Prosecution Insights
Last updated: April 19, 2026
Application No. 18/648,908

DISPLAY DEVICE

Non-Final OA §112§DP
Filed
Apr 29, 2024
Examiner
OJEH, NDUKA E
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 5m
To Grant
87%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
686 granted / 769 resolved
+21.2% vs TC avg
Minimal -2% lift
Without
With
+-2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
794
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
50.5%
+10.5% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 769 resolved cases

Office Action

§112 §DP
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 4/29/2024 and 4/29/2024 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Specification The abstract is consistent with the requirements set forth in the MPEP 608.01(b). The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claim 18 is objected to because of the following informalities: the last line recites “the opposite is open.” The phrase is missing the word “electrode” and should be rewritten to “the opposite electrode is open.” Appropriate correction is required. Claim Rejections - 35 USC § 112 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. Claims 12 and 18 are rejected under 35 U.S.C. 112(b), 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. Claim 12 recites the limitation "the second area" in line 2. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of “a second area” in claim 12 of claims 1 and 10-11 of which claim 12 is dependent on. For examination purposes, “the second area” is interpreted as “the non-display area.” Appropriate correction is required. Claim 18 recites the limitation "arranged to bypass the through-hole along a circumference of the through-hole" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim because there is no previous mention of a through-hole in claim 18. However, a first area is previously mentioned. For examination purposes, “the through-hole” is interpreted as “the first area” so that the limitation reads as follows “arranged to bypass the first area along a circumference of the first area.” Appropriate correction is required. Claims 19-20 are also rejected under 35 U.S.C. 112(b), as being indefinite for further limiting and dependent on indefinite claim 18. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1 and 3-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-16 of U.S. Patent No. 12,004,390. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 5-6 of the current application is broader and anticipated by claims 1 and 10 of patent no. 12,004,390. Claims 3-4, 7-9, 10-14 and 15-17 are unpatentable over and similar to claims 3-4, 11-13, 5-9 and 14-16 of patent no. 12,004,390, respectively. See table 1 below for claim to claim comparison. Claims 2 and 18-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-19 of U.S. Patent No. 12,004,390 in view of Kang et al. US PGPub. 2017/0162111. Regarding claims 2 and 18, neither claims 1 nor 17 or any other claims of patent no. 12,004,390 specify the limitation wherein “the first auxiliary pixel, and the second auxiliary pixel, and the third auxiliary pixel each include a pixel electrode, a middle layer on the pixel electrode, and an opposite electrode on the middle layer, and the first area is defined as an area where a portion of the opposite electrode is open.” However, Kang teaches a display device (1, fig. 1-8) [0055] comprising and auxiliary display area (DA2, fig. 6 and 8) [0061] comprising the first auxiliary pixel (PX2, fig. 6), and the second auxiliary pixel (PX2, fig. 6), and the third auxiliary pixel (PX2, fig. 6) each include a pixel electrode (221’, fig. 8) [0137], a middle layer (222’, fig. 8) [0137] on the pixel electrode (221’), and an opposite electrode (223’, fig. 8) [0137] on the middle layer (222’), and the first area (H, fig. 6 and 8) [0141] is defined as an area where a portion of the opposite electrode (223’) is open (Kang et al., fig. 6 and 8). At the time before the effective filing of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the display device of patent no. 12,004,390 by using the auxiliary pixels as taught by Kang because such pixel structure and opening in the opposite electrode is well known in the art and such structure is art recognized and suitable for the intended purpose of creating display device with opening to accommodate sensing devices like cameras (Kang et al., [0062]) (see MPEP 2144.07). Claims 19-20 are also unpatentable over and similar to claims 18-19 of patent no. 12,004,390, respectively. See table 1 below for claim to claim comparison. Current Application Patent No. 12,004,390 1. A display device comprising: a substrate in which a main display area, a first area inside the main display area, and an auxiliary display area between the main display area and the first area are defined; and a display unit comprising an auxiliary display and a main display, wherein the auxiliary display is disposed on the auxiliary display area and comprises a first auxiliary pixel, a second auxiliary pixel, and a third auxiliary pixel, and the main display is disposed on the main display area and comprises a plurality of main pixels, wherein the first auxiliary pixel is commonly driven by a first driving signal, the second auxiliary pixel is commonly driven by a second driving signal, and the third auxiliary pixel is commonly driven by a third driving signal, wherein a pixel circuit electrically connected to one of the first auxiliary pixel, the second auxiliary pixel, and the third auxiliary pixel is disposed outside the auxiliary display area. 1. A display device comprising: a substrate in which a main display area, a first non-display area inside the main display area, and an auxiliary display area between the main display area and the first non-display area are defined; and a display unit comprising an auxiliary display and a main display, wherein the auxiliary display is disposed on the auxiliary display area and comprises a 3. The display device of claim 1, wherein the display unit comprises a plurality of scan lines crossing the main display area in a first direction, and a plurality of data lines crossing the main display area in a second direction different from the first direction, and in the auxiliary display area, the plurality of scan lines and the plurality of data lines comprise a line routing unit bypassing the first area along a circumference of the first area. 3. The display device of claim 1, wherein the display unit comprises a plurality of scan lines crossing the main display area in a first direction, and a plurality of data lines crossing the main display area in a second direction different from the first direction, and in the auxiliary display area, the plurality of scan lines and the plurality of data lines comprise a line routing unit bypassing the first non-display area along a circumference of the first non-display area. 4. The display device of claim 1, wherein a plurality of auxiliary pixels comprising at least one first auxiliary pixel, at least one second auxiliary pixel, and at least one third auxiliary pixel is on the auxiliary display area, and the plurality of auxiliary pixels implements a same color. 4. The display device of claim 1, wherein a plurality of auxiliary pixels comprising at least one of the plurality of first auxiliary pixels, at least one of the plurality of second auxiliary pixels, and at least one of the plurality of third auxiliary pixels is on the auxiliary display area, and the plurality of auxiliary pixels implements a same color. 5. A display device comprising: a substrate in which a main display area, a first area inside the main display area, and an auxiliary display area between the main display area and the first area are defined; and a display unit comprising an auxiliary display and a main display, wherein the auxiliary display is disposed on the auxiliary display area and comprises a plurality of first auxiliary pixels, a plurality of second auxiliary pixels, and a plurality of third auxiliary pixels, and the main display is disposed on the main display area and comprises a plurality of main pixels, wherein the plurality of first auxiliary pixels is commonly driven by a first driving signal, the plurality of second auxiliary pixels is commonly driven by a second driving signal, and the plurality of third auxiliary pixels is commonly driven by a third driving signal, wherein the plurality of first auxiliary pixels comprises first pixel electrodes, and first middle layers on the first pixel electrodes and emitting a first color, respectively, the plurality of second auxiliary pixels comprises second pixel electrodes, and second middle layers on the second pixel electrodes and emitting a second color, respectively, and the plurality of third auxiliary pixels comprises third pixel electrodes, and third middle layers on the third pixel electrodes and emitting a third color, respectively, wherein the auxiliary display comprises first connection patterns connecting the first pixel electrodes to each other.6. The display device of claim 5, wherein the first pixel electrodes and the first connection patterns include a same material. 10. A display device comprising: a substrate in which a main display area, a first non-display area inside the main display area, and an auxiliary display area between the main display area and the first non-display area are defined; and a display unit comprising an auxiliary display and a main display, wherein the auxiliary display is disposed on the auxiliary display area and comprises a plurality of first auxiliary pixels, a plurality of second auxiliary pixels, and a plurality of third auxiliary pixels, and the main display is disposed on the main display area and comprises a plurality of main pixels, wherein the plurality of first auxiliary pixels is commonly driven by a first driving signal, the plurality of second auxiliary pixels is commonly driven by a second driving signal, and the plurality of third auxiliary pixels is commonly driven by a third driving signal, wherein the plurality of first auxiliary pixels comprises first pixel electrodes, and first middle layers on the first pixel electrodes and emitting a first color, respectively, the plurality of second auxiliary pixels comprises second pixel electrodes, and second middle layers on the second pixel electrodes and emitting a second color, respectively, and the plurality of third auxiliary pixels comprises third pixel electrodes, and third middle layers on the third pixel electrodes and emitting a third color, respectively, wherein the auxiliary display comprises first connection patterns connecting the first pixel electrodes to each other, and the first pixel electrodes and the first connection patterns include a same material. 7. The display device of claim 5, wherein the auxiliary display further comprises second connection patterns connecting the second pixel electrodes to each other, and third connection patterns connecting the third pixel electrodes to each other. 11. The display device of claim 10, wherein the auxiliary display further comprises second connection patterns connecting the second pixel electrodes to each other, and third connection patterns connecting the third pixel electrodes to each other. 8. The display device of claim 7, wherein the second pixel electrodes and the second connection patterns include a same material. 12. The display device of claim 11, wherein the second pixel electrodes and the second connection patterns include a same material. 9. The display device of claim 7, wherein the third pixel electrodes and the third connection patterns include a same material. 13. The display device of claim 11, wherein the third pixel electrodes and the third connection patterns include a same material. 10. The display device of claim 1, further comprising an auxiliary driver which applies an external driving signal to the auxiliary display. 5. The display device of claim 1, further comprising an auxiliary driver which applies an external driving signal to the auxiliary display. 11. The display device of claim 10, wherein the substrate further comprises a non-display area located outside the main display area along edges of the substrate, and the display device further comprises a first control line on the non-display area, wherein the first control line has a first end connected to the auxiliary driver and a second end connected to the plurality of first auxiliary pixels. 6. The display device of claim 5, wherein the substrate further comprises a second non-display area located outside the main display area along edges of the substrate, and the display device further comprises a first control line on the second non-display area, wherein the first control line has a first end connected to the auxiliary driver and a second end connected to the plurality of first auxiliary pixels. 12. The display device of claim 11, further comprising a second control line and a third control line on the second area, wherein the second control line has a first end connected to the auxiliary driver and a second end connected to the plurality of second auxiliary pixels, and the third control line has a first end connected to the auxiliary driver and a second end connected to the plurality of third auxiliary pixels. 7. The display device of claim 6, further comprising a second control line and a third control line on the second non-display area, wherein the second control line has a first end connected to the auxiliary driver and a second end connected to the plurality of second auxiliary pixels, and the third control line has a first end connected to the auxiliary driver and a second end connected to the plurality of third auxiliary pixels. 13. The display device of claim 1, wherein the main display further comprises a plurality of main pixel circuits, and each of the plurality of main pixel circuits is configured to drive a corresponding main pixel of the plurality of main pixels and comprises at least one thin-film transistor. 8. The display device of claim 1, wherein the main display further comprises a plurality of pixel circuits, and each of the plurality of pixel circuits is configured to drive a corresponding main pixel of the plurality of main pixels and comprises at least one thin-film transistor. 14. The display device of claim 1, wherein the auxiliary display does not comprise a thin-film transistor. 9. The display device of claim 1, wherein the auxiliary display does not comprise a thin-film transistor. 15. The display device of claim 7, wherein the first pixel electrodes and the first connection patterns, the second pixel electrodes and the second connection patterns, and the third pixel electrodes and the third connection patterns are each arranged in a concentric circle shape along an outer circumference of the first area. 14. The display device of claim 11, wherein the first pixel electrodes and the first connection patterns, the second pixel electrodes and the second connection patterns, and the third pixel electrodes and the third connection patterns are each arranged in a concentric circle shape along an outer circumference of the first non-display area. 16. The display device of claim 15, wherein the second pixel electrodes and the second connection patterns are arranged to surround the first pixel electrodes and the first connection patterns, and at least one of the second connection patterns has a disconnected portion in the circle shape thereof. 15. The display device of claim 14, wherein the second pixel electrodes and the second connection patterns are arranged to surround the first pixel electrodes and the first connection patterns, and at least one of the second connection patterns has a disconnected portion in the circle shape thereof. 17. The display device of claim 16, wherein the third pixel electrodes and the third connection patterns are arranged to surround the second pixel electrodes and the second connection patterns, and at least one of the third connection patterns has a disconnected portion in the circle shape thereof. 16. The display device of claim 15, wherein the third pixel electrodes and the third connection patterns are arranged to surround the second pixel electrodes and the second connection patterns, and at least one of the third connection patterns has a disconnected portion in the circle shape thereof. 18. A display device comprising: a substrate in which a first area is defined; and a display unit on the substrate, wherein the display unit comprises a plurality of scan lines extending in a first direction, a plurality of data lines extending in a second direction different from the first direction, and a line routing unit in which the plurality of scan lines and the plurality of data lines are arranged to bypass the through-hole along a circumference of the through-hole, wherein the line routing unit comprises a plurality of first auxiliary pixels which emits a first color and is driven by a first driving signal, a plurality of second auxiliary pixels which emits a second color and is driven by a second driving signal, and a plurality of third auxiliary pixels which emits a third color and is driven by a third driving signal, wherein the plurality of first auxiliary pixels, the plurality of second auxiliary pixels, and the plurality of third auxiliary pixels each include a pixel electrode, a middle layer on the pixel electrode, and an opposite electrode on the middle layer, and the first area is defined as an area where a portion of the opposite is open. 17. A display device comprising: a substrate in which a through-hole is defined; and a display unit on the substrate, wherein the display unit comprises a plurality of scan lines extending in a first direction, a plurality of data lines extending in a second direction different from the first direction, and a line routing unit in which the plurality of scan lines and the plurality of data lines are arranged to bypass the through-hole along a circumference of the through-hole, wherein the line routing unit comprises a plurality of first auxiliary pixels which emits a first color and is driven by a first driving signal, a plurality of second auxiliary pixels which emits a second color and is driven by a second driving signal, and a plurality of third auxiliary pixels which emits a third color and is driven by a third driving signal. 19. The display device of claim 18, wherein the plurality of first auxiliary pixels is simultaneously driven by the first driving signal, the plurality of second auxiliary pixels is simultaneously driven by the second driving signal, and the plurality of third auxiliary pixels is simultaneously driven by the third driving signal. 18. The display device of claim 17, wherein the plurality of first auxiliary pixels is simultaneously driven by the first driving signal, the plurality of second auxiliary pixels is simultaneously driven by the second driving signal, and the plurality of third auxiliary pixels is simultaneously driven by the third driving signal. 20. The display device of claim 18, wherein the line routing unit does not comprise a thin-film transistor. 19. The display device of claim 17, wherein the line routing unit does not comprise a thin-film transistor. Table 1 Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NDUKA E OJEH whose telephone number is (571)270-0291. The examiner can normally be reached M-F; 9am - 5pm.. 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, DREW N RICHARDS can be reached at (571) 272-1736. 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. /NDUKA E OJEH/Primary Examiner, Art Unit 2892
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
Dec 16, 2025
Non-Final Rejection — §112, §DP (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
89%
Grant Probability
87%
With Interview (-2.3%)
2y 5m
Median Time to Grant
Low
PTA Risk
Based on 769 resolved cases by this examiner. Grant probability derived from career allow rate.

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