Prosecution Insights
Last updated: July 17, 2026
Application No. 18/439,272

DISPLAY DEVICE

Non-Final OA §102§103
Filed
Feb 12, 2024
Priority
Feb 13, 2023 — RE 10-2023-0018860
Examiner
BREVAL, ELMITO
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
1070 granted / 1399 resolved
+8.5% vs TC avg
Moderate +11% lift
Without
With
+10.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
40 currently pending
Career history
1439
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
82.9%
+42.9% vs TC avg
§102
8.2%
-31.8% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1399 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 . Claim Rejections - 35 USC § 102 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 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) 1-2, 4-11, 13 and 14 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Yoon et al. (US. Pub: 2015/0236296 A1~hereinafter “Yoon”) of record. Regarding claim 1, Yoon discloses (in at least fig. 2) a display device comprising: a substrate (210); a pixel electrode (220) disposed on the substrate; a common layer (242; i.e. the second layer) disposed on the pixel electrode; and a counter electrode (243; i.e. the third layer) disposed on the common layer, wherein a film density of the common layer (242) is in a range of about 3 g/cm.sup.3 to about 10 g/cm.sup.3 ([0061]; the density of Yb falls in the range). Regarding claim 2, Yoon discloses (in at least fig. 2) the common layer (242) comprises ytterbium (Yb) ([0061]). Regarding claim 4, Yoon discloses (in at least fig. 2) the counter electrode (243) comprises a silver (Ag)-based alloy or an aluminum (Al)-based alloy ([0061]). Regarding claim 5, Yoon discloses (in at least fig. 2; [0061]) the Ag-based alloy or the Al-based alloy of the counter electrode is formed of Ag or Al ranging from about 95% to about 100%. Regarding claim 6, Yoon discloses (in at least fig. 2; [0061]; [0070]) the counter electrode (243) comprises at least one selected from gold (Au), copper (Cu), magnesium (Mg), titanium (Ti), indium (In), nickel (Ni), carbon (C), palladium (Pd), fluorene (F), sodium (Na), silicon (Si), calcium (Ca), manganese (Mn), iron (Fe), cobalt (Co), zinc (Zn), gallium (Ga), germanium (Ge), molybdenum (Mo), tin (Sn), platinum (Pt), lead (Pb), ytterbium (Yb), lutetium (Lu), and protactinium (Pa). Regarding claim 7, Yoon discloses (in at least fig. 2) the counter electrode (243) comprises oxygen (O) (see claim 10). Regarding claim 8, Yoon discloses (in at least fig. 2) a thickness of the counter electrode (243) is in a range of about 5 nm to about 100 nm ([0064]). Regarding claim 9, Yoon discloses (in at least fig. 2) a resistance of the counter electrode (243) is in a range of about 1 ohm/sq to about 20 ohm/sq ([0071]; table 1). Regarding claim 10, Yoon discloses (in at least fig. 2) a first functional layer ([0058]-[0059] i.e. the hole transport layer) disposed on the pixel electrode; an emission layer ([0058]; i.e. the EML disposed on the first functional layer; and a second functional layer ([0058]; i.e. the electron transport layer) disposed on the emission layer. Regarding claim 11, Yoon discloses (in at least fig. 2) a first mixed layer (244; [0070]) disposed between the second functional layer and the common layer. Regarding claim 13, Yoon discloses (in at least fig. 2) a first buffer layer (241; [0072]) disposed under the common layer (243). Regarding claim 14, Yoon discloses (in at least fig. 2) the first buffer layer (241) comprises metal oxide or metal halide ([0072]). Claim(s) 1-2, 4-10 and 13-15 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Mishima (US. Pub: 2019/0131558 A1) of record. Regarding claim 1, Mishima discloses (in at least fig. 1) a display device comprising: a substrate (10); a pixel electrode (11) disposed on the substrate; a common layer (16) disposed on the pixel electrode (11); and a counter electrode (17) disposed on the common layer, wherein a film density of the common layer (16) is in a range of about 3 g/cm.sup.3 to about 10 g/cm.sup.3 (Yb film has a density in that range). Regarding claim 2, Mishima discloses (in at least fig. 1) the common layer (16) comprises ytterbium (Yb). Regarding claim 4, Mishima discloses (in at least fig. 1; [0038]) the counter electrode (17) comprises a silver (Ag)-based alloy or an aluminum (Al)-based alloy. Regarding claim 5, Mishima discloses (in at least fig. 1; [0038]) the Ag-based alloy or the Al-based alloy of the counter electrode (17) is formed of Ag or Al ranging from about 95% to about 100%. Regarding claim 6, Mishima discloses (in at least fig. 1; [0038]) the counter electrode (17) comprises at least one selected from gold (Au), copper (Cu), magnesium (Mg), titanium (Ti), indium (In), nickel (Ni), carbon (C), palladium (Pd), fluorene (F), sodium (Na), silicon (Si), calcium (Ca), manganese (Mn), iron (Fe), cobalt (Co), zinc (Zn), gallium (Ga), germanium (Ge), molybdenum (Mo), tin (Sn), platinum (Pt), lead (Pb), ytterbium (Yb), lutetium (Lu), and protactinium (Pa). Regarding claim 7, Mishima discloses (in at least fig. 1; [0038]) the counter electrode (17) comprises oxygen (O). Regarding claim 8, Mishima discloses (in at least fig. 1) a thickness of the counter electrode (17) is in a range of about 5 nm to about 100 nm ([0038]). Regarding claim 9, Mishima discloses (in at least fig. 1) a resistance of the counter electrode (17) is in a range of about 1 ohm/sq to about 20 ohm/sq (this limitation does not structurally distinguish from the prior art as is required from an apparatus claim). Regarding claim 10, Mishima discloses (in at least fig. 1) a first functional layer (13) disposed on the pixel electrode (11); an emission layer (14) disposed on the first functional layer; and a second functional layer (15) disposed on the emission layer. Regarding claim 13, Mishima discloses (in at least figs. 1, 5 and 6) a first buffer layer (16B) disposed under the common layer (16D). Regarding claim 14, Mishima discloses (in at least figs. 1, 5 and 6) the first buffer layer (16B) comprises metal oxide or metal halide (see figs. 5 and 6). Regarding claim 15, Mishima discloses (in at least figs. 1, 5 and 6) a second buffer layer (17C; i.e. the capping layer) disposed on the counter electrode (17). 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) 3, 12, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US. Pub: 2015/0236296 A1~hereinafter “Yoon”) of record. Regarding claim 3, Yoon does not expressly disclose the common layer comprises an ytterbium (Yb)-oxygen (O) bond. However, Yoon discloses (in at least fig. 2) the common layer (242) comprises ytterbium (Yb) ([0061]). 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 ytterbium common layer of Yoon with ytterbium (Yb)-oxygen (O) bond, since it has been held that the selection of a known material based on its suitability for its intended use supported prima facie obviousness determination. Regarding claim 12, Yoon discloses all the claimed limitations except for a second mixed layer disposed between the common layer and the counter electrode. However, Yoon discloses (in at least fig. 2) a first mixed layer (244; [0070]) disposed between the second functional layer and the common layer. 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 second mixed layer in the device of Yoon between the common layer and the counter electrode, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Regarding claims 15 and 16, Yoon does not expressly disclose a second buffer layer disposed on the counter electrode and the second buffer layer comprises metal oxide or metal halide. However, a first buffer layer (241; [0072]) disposed under the common layer (243) and the first buffer layer (241) comprises metal oxide or metal halide ([0072]). 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 second buffer layer in the device of Yoon disposed on the counter electrode, wherein the second buffer layer comprises metal oxide or metal halide, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US. Pub: 2015/0236296 A1~hereinafter “Yoon”) of record in view of Lee et al. (US. Pub: 2021/0066652 A1~hereinafter “Lee”) of record. Regarding claim 17, Yoon does not expressly disclose a thin-film encapsulation layer disposed over the counter electrode, the thin-film encapsulation layer comprising: a first inorganic encapsulation layer, and a second inorganic encapsulation layer disposed on the first inorganic encapsulation layer; and a touch sensor layer disposed on the thin-film encapsulation layer, the touch sensor layer comprising: touch insulating layers, and conductive layers. Lee discloses (in at least fig. 9) a display device comprised of, in part, a thin-film encapsulation layer (TFE) disposed over the counter electrode (123), the thin-film encapsulation layer (TFE) comprising: a first inorganic encapsulation layer (131; [0075]), and a second inorganic encapsulation layer (133; [0075]) disposed on the first inorganic encapsulation layer; and a touch sensor layer ([0061]) disposed on the thin-film encapsulation layer, the touch sensor layer comprising: touch insulating layers, and conductive layers (see fig. 9). 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 Yoon with the thin-film encapsulation layer of Lee in order to provide suitable protection to the display device against moisture. Regarding claim 18, Lee discloses (in at least fig. 9) the thin-film encapsulation layer (TFE) comprises an organic encapsulation layer (132; [0075]) disposed between the first inorganic encapsulation layer (131) and the second inorganic encapsulation layer (133). Regarding claim 19, Lee discloses (in at least fig. 9) a first organic insulating layer (117; [0103]-[0104]) disposed between the substrate (101) and the pixel electrode (121). Regarding claim 20, Yoon as modified by Lee does not expressly disclose a second organic insulating layer disposed between the substrate and the first organic insulating layer. However, Lee discloses (in at least fig. 9) a second inorganic insulating layer (115; [0101]) disposed between the substrate (101) and the first organic insulating layer (117). 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 second insulating layer of Yoon as modified by Lee with organic material, since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. 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

Feb 12, 2024
Application Filed
Jun 10, 2026
Non-Final Rejection mailed — §102, §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
76%
Grant Probability
87%
With Interview (+10.6%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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