Prosecution Insights
Last updated: July 17, 2026
Application No. 18/537,548

DISPLAY DEVICE AND METHOD OF FABRICATING THE SAME

Non-Final OA §102§103
Filed
Dec 12, 2023
Priority
Mar 16, 2023 — RE 10-2023-0034429
Examiner
LEE, NATHANIEL J.
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
520 granted / 820 resolved
-4.6% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
864
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
89.0%
+49.0% vs TC avg
§102
5.6%
-34.4% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 820 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claims 1, 3-7, 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2022/0375904 A1). With respect to claim 1: Chen teaches “a display device (1) comprising: a plurality of light emitting elements (12), each of the light emitting elements being spaced apart from each other (see Fig. 2h) and comprising a first semiconductor layer (123); a color adjustment layer (16) on the light emitting elements (see Fig. 2f); an organic layer (14) between the light emitting elements (see Fig. 2f) and in a same layer as the first semiconductor layer and the color adjustment layer (see Fig. 2f); and a first electrode (CE) contacting side surfaces of the first semiconductor layer (see Fig. 2f) and the color adjustment layer (see Fig. 2f) and enclosing the organic layer (see Fig. 2f)”. With respect to claim 3: Chen teaches “the display device according to claim 1 (see above), wherein the organic layer comprises a flexible organic material (paragraph 54)”. With respect to claim 4: Chen teaches “the display device according to claim 1 (see above), wherein each of the light emitting elements further comprises: an active layer (122) on the first semiconductor layer (see Fig. 2f); and a second semiconductor layer (121) on the active layer (see Fig. 2f)”. With respect to claim 5: Chen teaches “the display device according to claim 4 (see above), further comprising: a second connection electrode (E) on the second semiconductor layer (see Fig. 2f); and a second electrode (C) contacting the second connection electrode (see Fig. 2f)”. With respect to claim 6: Chen teaches “The display device according to claim 4 (see above), further comprising an insulating layer (13) on the organic layer and the first electrode (see Fig. 2f), the insulating layer contacting side surfaces of the active layer and the second semiconductor layer (see Fig. 2f)”. With respect to claim 7: Chen teaches “the display device according to claim 4 (see above), further comprising an insulating layer (13) on the first electrode and contacting side surfaces of the active layer and the second semiconductor layer (see Fig. 2f)”. With respect to claim 10: Chen teaches “the display device according to claim 1 (see Fig. 2f), wherein the light emitting elements comprise a first light emitting element in a first emission area (see Fig. 1a), a second light emitting element in a second emission area (see Fig. 1a), and a third light emitting element in a third emission area (see Fig. 1a), and wherein each of the first to the third light emitting elements is configured to emit a third color of light (blue; see paragraph 56)”. With respect to claim 11: Chen teaches “The display device according to claim 10 (see above), wherein the color adjustment layer comprises: a first color adjustment layer (on the right; see Fig. 2f) on the first light emitting element (see Fig. 2f) and configured to convert the third color of light to a first color of light (paragraph 56); a second color adjustment layer (center; see Fig. 2f) on the second light emitting element (see Fig. 2f) and configured to convert the third color of light to a second color of light (paragraph 56); and a third color adjustment layer (on the left; see Fig. 2f) on the third light emitting element (see Fig. 2f) and configured to allow the third color of light to pass therethrough (see Fig. 2f)”. With respect to claim 12: Chen teaches “The display device according to claim 11 (see above), wherein the first light emitting element and the first color adjustment layer are defined as a first sub-pixel, the second light emitting element and the second color adjustment layer are defined as a second sub-pixel, and the third light emitting element and the third color adjustment layer are defined as a third sub-pixel, and wherein one light emitting module (P) comprises the first sub-pixel, the second sub-pixel, and the third sub-pixel (see Fig. 1a)”. 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. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Cho et al. (US 2022/0352433 A1). With respect to claim 2: Chen teaches “the display device according to claim 1 (see above)”. Chen does not specifically teach “ further comprising a first connection electrode spaced apart from the light emitting elements and contacting the first electrode”. However, Cho teaches “further comprising a first connection electrode (CNE2) spaced apart from the light emitting elements (ED) and contacting the first electrode (CSE1)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the display device of Chen with the connection electrode of Cho in order to transmit a signal to the first electrode (Cho paragraph 120). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Bibl et al. (US 2014/0339495 A1). With respect to claim 8: Chen teaches “The display device according to claim 1 (see above)”. Chen does not specifically teach “further comprising a passivation layer on the color adjustment layer and the first electrode”. However, Bibl teaches “further comprising a passivation layer (316) on the color adjustment layer (110) and the first electrode (310)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the display device of Chen with the passivation layer of Bibl in order to protect the first electrode from other conducting layers (Bibl paragraph 58). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen as applied to claim 1 above, and further in view of Song et al. (US 2022/0231203 A1). With respect to claim 9: Chen teaches “The display device according to claim 1 (see above)”. Chen does not specifically teach “wherein the color adjustment layer has a porous structure”. However, Song teaches “wherein the color adjustment layer (130) has a porous structure (120)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the display device of Chen with the porous structure of Song due to the art recognized suitability of such as structure for the purpose of providing a color adjustment layer (Song paragraph 5). Claims 13-14, 16-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Cho. With respect to claim 13: Chen teaches “a method of fabricating a display device (method of making 1), the method comprising: forming light emitting elements (12) spaced apart from each other (see Fig. 2f) by etching (paragraph 40; see Figs. 3a-3b) a semiconductor material layer (12’) on a first substrate (11); forming, on the first substrate, an organic layer (133) contacting a third semiconductor layer (121) and a first semiconductor layer (123) of each of the light emitting elements (see Fig. 2f); forming an insulating layer (14+15) to enclose the light emitting elements and the organic layer (see Fig. 2f); and forming a second connection electrode (E) on the light emitting elements (see Fig. 2f); and forming a first electrode (CE) configured to contact side surfaces (see Fig. 2f) of the first semiconductor layer and the color adjustment layer (16) and to enclose the organic layer (see Fig. 2f)”. Chen does not specifically teach “forming a first connection electrode on the first substrate, removing the first substrate and, then, forming a color adjustment layer by injecting a color adjustment material into the third semiconductor layer”. However, Cho teaches “forming a first connection electrode (CNE2) on the first substrate (TSUB), removing the first substrate (between Fig. 12 and Fig. 13) and, then, forming a color adjustment layer (ELP) by injecting a color adjustment material (WCP) into the third semiconductor layer (CSE2; see Fig. 15)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the method of making the display device of Chen by using the target substrate, forming a first connection electrode, and then injecting the color adjustment material afterwards as taught by Cho to transmit a signal to the first electrode (Cho paragraph 120) and ensure the proper alignment of color adjustment material with the light emitting elements (Cho paragraphs 165-166). With respect to claim 14: Chen in view of Cho teaches “The method according to claim 13”. Chen further teaches “wherein the semiconductor material layer comprises: the third semiconductor layer (121); the first semiconductor layer (123) on the third semiconductor layer (see Fig. 2f); an active layer (122) on the first semiconductor layer (see Fig. 2f); and a second semiconductor layer (E2) on the active layer (see Fig. 2f)”. With respect to claim 16: Chen in view of Cho teaches “the method according to claim 13”. Chen does not specifically teach “wherein the first electrode contacts the first connection electrode”. However, Cho teaches “wherein the first electrode contacts the first connection electrode (see Fig. 15)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the method of making the display device of Chen by forming a first connection electrode connected to the first electrode as taught by Cho to transmit a signal to the first electrode (Cho paragraph 120). With respect to claim 17: Chen in view of Cho teaches “the method according to claim 13 (see above)”. Chen further teaches “wherein the organic layer comprises a flexible organic material (paragraph 54)”. With respect to claim 18: Chen in view of Cho teaches “the method according to claim 13 (see above)”. Chen further teaches “wherein the forming of the insulating layer further comprises removing a portion (U) of the insulating layer (14) that contacts the organic layer (15)”. With respect to claim 20: Chen in view of Cho teaches “the method according to claim 13 (see above)”. Chen further teaches “wherein the light emitting elements are configured to emit a third color of light (paragraph 56), and wherein the forming of the color adjustment layer comprises: forming a first color adjustment layer by injecting a first color adjustment material into the third semiconductor layer in a first emission area (see Fig. 2f), the first color adjustment material being configured to convert the third color of light to a first color of light (paragraph 56); forming a second color adjustment layer by injecting a second color adjustment material into the third semiconductor layer in a second emission area (see Fig. 2f), the second color adjustment material being configured to convert the third color of light to a second color of light (paragraph 56); and forming a third color adjustment layer by injecting a third color adjustment material into the third semiconductor layer in a third emission area (see Fig. 2f), the third color adjustment material being configured to allow the third color of light to pass through the third color adjustment layer (paragraph 56)”. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Cho as applied to claim 13 above, and further in view of Song. With respect to claim 15: Chen in view of Cho teaches “the method according to claim 13 (see above)”. Chen does not specifically teach “further comprising forming a porous structure by etching the third semiconductor layer before the forming of the light emitting elements”. However, Song teaches “further comprising forming a porous structure (120) by etching (paragraph 54) the third semiconductor layer (110) before the forming of the light emitting elements (300)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify the method of Chen by etching a porous structure of Song due to the art recognized suitability of such as structure for the purpose of providing a color adjustment layer (Song paragraph 5). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Cho as applied to claim 13 above, and further in view of Bibl. With respect to claim 19: Chen in view of Cho teaches “the method according to claim 13 (see above)”. Chen does not specifically teach “further comprising forming a passivation layer on the color adjustment layer and the first electrode”. However, Bibl teaches “further comprising forming a passivation layer (316) on the color adjustment layer (110) and the first electrode (310)”. It would have been obvious at the time the application was effectively filed for one of ordinary skill in the art to modify method of Chen by forming the passivation layer of Bibl in order to protect the first electrode from other conducting layers (Bibl paragraph 58). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takiguchi et al. (US 20220199695 A1), which teaches a display device and method of making the display. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J. LEE whose telephone number is (571)270-5721. The examiner can normally be reached 9-5 EST M-F. 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, ABDULMAJEED AZIZ can be reached at (571)270-5046. 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. /NATHANIEL J LEE/Examiner, Art Unit 2875 /ABDULMAJEED AZIZ/Supervisory Patent Examiner, Art Unit 2875
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Prosecution Timeline

Dec 12, 2023
Application Filed
Jun 03, 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
63%
Grant Probability
85%
With Interview (+21.9%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 820 resolved cases by this examiner. Grant probability derived from career allowance rate.

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