Prosecution Insights
Last updated: October 02, 2026
Application No. 18/521,142

DISPLAY DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §103§112
Filed
Nov 28, 2023
Priority
Apr 19, 2023 — RE 10-2023-0051252
Examiner
KIM, JAHAE
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
35 granted / 48 resolved
+4.9% vs TC avg
Strong +19% interview lift
Without
With
+18.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
22 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§103
52.8%
+12.8% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
28.3%
-11.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 48 resolved cases

Office Action

§103 §112
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 Applicant’s election without traverse of Invention I in the reply filed on 6/30/2026 is acknowledged. Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Therefore, claims 1-15 are under examination. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a capping layer disposed on the plurality of anode electrodes, electrically connected to the plurality of anode electrodes” as cited in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: in paragraph [00141], “indium tin oxide (IZO),” which appears to be in error; the acronym IZO conventionally denotes indium zinc oxide. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites "a capping layer disposed on the plurality of anode electrodes, electrically connected to the plurality of anode electrodes" and "a plurality of light emitting layers each disposed on the capping layer." The specification discloses capping layers CPL1, CPL2, and CPL3, each disposed on and electrically connected to a respective one of the anode electrodes AE1, AE2, and AE3, and each supporting a respective one of the light emitting layers EL1, EL2, and EL3 (FIG. 6). A single capping layer electrically connected to the plurality of anode electrodes is not described. Claim 4 recites “each of the dummy pattern.” However, the claim 2 recites “a dummy pattern” in the singular, and it is unclear whether “each of the dummy pattern” refers to a plurality of dummy pattern or the single dummy pattern of claim 2. Claims 2-15 are also rejected being dependent on rejected claim 1. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 13 is 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 13, the claim recites "at least one of ITO, IZO, and ITZO." The specification defines IZO as "indium tin oxide," which is the same term the specification uses to define ITO, and does not define ITZO. The metes and bounds of the recited materials therefore cannot be determined. Appropriate correction is required. 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, 11, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Choung et al. (US 11,476,313 B2, hereinafter “Choung”) in view of Ko (US 9,349,987 B2, hereinafter “Ko”), and further in view of Cok et al. (US 6,812,637 B2, hereinafter “Cok”). Regarding claim 1, Choung teaches a display device (sub-pixel circuit 100 utilized in an OLED display, FIG. 1A), comprising: a plurality of anode electrodes disposed to be spaced apart from each other on a substrate (metal layers 104 patterned on a substrate 102 and configured to operate as anodes of respective sub-pixels, each defined by adjacent PDL structures 126, FIG. 1A); a bank structure disposed on the substrate, disposed to surround the plurality of anode electrodes, and including a plurality of openings overlapping the plurality of anode electrodes (inorganic overhang structures 110 disposed on an upper surface 103 of the PDL structures 126, each pixel opening 124A being surrounded by the inorganic overhang structures 110 to define a respective sub-pixel, FIG. 1A); a plurality of light emitting layers having a portion contacting a side surface of the bank structure (OLED material 112 including an emissive layer, disposed on the metal layer 104 and over a sidewall 113 of the upper portion 110B, FIG. 2); a plurality of cathode electrodes disposed on the plurality of light emitting layers and having a portion contacting the side surface of the bank structure (cathode 114 disposed over the OLED material 112 and on a portion 220 of a sidewall 111 of the lower portion 110A, FIG. 2), wherein the bank structure includes a first bank layer, and a second bank layer disposed on the first bank layer, including a material different from a material of the first bank layer, and including a tip protruding more than the first bank layer (a lower portion 110A and an upper portion 110B formed of different inorganic materials having an etch selectivity therebetween, a bottom surface 107 of the upper portion 110B being wider than a top surface 105 of the lower portion 110A such that an underside edge 206 extends past the sidewall 111 of the lower portion 110A to form an overhang 109, FIG. 2). But Choung does not teach a capping layer disposed on the plurality of anode electrodes, electrically connected to the plurality of anode electrodes, and having at least a portion spaced apart from the plurality of anode electrodes, and a plurality of light emitting layers each disposed on the capping layer. However, Ko teaches a capping layer disposed on the plurality of anode electrodes, electrically connected to the plurality of anode electrodes, and having at least a portion spaced apart from the plurality of anode electrodes, with a light emitting layer disposed on the capping layer (a cladding 305 formed of an organic insulating material and covering edges of a first anode electrode 301 so as to expose a central portion thereof, and a second anode electrode 302 formed of a transparent conductive material such as ITO or IZO and covering both the first anode electrode 301 and the cladding 305, an organic layer 320 being formed thereon, FIG. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cladding and the capping layer of Ko on the anode electrodes of Choung in order to control the resonance thickness of each sub-pixel without an additional deposition mask and to prevent damage to the reflective anode during wet etching. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Choung further teaches an inorganic insulating layer disposed on the capping layer within the plurality of openings of the bank structure and exposing a portion of an upper surface of the capping layer (PDL structures 126 formed of an inorganic material including silicon oxide, silicon nitride, silicon oxynitride or magnesium fluoride, defining a respective sub-pixel and exposing the anode therein, FIG. 1A). But Choung in view of Ko does not teach a plurality of auxiliary common electrodes disposed on the plurality of cathode electrodes and having a portion disposed on the bank structure, wherein the plurality of auxiliary common electrodes directly contact a side surface of the first bank layer and the second bank layer. However, Cok teaches a plurality of auxiliary common electrodes disposed on the plurality of cathode electrodes and having a portion disposed on the bank structure (a light-absorbing auxiliary electrode 22 that is thermally and electrically conductive, located above the continuous transparent electrode 14 and over the gaps 15 between the light emitting elements, and in electrical contact with the continuous transparent electrode 14, FIG. 1, claim 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the auxiliary electrode of Cok on the cathode electrodes of Choung in view of Ko in order to reduce the sheet resistivity of the cathode electrodes and the resulting voltage drop. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). In the combination, the plurality of auxiliary common electrodes directly contact a side surface of the first bank layer and the second bank layer, since the cathode 114 covers only a portion 220 of the sidewall 111 of the lower portion 110A and only a portion of the sidewall 113 of the upper portion 110B, such that the remaining portions of both sidewalls are exposed and are contacted by the auxiliary electrode subsequently formed thereover. Regarding claim 11, Choung in view of Ko and Cok teaches the display device of claim 1, wherein the inorganic insulating layer is disposed to cover a side surface of the plurality of anode electrodes, and at least a portion of the inorganic insulating layer is spaced apart from the second bank layer (PDL structures 126 disposed on the substrate 102 and defining the metal layers 104 therebetween, the inorganic overhang structures 110 being disposed on an upper surface 103 of the PDL structures 126 such that the upper portion 110B is separated from the PDL structures 126 by the lower portion 110A, FIG. 1A of Choung). Regarding claim 12, Choung in view of Ko and Cok teaches the display device of claim 1, wherein a portion of the plurality of auxiliary common electrodes are disposed on a lower portion of the tip of the second bank layer (an underside edge 206 of the upper portion 110B extending past the sidewall 111 of the lower portion 110A to define an overhang 109, and a layer subsequently formed over the cathode 114 extending under the overhang 109 and along the sidewall 111, FIG. 2 of Choung). Regarding claim 13, Choung in view of Ko and Cok teaches the display device of claim 1, wherein the capping layer includes at least one of ITO, IZO, and ITZO, and the plurality of auxiliary common electrodes include at least one of ITO, IZO, and TiN (the second anode electrode 302 formed of a transparent conductive material such as ITO or IZO, and an auxiliary electrode layer or bus electrode line formed on the cathode electrode 340 of a transparent conductive material such as ITO or IZO, FIG 1 of Ko). Claims 2-6, 8, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Choung in view of Ko and Cok as applied to claim 1 above, and further in view of Tabatake (US 2023/0232694 A1, hereinafter “Tabatake”). Regarding claim 2, Choung in view of Ko and Cok teaches the display device of claim 1 respectively, but does not teach a dummy pattern disposed between the plurality of anode electrodes and the capping layer. However, Tabatake teaches a dummy pattern disposed between the plurality of anode electrodes and the capping layer (a rib 5 formed of an inorganic material and provided on the insulating layer 12 and the lower electrodes LE1, LE2 and LE3 such that end portions of the lower electrodes are covered with the rib 5, FIG. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the dummy pattern of Tabatake between the anode electrodes and the capping layer of Choung in view of Ko and Cok in order to insulate the end portions of the anode electrodes and thereby define the light emitting area of each sub-pixel. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). Regarding claim 3, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 2, wherein the first bank layer and the dummy pattern include a same material (the rib 5 of Tabatake formed of an inorganic material such as silicon nitride, the lower portion 110A of Choung formed of a non-conductive inorganic material including silicon nitride), and the second bank layer includes a metal material (and the upper portion 110B of Choung formed of a conductive inorganic material including titanium, aluminum, molybdenum or copper). Regarding claim 4, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 3, wherein each of the dummy pattern and the first bank layer includes a transparent insulating material, and the second bank layer includes titanium (Ti) (the rib 5 of Tabatake formed of an inorganic insulating material such as silicon nitride, the lower portion 110A of Choung formed of a non-conductive inorganic material including silicon oxide, silicon nitride or silicon oxynitride, and the upper portion 110B of Choung formed of a conductive inorganic material including titanium). Regarding claim 5, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 2, wherein the dummy pattern has a thickness greater than a thickness of the plurality of anode electrodes but smaller than a thickness of the first bank layer (the rib 5 having a thickness of 200 nm to 400 nm, the thickness of each of the lower electrodes LE1, LE2 and LE3 being less than that of the rib 5, and the thickness of the rib 5 being sufficiently less than that of the partition 6, FIG. 3). Regarding claim 6, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 2, wherein an area of the dummy pattern is smaller than an area of the plurality of anode electrodes (area of the rib 5 is smaller than an lower electrodes LE1, LE2 and LE3, FIG. 3 of Tabatake), and the capping layer directly contacts a portion of the plurality of anode electrodes that do not overlap the dummy pattern (the rib 5 having apertures AP1, AP2 and AP3 respectively overlapping the lower electrodes LE1, LE2 and LE3, only the end portions of the lower electrodes being covered with the rib 5, FIG. 3 of Tabatake). Regarding claim 8, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 2, wherein the capping layer is disposed to cover an outer surface of the dummy pattern (the first organic layer OR1a being in contact with the lower electrode LE1 through the aperture AP1 and covering part of the rib 5, FIG. 3 of Tabatake). Regarding claim 14, Choung in view of Ko and Cok teaches the display device of claim 1 respectively, but does not teach a capping pattern disposed on the second bank layer and including a same material as the capping layer, an organic pattern disposed on the capping pattern and including the same material as the plurality of light emitting layers, and an electrode pattern disposed on the organic pattern and including the same material as the plurality of cathode electrodes, wherein a portion of the plurality of auxiliary common electrodes are directly disposed on the electrode pattern. However, Tabatake teaches an organic pattern and an electrode pattern disposed on the second bank layer (a second organic layer OR1b located on the upper portion 62 of the partition 6 and formed of the same material as the first organic layer OR1a, and a second upper electrode UE1b located on the second organic layer OR1b and formed of the same material as the first upper electrode UE1a, FIG. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the light emitting layers and the cathode electrodes of Choung in view of Ko and Cok as taught by Tabatake in order to form the light emitting layers and the cathode electrodes of each sub-pixel by deposition without a mask. KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). In the combination, a capping pattern including a same material as the capping layer is disposed on the second bank layer and the organic pattern is disposed thereon, since the transparent conductive material of the second anode electrode 302 of Ko is deposited over the structure of Choung and remains on an upper surface of the upper portion 110B, and a portion of the plurality of auxiliary common electrodes are directly disposed on the electrode pattern, since the auxiliary electrode 22 of Cok is located over the gaps 15 between the light emitting elements. Regarding claim 15, Choung in view of Ko, Cok and Tabatake teaches the display device of claim 14, further comprising an inorganic layer disposed on the plurality of auxiliary common electrodes (an encapsulation layer 116 formed of an inorganic material including silicon nitride and disposed over the cathode 114, FIG. 2 of Choung). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Choung in view of Ko and Cok as applied to claim 1 above, and further in view of Yanagisawa et al. (US 2024/0276860 A1, hereinafter “Yanagisawa”). Regarding claim 7, Choung in view of Ko and Cok teaches the display device of claim 2, wherein the second bank layer includes titanium (Ti) (the upper portion 110B formed of a conductive inorganic material including titanium, Fig. 2 of Choung). But Choung in view of Ko and Cok does not teach that the dummy pattern includes silicon oxide, and that the first bank layer includes aluminum (Al). However, Yanagisawa teaches a dummy pattern including silicon oxide and a first bank layer including aluminum (an inorganic insulating layer 5 formed of silicon oxide and provided on the lower electrodes LE1, LE2 and LE3, and a lower portion 61 of the partition 6 formed of a conductive material such as molybdenum or aluminum). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the dummy pattern and the first bank layer of Choung in view of Ko and Cok of the materials taught by Yanagisawa in order to insulate the anode electrodes from one another and to supply a common voltage to the cathode electrodes through the first bank layer (Para [0096-0098] of Yanagisawa). Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choung in view of Ko and Cok as applied to claim 1 above, and further in view of Han et al. (US 9,356,078 B2, hereinafter “Han”). Regarding claim 9, Choung in view of Ko and Cok teaches the display device of claim 1, wherein the plurality of cathode electrodes cover the plurality of light emitting layers and a portion of the plurality of cathode electrodes are disposed directly on the side surface of the first bank layer (cathode 114 of Choung disposed over the OLED material 112 and on a portion 220 of a sidewall 111 of the lower portion 110A, FIG. 2). But Choung in view of Ko and Cok does not teach that a portion of the plurality of light emitting layers are directly disposed on the side surface of the first bank layer. However, Han teaches that a portion of the plurality of light emitting layers are directly disposed on the side surface of the first bank layer (an organic light emitting layer OLE covering an upper surface of a second bank BN2, a side wall of the second bank BN2, an upper surface of a first bank BN1 exposed by an open area of the second bank BN2, a side wall of the first bank BN1, and an upper surface of an anode electrode ANO exposed by an open area of the first bank BN1, FIG. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to deposit the light emitting layers of Choung in view of Ko and Cok on the side surface of the first bank layer as taught by Han in order to prevent a non-fill area from being formed within the emission area and thereby avoid a loss of aperture ratio (Fig. 9). KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007). In the first configuration of Choung, the lower portion 110A is formed of a non-conductive inorganic material, such that the light emitting layers covering a portion of the side surface thereof do not impair any electrical function of the lower portion 110A. Regarding claim 10, Choung in view of Ko, Cok and Han teaches the display device of claim 9, wherein the plurality of light emitting layers and the plurality of cathode electrodes are spaced apart from the second bank layer (an underside edge 206 of the upper portion 110B extending past the sidewall 111 of the lower portion 110A to form an overhang 109, such that the OLED material 112 and the cathode 114 deposited within the pixel opening 124A are separated from the upper portion 110B, FIG. 2 of Choung). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAHAE KIM whose telephone number is (571)270-1844. The examiner can normally be reached M-F 9-5. 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, Fernando Toledo can be reached on (571) 271-1867. 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. /FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897 /JAHAE KIM/Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Nov 28, 2023
Application Filed
Aug 25, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
92%
With Interview (+18.8%)
3y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
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