Prosecution Insights
Last updated: July 17, 2026
Application No. 18/632,440

DISPLAY DEVICE AND ELECTRONIC APPLIANCE

Non-Final OA §102§103
Filed
Apr 11, 2024
Priority
Apr 21, 2023 — JP 2023-070064
Examiner
BREVAL, ELMITO
Art Unit
Tech Center
Assignee
Semiconductor Energy Laboratory 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
+16.5% 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 and 6-9 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Jeong et al. (US. Pub: 2023/0102623 A1~ hereinafter “Jeong”). Regarding claim 1, Jeong discloses (in at least fig. 6) a display device comprising: a substrate (310); an insulating layer (400; [0142]) over the substrate; a color conversion layer (330, 340; [0142]); a first inorganic film (391; [0141]); and a second inorganic film (393; [0152]), wherein the insulating layer (400) comprises an opening (see fig. 6), wherein the color conversion layer (330, 340) is in the opening, wherein the first inorganic film (391) comprises a first portion between the insulating layer (400) and the color conversion layer (330, 340) in the opening and a second portion between the substrate (310) and the color conversion layer (330, 340) in the opening, and wherein the second inorganic film (393) is over the color conversion layer. Regarding claim 6, Jeong discloses (in at least fig. 6) a height from a top surface of the substrate (310) to a top surface of the insulating layer (400) is higher than a height from the top surface of the substrate to a top surface of the color conversion layer (330, 340). Regarding claim 7, Jeong discloses (in at least fig. 6) a coloring layer (231, 232, 233; [0132]), wherein the coloring layer comprises a portion between the substrate (310) and the insulating layer (400) and a portion between the substrate (310) and the first inorganic film (391). Regarding claim 8, Jeong discloses (in at least figs. 5 and 6) a light-emitting device (ED1-ED3), wherein the light-emitting device (ED1-ED3) overlaps with the color conversion layer (330, 340). Regarding claim 9, Jeong discloses (in at least figs. 1 and 2; [0078]) An electronic appliance comprising the display device according to claim 1, and at least one of a sensing portion, an input portion, and a communication portion ([0078]). 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) 2-5, and 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong et al. (US. Pub: 2023/0102623 A1~ hereinafter “Jeong” in view of Lee et al. (US. Pub: 2022/0045132 A1~hereinafter “Lee”). Regarding claim 2, Jeong discloses (in at least fig. 6) a display device comprising: a substrate (310); an insulating layer (400; [0142]) over the substrate; a color conversion layer (330, 340; [0142]); a first inorganic film (391; [0141]); and a second inorganic film (393; [0152]), wherein the insulating layer (400) comprises an opening (see fig. 6), wherein the color conversion layer (330, 340) is in the opening, wherein the first inorganic film (391) comprises a first portion between the insulating layer (400) and the color conversion layer (330, 340) in the opening, a second portion between the substrate (310) and the color conversion layer (330, 340) in the opening. Jeong does not expressly disclose a third portion over the insulating layer, and wherein the second inorganic film is over the color conversion layer and the third portion. Lee discloses (in at least at least fig. 2) a display device comprised of, in part, a first inorganic film (242; [0081]) comprised of, in part, a third portion over the insulating layer (260; [0082]), and wherein the second inorganic film (241; [0074]) is over the color conversion layer (250; [0081]) and the opening in order to reduce or effectively prevent impurities such as moisture and air from penetrating to the color filter layer and the color conversion layer from outside ([0081]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to arrange the first inorganic film of Jeong as taught by Lee in order to reduce or effectively prevent impurities such as moisture and air from penetrating to the color filter layer and the color conversion layer from outside ([0081]). Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 3, Lee discloses (in at least at least fig. 2) the third portion is in contact with the second inorganic film (241). Regarding claim 4, Jeong discloses (in at least fig. 6) a display device comprising: a substrate (310); an insulating layer (400; [0142]) over the substrate; a color conversion layer (330, 340; [0142]); a first inorganic film (391; [0141]); and a second inorganic film (393; [0152]), wherein the insulating layer (400) comprises an opening (see fig. 6), wherein the color conversion layer (330, 340) is in the opening, wherein the first inorganic film (391) comprises a first portion between the insulating layer (400) and the color conversion layer (330, 340) in the opening, a second portion between the substrate (310) and the color conversion layer (330, 340) in the opening. Jeong does not expressly a third portion over the insulating layer, wherein the second inorganic film is over the color conversion layer and the third portion, and wherein the third inorganic film comprises a portion between the substrate and the insulating layer and a portion between the substrate and the first inorganic film. Lee discloses (in at least fig. 2) a display device comprised of, in part, a first inorganic film (242; [0081]) comprised of, in part, a third portion over the insulating layer (260; [0082]), and wherein the second inorganic film (241; [0074]) is over the color conversion layer (250; [0081]) and the third portion, and wherein a third inorganic film (400; 153; [0067]) comprises a portion between the substrate (110) and the insulating layer (260) and a portion between the substrate and the first inorganic film ( 242) in order to reduce or effectively prevent impurities such as moisture and air from penetrating to the color filter layer and the color conversion layer from outside ([0081]). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to modify the display device of Jeong with the teachings of Lee in order to reduce or effectively prevent impurities such as moisture and air from penetrating to the color filter layer and the color conversion layer from outside ([0081]). Furthermore, it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claim 5, Lee discloses (in at least fig. 2) the first inorganic film (242) comprises a fourth portion in contact with the second inorganic film (241) and the third inorganic film (400). Regarding claim 10, Jeong discloses (in at least fig. 6) a height from a top surface of the substrate (310) to a top surface of the insulating layer (391) is higher than a height from the top surface of the substrate to a top surface of the color conversion layer (330, 340). Regarding claim 11, Jeong discloses (in at least fig. 6) a coloring layer (231, 232, 233; [0132]), wherein the coloring layer comprises a portion between the substrate (310) and the insulating layer (400) and a portion between the substrate (310) and the first inorganic film (391). Regarding claim 12, Jeong discloses (in at least figs. 5 and 6) a light-emitting device (ED1-ED3), wherein the light-emitting device (ED1-ED3) overlaps with the color conversion layer (330, 340). Regarding claim 13, Jeong discloses (in at least figs. 1-2, 5 and 6) an electronic appliance comprising the display device according to claim 2, and at least one of a sensing portion, an input portion, and a communication portion ([0078]). Regarding claim 14, Jeong as modified by Lee (in at least figs. 5 and 6 Jeong; fig. 2 Lee) a height from a top surface of the substrate (310) to a top surface of the insulating layer (391) is higher than a height from the top surface of the substrate (310) to a top surface of the color conversion layer (330, 340). Regarding claim 15, Jeong discloses (in at least fig. 6) a coloring layer (231, 232, 233; [0132]), wherein the coloring layer comprises a portion between the substrate (310) and the insulating layer (400) and a portion between the substrate (310) and the first inorganic film (391). Regarding claim 16, Jeong discloses (in at least figs. 5 and 6) a light-emitting device (ED1-ED3), wherein the light-emitting device (ED1-ED3) overlaps with the color conversion layer (330, 340). Regarding claim 17, Jeong discloses (in at least figs. 1 and 2; [0078]) An electronic appliance comprising the display device according to claim 1, and at least one of a sensing portion, an input portion, and a communication portion ([0078]). 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

Apr 11, 2024
Application Filed
Oct 30, 2024
Response after Non-Final Action
Jun 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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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