantum dot structure would be obvious to one of ordinary skill in the art) the first quantum dot barrier layer (37) and the second quantum dot barrier layer (CVL), wherein the light conversion layer (CCL) includes quantum dots (QD) which fill from the lower surface of the opening to the upper surface of the opening (A device taught by Kim in view of Baek which would have the light conversion layer CCL filling the entirety of the opening between the bank structures and the second quantum dot structure would be obvious to one of ordinary skill in the art, and the quantum dots are seen in Fig. 5 of Baek filling the entirety of the CCL). It would have been obvious to a person of ordinary skill in the art, absent unexpected results, before the date of effective filing, to incorporate the quantum dot color conversion layer of Baek into the device of Kim in order to arrive at the expected result of creating a device with the known benefit of increased light efficiency in the display with reasonable expectation of success. Regarding Claim 11, Kim in view of Baek teaches (Kim Fig. 4, Baek fig. 5) the display device of claim 10, wherein the bank layer (Kim 32) has a trench (42b of Kim) in an upper surface thereof, wherein a black matrix (Kim 40) is seated in (the black matrix, 40 of Kim, is seen seated in the trench 42b of Kim) the trench (Kim 42b) and protrudes beyond the upper surface of the bank layer (the black matrix Kim 40 is seen protruding beyond the bank layer 32 of Kim), wherein the quantum dots (QD of Baek) fill higher than the upper surface of the bank layer, and (the quantum dots would be seen, as they are in Fig. 5 of Baek, distributed throughout the entirety of the color conversion layer CCL of Baek, and so would extend to a lower surface of the opening as well as higher than the upper surface of the bank layer and also into an area lower than the upper surface of the black matrix 40 of Kim, in the embodiment of Kim in view of Baek, as would be obvious to a person of ordinary skill in the art) wherein the quantum dots fill lower than an upper surface of the black matrix (Kim 40). Allowable Subject Matter Claims 2-3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Regarding Claim 2, the closest available references, that of Kim, Baek, and Wang et al (USPGPUB 20200044004, hereinafter “Wang”), alone or in any reasonable combination, fails to teach the limitation, “the second electrode and the auxiliary layer include a semi-transmissive metal”. (The reference of Wang, which has not been introduced previously in this action, teaches an electrode which is made of a reflective and transmissive portion, but does not itself teach an auxiliary layer which is made of a semi-transmissive metal, and no reference which is compatible with the quantum dot color-conversion and encapsulation structure of Kim in view of Baek teaches this limitation.) Regarding Claim 3, the closest available references, that of Kim, Baek, and Wang, alone or in any reasonable combination, fails to teach the limitation, “the second electrode and the auxiliary layer include silver and magnesium”. (Wang teaches an electrode which is made of a reflective and transmissive material, but does not itself teach an auxiliary layer which contains a metal, and no reference which is compatible with the quantum dot color-conversion and encapsulation structure of Kim in view of Baek teaches this limitation.) Claims 12-14 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. Regarding Claim 12, the closest available references, that of Kim, Baek, and Wang, alone or in any reasonable combination, fails to teach the limitation, “the second electrode and the auxiliary layer include a semi-transmissive metal” (The reference of Wang, which has not been introduced previously in this action, teaches an electrode which is made of a reflective and transmissive portion, but does not itself teach an auxiliary layer which is made of a semi-transmissive metal, and no reference which is compatible with the quantum dot color-conversion and encapsulation structure of Kim in view of Baek teaches this limitation.). Claims 13 and 14 are dependent upon Claim 12. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTOR J LASASSO whose telephone number is (703)756-5668. 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, Jessica Manno can be reached at (571) 272-2339. 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. /V.J.L./Examiner, Art Unit 2898 /JESSICA S MANNO/SPE, Art Unit 2898
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Prosecution Timeline

Dec 22, 2023
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
88%
With Interview (+1.3%)
3y 8m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 45 resolved cases by this examiner. Grant probability derived from career allowance rate.

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