Prosecution Insights
Last updated: October 02, 2026
Application No. 18/672,765

DISPLAY DEVICE

Non-Final OA §103
Filed
May 23, 2024
Priority
Nov 27, 2023 — RE 10-2023-0166661
Examiner
DANG, PHUC T
Art Unit
Tech Center
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
95%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 95% — above average
95%
Career Allowance Rate
1761 granted / 1845 resolved
+35.4% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
26 currently pending
Career history
1857
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
61.3%
+21.3% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1845 resolved cases

Office Action

§103
DETAILED ACTION 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Oath/Declaration 2. The oath/declaration filed on 05/23/2024 is acceptable. Priority 3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement 4. The office acknowledges receipt of the following items from the applicant: Information Disclosure Statement (IDS) filed on 05/23/2024. Specification 5. The specification is objected to for the following reason: 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 (see MPEP 606.01). A title such as – DISPLAY DEVICE INCLUDING AN ORGANIC FUNCTIONAL LAYER DIPOSED ON A COMMON ELECTRODE – or is suggested by the applicant. Claim Objections 6. Claims 5-10, 17-18 and 20 are objected to because of the following reasons: In claims 5-10, 17-18 and 20, a term of “first functional layer, second functional layer and third functional layer” should replace by -- first organic functional layer, second organic functional layer and third organic functional layer --. Claim Rejections - 35 USC § 103 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 of this title, 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. 7. Claims 1 and 11-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et al., hereafter “YANG” (U.S. Publication No. 2023/0163259 A1) in view of LU J (CN-107919058-A). Regarding claim 1, YANG discloses a display device comprising: a substrate (110); a pixel electrode (PE, para [0078]) disposed on the substrate (110); a bank layer (185, para [0079]) covering lateral edges of the pixel electrode (PE) and including openings defining a plurality of emission areas (para [0082]); a plurality of light-emitting structures (in addition to the emission layer EL, at least one of a hole injection layer, a hole transport layer, an electron transport layer, or an electron injection layer may be disposed on the pixel electrode PE (para [0080])), is disposed on the pixel electrode (PE), the plurality of light-emitting structures is disposed in the plurality of emission areas, respectively; a common electrode (CE, para [0081]) disposed on the plurality of light-emitting structures and the bank layer (185); and an organic functional layer (a capping layer and/or a functional layer may be further formed between the common electrode CE and the first encapsulation layer 190, para [0131]) disposed on the common electrode (CE) and disposed in the plurality of emission areas (Fig. 8). YANG discloses the features of the claimed invention as discussed above, but does not disclose wherein the organic functional layer comprises polyacrylic acid. However, it would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the electronic functional layer including an organic material functional layer in the electroluminescent device which is commonly used to improve the performance of the display device, since it has been held to be within the general skill of the worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (see evidence in WANG D (CN-104332562-A)). YANG discloses the features of the claimed invention as discussed above but does not disclose wherein the organic functional layer comprises polyacrylic acid. LU J, however, discloses the organic layer comprises a fluorine-based carbon compound (such as polyacrylic acid, polyimide and Teflon) or an organic insulating material (such as epoxy and benzocyclobutene) (see English Text). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use the organic functional layer teaching of LU J with YANG because such material substitution or replacement would have been considered a mere substitution of art-recognized equivalent values, i.e. to improve the efficiency of the light-emitting element. MPEP 2144.06. Regarding claim 11, YANG and LU J (citations to YANG unless otherwise noted) discloses wherein the organic functional layer directly contacts an upper surface of the common electrode (CE) (Fig. 8 and a functional layer may be further formed between the common electrode CE and the first encapsulation layer 190, para [0131]). Regarding claim 12, YANG and LU J (citations to YANG unless otherwise noted) discloses further comprising: a thin-film encapsulation layer (190) disposed on the organic functional layer (para [0131]), wherein the thin-film encapsulation layer (190) comprises a first inorganic encapsulation film (191), an organic encapsulation film (192) disposed on the first inorganic encapsulation film (191), and a second inorganic encapsulation film (193) disposed on the organic encapsulation film (192) (Fig. 8 and para [0083]). 8. Claims 15-16 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG et al., hereafter “YANG” (U.S. Publication No. 2023/0163259 A1) in view of KANEHIRO et al., hereafter “KANEHIRO” (U.S. Publication No. 2022/0173171 A1) in view of LU J (CN-107919058-A) and further in view of SASAGAWA S (WO-2022224073-A). Regarding claim 15, YANG discloses a display device comprising: a substrate (110); a light-emitting element layer (EL, para [0080]) disposed on the substrate (110) and an electron transport layer (para [0080]); a thin-film encapsulation layer (190) disposed on the light-emitting element layer (EL); and an organic functional layer disposed between the light-emitting element layer and the thin-film encapsulation layer (a capping layer and/or a functional layer may be further formed between the common electrode CE and the first encapsulation layer 190, para [0131]) (Fig. 8). YANG discloses the features of the claimed invention as discussed above, but does not disclose a light-emitting element layer comprising a quantum-dot light-emitting layer. KANEHIRO, however, discloses a light-emitting element layer (5) comprising a quantum-dot light-emitting layer (Fig.1 (b) and para [0134]). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of YANG to provide a light-emitting element layer comprising a quantum-dot light-emitting layer as taught by KANEHIRO for a purpose of improving the device performance for the LED. YANG and KANEHIRO discloses the features of the claimed invention as discussed above but does not disclose wherein the organic functional layer comprises polyacrylic acid. However, it would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the electronic functional layer including an organic material functional layer in the electroluminescent device which is commonly used to improve the performance of the display device, since it has been held to be within the general skill of the worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416 (see evidence in WANG D (CN-104332562-A)). YANG discloses the features of the claimed invention as discussed above, but does not disclose wherein the organic functional layer comprises polyacrylic acid and an acidic substance. LU J, however, discloses the organic layer comprises a fluorine-based carbon compound (such as polyacrylic acid, polyimide and Teflon) or an organic insulating material (such as epoxy and benzocyclobutene) (see English Text). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use the organic functional layer teaching of LU J with YANG and KANEHIRO because such material substitution or replacement would have been considered a mere substitution of art-recognized equivalent values, i.e. to improve the efficiency of the light-emitting element. MPEP 2144.06. YANG, KANEHIRO and LU J discloses the features of the claimed invention as discussed above but does not disclose wherein the organic functional layer comprises an acidic substance. SASAGAWA S, however, discloses the organic acids including citric acid or axalic acid can be used comprises an acidic substance (see English Text). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use the organic functional layer teaching of SASAGAWA S with YANG and KANEHIRO and LU J because such material substitution or replacement would have been considered a mere substitution of art-recognized equivalent values, i.e. to improve the efficiency of the light-emitting element. MPEP 2144.06. Regarding claim 16, YANG, KANEHIRO, LU J and SASAGAWA S (citations to YANG unless otherwise noted) discloses wherein: the light-emitting element layer (5) comprises a pixel electrode (22) disposed under the quantum-dot light-emitting layer (25), and a common electrode (28) disposed on the electron transport layer (27) (Fig. 1(b) and para [0031] in KANEHIRO), wherein the organic functional layer directly contacts the common electrode (28/CE) (Fig. 8 and para [0131]). 9. Claims 2 and 4 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG and LU J in view of SASAGAWA S (WO-2022224073-A). Regarding claims 2 and 4, YANG and LU J discloses the features of the claimed invention as discussed above, but does not disclose wherein the organic functional layer further comprises an acidic substance, and wherein the acidic substance comprises citric acid or sulfuric acid. SASAGAWA S, however, discloses the organic acids including citric acid or axalic acid can be used comprises an acidic substance (see English Text). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use the organic functional layer teaching of SASAGAWA S with YANG and KANEHIRO and LU J because such material substitution or replacement would have been considered a mere substitution of art-recognized equivalent values, i.e. to improve the efficiency of the light-emitting element. MPEP 2144.06. 10. Claim 3 is rejected under 35 U.S.C. 103(a) as being unpatentable over YANG, LU J and SASAGAWA S in view of SHIN H (KR-20190011371-A1). Regarding claim 3, YANG, LU J and SASAGAWA S disclose the features of the claimed invention as discussed above but does not disclose wherein the acidic substance comprises a carboxyl group. SHIN H, however, discloses organic film 200 may include an organic material including a carboxyl group (-COOH) (Fig. 5 and English Text). It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to use the organic functional layer teaching of SHIN H with YANG, LU J and SASAGAWA S because such material substitution or replacement would have been considered a mere substitution of art-recognized equivalent values, i.e. to improve the reliability of the light-emitting element. MPEP 2144.06. 11. Claims 5-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG and LU J in view of JIN Z (CN-111668265-A). Regarding claim 5, YANG and LU J disclose the features of the claimed invention as discussed above including wherein: the plurality of emission areas comprises a first emission area, a second emission area and a third emission area (Fig. 8), but does not disclose wherein the organic functional layer comprises a first functional layer disposed in the first emission area, a second functional layer disposed in the second emission area, and a third functional layer disposed in the third emission area. JIN Z, however, discloses the functional layer may be disposed between the common electrode 270 and the encapsulation layer 400 (Fig. 3 and English Text). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of YANG and LU J to provide the functional layer may be disposed between the common electrode and the encapsulation layer as taught by JIN Z for a purpose of improving the characteristics of light emitted from the organic light emitting diode (OLED). Then, the organic functional layer will comprise a first functional layer disposed in the first emission area, a second functional layer disposed in the second emission area, and a third functional layer disposed in the third emission area. Regarding claim 6, YANG, LU J and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein the first functional layer, the second functional layer and the third functional layer have different thicknesses from each other. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide the first functional layer, the second functional layer and the third functional layer have different thicknesses from each other, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 7, YANG, LU J and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein: a thickness of the first functional layer is less than a thickness of the second functional layer; and the thickness of the second functional layer is less than a thickness of the third functional layer. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein: a thickness of the first functional layer is less than a thickness of the second functional layer; and the thickness of the second functional layer is less than a thickness of the third functional layer, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 8, YANG, LU J and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein: a thickness of the first functional layer is equal to a thickness of the second functional layer; and a thickness of the third functional layer is greater than the thickness of the first functional layer and the thickness of the second functional layer. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein: a thickness of the first functional layer is equal to a thickness of the second functional layer; and a thickness of the third functional layer is greater than the thickness of the first functional layer and the thickness of the second functional layer, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 9, YANG, LU J and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein the first functional layer, the second functional layer and the third functional layer have a same thickness as each other. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein the first functional layer, the second functional layer and the third functional layer have a same thickness as each other, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 10, YANG, LU J and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein a thickness of each of the first functional layer, the second functional layer and the third functional layer is in a range of about 100 nm to about 1,400 nm. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein a thickness of each of the first functional layer, the second functional layer and the third functional layer is in a range of about 100 nm to about 1,400 nm, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. 12. Claims 13-14 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG and LU J in view of KANEHIRO et al., hereafter “KANEHIRO” (U.S. Publication No. 2022/0173171 A1) Regarding claim 13, YANG and LU J disclose the features of the claimed invention as discussed above, but does not disclose wherein each of the light-emitting structures comprises: a quantum-dot light-emitting layer; and an electron transport layer disposed on the quantum-dot light-emitting layer. KANEHIRO, however, discloses each of the light-emitting structures comprises: a quantum-dot light-emitting layer (25); and an electron transport layer (27) disposed on the quantum-dot light-emitting layer (25) (Fig. 8 and para [0131]). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of YANG and LU J to provide wherein each of the light-emitting structures comprises: a quantum-dot light-emitting layer; and an electron transport layer disposed on the quantum-dot light-emitting layer as taught by KANEHIRO for a purpose of improving the device performance for the LED. Regarding claim 14, YANG, LU J and KANEHIRO (citations to YANG unless otherwise noted) discloses wherein the electron transport layer comprises metal oxide (ZnO in Fig. 8 in KANEHIRO). 13. Claims 17-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over YANG, KANEHIRO, LU J and SASAGAWA S in view of JIN Z (CN-111668265-A). Regarding claim 17, YANG and LU J disclose the features of the claimed invention as discussed above including wherein: the light-emitting element layer (LED) comprises a bank layer (185) that covers lateral edges of the pixel electrode (PE) and including openings defining a plurality of emission areas; and the plurality of emission areas comprise a first emission area, a second emission area and a third emission area (Fig. 8), but does not disclose wherein the organic functional layer comprises a first functional layer disposed in the first emission area, a second functional layer disposed in the second emission area, and a third functional layer disposed in the third emission area. JIN Z, however, discloses the functional layer may be disposed between the common electrode 270 and the encapsulation layer 400 (Fig. 3 and English Text). It would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to modify the teaching of YANG and LU J to provide the functional layer may be disposed between the common electrode and the encapsulation layer as taught by JIN Z for a purpose of improving the characteristics of light emitted from the organic light emitting diode (OLED). Then, the organic functional layer will comprise a first functional layer disposed in the first emission area, a second functional layer disposed in the second emission area, and a third functional layer disposed in the third emission area. Regarding claim 18, YANG, KANEHIRO, LU J, SASAGAWA S and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein: a thickness of the first functional layer is less than a thickness of the second functional layer; and the thickness of the second functional layer is less than a thickness of the third functional layer. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein: a thickness of the first functional layer is less than a thickness of the second functional layer; and the thickness of the second functional layer is less than a thickness of the third functional layer, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 19, YANG, KANEHIRO, LU J and SASAGAWA S and JIN Z (citations to YANG unless otherwise noted) discloses wherein: the first emission area emits first light, the first light is red; the second emission area emits second light, the second light is green; and the third emission area emits third light, the third light is blue (Fig. 3 and para [0063]). Regarding claim 20, YANG, KANEHIRO, LU J, SASAGAWA S and JIN Z disclose the features of the claimed invention as discussed above, but does not disclose wherein: a thickness of the first functional layer is equal to a thickness of the second functional layer; and a thickness of the third functional layer is greater than the thickness of the first functional layer and the thickness of the second functional layer. However, the selection of the claimed device parameters would have been obvious to one having ordinary skill in the art before the effective filing date was made to provide wherein: a thickness of the first functional layer is equal to a thickness of the second functional layer; and a thickness of the third functional layer is greater than the thickness of the first functional layer and the thickness of the second functional layer, since it is well settles that when the general conditions of a claim are discloses in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Cited Prior Arts 14. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Hwang (U.S. Publication No. 2023/0107800 A1) discloses a flexible device comprises an anode (131), a cathode (133) and a light emitting unit (132) and the light emitting unit (132) serves to emit light and may include at least one of a hole injection layer (HIL), a hole transport layer (HTL), a light emitting layer, an electron transport layer (ETL), and an electron injection layer (EIL), and some components may be omitted depending on a structure or characteristics of the flexible display device 100. Here, an electroluminescent layer and an inorganic emitting layer may be used as the light emitting layer. Conclusion 15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Phuc T. Dang whose telephone number is 571-272-1776. The examiner can normally be reached on 8:00 am-5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jacob Choi can be reached on 469-295-9060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUC T DANG/Primary Examiner, Art Unit 2897
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Prosecution Timeline

May 23, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
95%
Grant Probability
97%
With Interview (+1.3%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1845 resolved cases by this examiner. Grant probability derived from career allowance rate.

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