Prosecution Insights
Last updated: April 19, 2026
Application No. 18/674,090

FLEXIBLE DISPLAY DEVICE AND UPPER FILM THEREFOR

Non-Final OA §102§103
Filed
May 24, 2024
Examiner
SHEN, YUZHEN
Art Unit
2623
Tech Center
2600 — Communications
Assignee
Samsung Display Co., Ltd.
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
84%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
507 granted / 720 resolved
+8.4% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
44 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.7%
+13.7% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
16.7%
-23.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 720 resolved cases

Office Action

§102 §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 . Continued Examination Under 37 CFR 1.114 2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/29/2025 has been entered. Claim Rejections - 35 USC § 102 3. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 4. Claims 15 and 20-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Pang (US 20230174826 A1). Regarding claim 15, Pang (e.g., Figs. 1-5) discloses an upper film (e.g., Fig. 4; protection film 22; [0076]) for a flexible display device comprising: an adhesive layer (adhesive layer 2) for attaching to the flexible display device; a protection film (film 12) comprises a polyurethane ([0087]; polyurethane) and disposed on the adhesive layer (adhesive layer 2); a base film (film 11) disposed on the protection film (film 12); and a hard coating layer (hard coating layer 3) disposed on the base film (film 11), wherein the base film (film 11) has a first thickness ([0086] and [0185]; e.g., 50-80um), and the protection film (film 12) has a second thickness ([0087] and [0187]; e.g., 25-50um) thinner than the first thickness ([0086] and [0185]; e.g., 50-80um), wherein the second thickness is equal to or greater than about 20 micrometers and equal to or less than about 40 micrometers, and wherein the second thickness of the protection film is equal to or less than 80 % of the first thickness of the base film, and wherein the first thickness of the base film is equal to or greater than about 50 um and equal to or less than about 125 um ([0086]-[0087] teach the base film 11 has a first thickness t1, and 50≤ t1≤ 80um, the film 12 has a second thickness t2, and 20 ≤ t2 ≤50um. [0185] and [0187] further teach an example that the base film 11 has a first thickness t1=50um and the film 12 has a second thickness t2=30um, therefore, the second thickness t2=30um is in the range of 20-40um, the first thickness t1=50um is in the range of 50-125um, and the second thickness t2 is less than 80% of the first thickness t1). Regarding claim 20, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 15, wherein the base film includes at least one selected from a polyimide, a polycarbonate, a polymethyl methacrylate, a polyethylene terephthalate (PET), a cycloolefin polymer, and a triacetyl cellulose ([0086]; e.g., polyimide). Regarding claim 21, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 15, wherein the protection film further comprises, a mixed resin including a polyurethane, or a copolymer including at least one resin including a urethane functional group ([0086]). Claim Rejections - 35 USC § 103 5. 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. 6. Claims 1-3, 5 and 7-12 are rejected under 35 U.S.C. 103 as unpatentable over YUG (US 20200301474 A1) in view of Pang (US 20230174826 A1). Regarding claim 1, YUG (e.g., Figs. 1-5) discloses a flexible display device comprising: a display panel including a touch sensor (display panel 100 including a touch sensor TSL; [0072] and [0079]), wherein the display panel is flexible (e.g., Figs. 1-5; flexible display); a cover window (cover window 300; [0083]) disposed on a front surface of the display panel (display panel 100); and a front surface film (protection film 310) disposed on a front surface of the cover window (cover window 300). YUG does not disclose wherein the front surface film (protection film 310) comprises an adhesive layer, a protection film, a base film, and a hard coating layer. However, Pang (e.g., Figs. 1-5) discloses a flexible display device similar to that disclosed by YUG, comprising: a display panel including a touch sensor (display 21 including a touch sensor; [0076]), wherein the display panel is flexible (e.g., Figs. 1-2; display 21 is foldable; [0076]); a front surface film (e.g., Fig. 4; protection film 22; [0076]) disposed on a front surface of the display panel (display 21), wherein the front surface film (e.g., Fig. 4; protection film 22; [0076]) comprises an adhesive layer (adhesive layer 2), a protection film (film 12), a base film (film 11), and a hard coating layer (hard coating layer 3), wherein the protection film (film 12) is disposed on a first side of the base film (film 11) having a first thickness ([0086]; e.g., 50-80um), wherein the protection film (film 12) comprises a polyurethane ([0087]; polyurethane), and has a second thickness ([0087]; e.g., 25-50um) thinner than the first thickness ([0086]; e.g., 50-80um), wherein the second thickness is equal to or greater than about 20 micrometers and equal to or less than about 40 micrometers, wherein the second thickness of the protection film is equal to or less than 80 % of the first thickness of the base film, and wherein the first thickness of the base film is equal to or greater than about 50 um and equal to or less than about 125 um ([0086]-[0087] teach the base film 11 has a first thickness t1, and 50≤ t1≤ 80um, the film 12 has a second thickness t2, and 20 ≤ t2 ≤50um. [0185] and [0187] further teach an example that the base film 11 has a first thickness t1=50um and the film 12 has a second thickness t2=30um, therefore, the second thickness t2=30um is in the range of 20-40um, the first thickness t1=50um is in the range of 50-125um, and the second thickness t2 is less than 80% of the first thickness t1). wherein the adhesive layer (adhesive layer 2) is disposed between the protection film (film 12) and the display panel (display 21). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from Pang to the protection film of the cover window of the display device of YUG. The combination/motivation would be to provide a protection film with a high durability, rigidity, and flexibility for a foldable display device. Regarding claim 2, YUG in view of Pang discloses the flexible display device of claim 1, Pang (e.g., Figs. 1-5) discloses wherein the first side of the base film is a rear surface of the base film (e.g., Fig. 5; film 11), and the protection film (e.g., Fig. 5; film 12) is disposed on the rear surface of the base film (e.g., Fig. 5; film 11). Regarding claim 3, YUG in view of Pang discloses the flexible display device of claim 2, Pang (e.g., Figs. 1-5) discloses wherein the hard coating layer (hard coating layer 3) is disposed on a front surface of the base film (film 11). Regarding claim 5, YUG in view of Pang discloses the flexible display device of claim 4, YUG (e.g., Figs. 1-5) discloses wherein a radius of curvature of the flexible display device in a bent state is about 1.5 mm ([0062]; ~1.5mm). Regarding claim 7, YUG in view of Pang discloses the flexible display device of claim 1, YUG (e.g., Figs. 1-5) discloses wherein the cover window comprises a glass or a polymer film ([0083]; glass). Regarding claim 8, YUG in view of Pang discloses the flexible display device of claim 7, Pang (e.g., Figs. 1-5) discloses wherein the base film includes at least one selected from a polyimide, a polycarbonate, a polymethyl methacrylate, a polyethylene terephthalate (PET), a cycloolefin polymer, and a triacetyl cellulose ([0086]; e.g., polyimide). Regarding claim 9, YUG in view of Pang discloses the flexible display device of claim 8, Pang (e.g., Figs. 1-5) discloses wherein the protection film further comprises a mixed resin including a polyurethane, or a copolymer including a resin including a urethane functional group ([0086]; e.g., polyurethane). Regarding claim 11, YUG in view of Pang discloses the flexible display device of claim 1, YUG (e.g., Figs. 1-5) discloses the flexible display device further comprising: a lower film (lower film 400) attached to a rear surface of the display panel (display panel 100). Regarding claim 12, YUG in view of Pang discloses the flexible display device of claim 1, YUG (e.g., Figs. 1-5) discloses the flexible display device further comprising: a polarizer (polarizer 200) disposed between the display panel (display panel 100) and the cover window (cover window 300). 7. Claim 6 is rejected under 35 U.S.C. 103 as unpatentable over YUG (US 20200301474 A1) in view of Pang (US 20230174826 A1) and further in view of KAZUYOSHI (JP 2020184077 A). Regarding claim 6, YUG in view of Pang discloses the flexible display device of claim 4, Pang (e.g., Figs. 1-5) discloses wherein the protection film or the base film has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85 % ([0087]; film 12 comprises a polyurethane, which has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85 %). The examiner further cites KAZUYOSHI as a reference. KAZUYOSHI discloses an optical film of a flexible display device, wherein the protection film or the base film has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85% (e.g., Abstract; a total light transmittance of 85% or more and a haze of 0.5% or less). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KAZUYOSHI to the protection film of the cover window of the display device of YUG in view of Pang. The combination/motivation would be to provide an optical film with a high light transmittance and optical quality for a flexible display device. 8. Claim 13 is rejected under 35 U.S.C. 103 as unpatentable over YUG (US 20200301474 A1) in view of Pang (US 20230174826 A1) and further in view of BOK (US 20180122863 A1). Regarding claim 13, YUG in view of Pang discloses the flexible display device of claim 1, but does not disclose a second display area including a light transmitting region, wherein the second display area corresponds to an optical element including a camera or a photosensor. However, Pang (e.g., Figs. 1-3 and 14) discloses a flexible display device similar to that disclosed by YUG and Pang, wherein the display panel includes a first display area including a plurality of pixels (e.g., Figs. 1-3; first display area NBA1) and a second display area (e.g., Figs. 1-3; first display area NBA2) including a light transmitting region (e.g., Figs. 1-3; light transmitting region FPA), wherein the second display area corresponds to an optical element including a camera or a photosensor (e.g., Fig. 3; optical sensor FPS). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from BOK to the protection film of the cover window of the display device of YUG in view of Pang. The combination/motivation would be to provide a foldable display device including an optical sensor for fingerprint sensing. 9. Claim 14 is rejected under 35 U.S.C. 103 as unpatentable over YUG (US 20200301474 A1) in view of Pang (US 20230174826 A1) and further in view of Sato (US 20230345799 A1). Regarding claim 14, YUG in view of Pang discloses the flexible display device of claim 1, but does not disclose wherein the base film is a biaxially elongated film as claimed. However, Sato (e.g., Figs. 1-4) discloses a flexible display device similar to that disclosed by YUG and Pang, wherein the base film is a biaxially elongated film having elongating directions including a transverse direction (e.g., Fig. 2; direction 21) and a machine direction (e.g., Fig. 2; direction 22) perpendicular to the transverse direction (e.g., Fig. 2; direction 21), wherein a value of a modulus (modulus E1) of the base film in the transverse direction (direction 21) is greater than a value (modulus E2) thereof in the machine direction (E1>E2; [0048]-[0050]), wherein the display panel is foldable with respect to a folding axis (e.g., Figs. 2-3), and wherein the transverse direction (e.g., Fig. 2; direction 21) is perpendicular to a direction of the folding axis (e.g., Fig. 2; axis 20). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from Sato to the protection film of the cover window of the display device of YUG in view of Pang. The combination/motivation would be to provide a flexible display device excellent in impact resistance and bending resistance. 10. Claim 17 is rejected under 35 U.S.C. 103 as unpatentable over Pang (US 20230174826 A1) in view of YUG (US 20200301474 A1). Regarding claim 17, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 15, but does not disclose wherein a radius of curvature of the flexible display device in a bent state is about 1.5 mm. However, YUG (e.g., Figs. 1-5) discloses a flexible display device similar to that disclosed by Pang, wherein a radius of curvature of the flexible display device in a bent state is about 1.5 mm. ([0062]; ~1.5mm) Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from YUG to the display device of Pang. The combination/motivation would be to provide a flexible protection film with a high durability, rigidity, and flexibility for a foldable display device. 11. Claim 18 is rejected under 35 U.S.C. 103 as unpatentable over Pang (US 20230174826 A1) in view of KAZUYOSHI (JP 2020184077 A). Regarding claim 18, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 15, wherein the protection film or the base film has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85 % ([0087]; film 12 comprises a polyurethane, which has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85 %). The examiner further cites KAZUYOSHI as a reference. KAZUYOSHI discloses an optical film of a flexible display device, wherein the protection film or the base film has a haze value of equal to or less than about 2 % and transmittance of equal to or greater than about 85% (e.g., Abstract; a total light transmittance of 85% or more and a haze of 0.5% or less). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from KAZUYOSHI to the protection film of the cover window of the display device of YUG in view of Pang. The combination/motivation would be to provide an optical film with a high light transmittance and optical quality for a flexible display device. 12. Claims 22-23 are rejected under 35 U.S.C. 103 as unpatentable over Pang (US 20230174826 A1) in view of Sato (US 20230345799 A1). Regarding claim 22, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 15, but does not disclose wherein the base film is a biaxially elongated film as claimed. However, Sato (e.g., Figs. 1-4) discloses a flexible display device similar to that disclosed by Pang, wherein the base film is a biaxially elongated film having elongating directions including a transverse direction (e.g., Fig. 2; direction 21) and a machine direction (e.g., Fig. 2; direction 22) perpendicular to the transverse direction (e.g., Fig. 2; direction 21), wherein a value of a modulus (modulus E1) of the base film in the transverse direction (direction 21) is greater than a value (modulus E2) thereof in the machine direction (E1>E2; [0048]-[0050]). Therefore, it would have been obvious to one skilled in the art at the effective filing date of the claimed invention to incorporate the teaching from Sato to the protection film of the cover window of the display device of YUG in view of Pang. The combination/motivation would be to provide a flexible display device excellent in impact resistance and bending resistance. Regarding claim 23, Pang (e.g., Figs. 1-5) discloses the upper film for a flexible display device of claim 22, Sato (e.g., Figs. 1-4) discloses wherein the transverse direction (e.g., Fig. 2; direction 21) is perpendicular to a direction of a folding axis (e.g., Fig. 2; axis direction 20) of the flexible display panel. Response to Arguments 13. Regarding claims 1 and 15, applicant’s amendments and arguments have been considered. 14. Applicant has amended claim 1 and claim 15. Applicant further argues that the cited references do not disclose the limitations “wherein the second thickness is equal to or greater than about 20 micrometers and equal to or less than about 40 micrometers, wherein the second thickness of the protection film is equal to or less than 80 % of the first thickness of the base film, and wherein the first thickness of the base film is equal to or greater than about 50 um and equal to or less than about 125 um” of amended claims 1 and 15. The examiner respectfully disagrees with applicant’s arguments. Pang (e.g., Figs. 1-5; Fig. 5 is reproduced for reference) discloses an upper film 22 ([0076]) for a flexible display device. The upper film 22 comprises: an adhesive layer 2 for attaching to the flexible display device 21; a protection film 12 comprises a polyurethane ([0087]) and disposed on the adhesive layer 2; a base film 11 disposed on the protection film 12; and a hard coating layer 3 disposed on the base film 11. Pang ([0086]-[0087]) teaches the base film 11 has a first thickness t1, and 50≤ t1≤ 80um, the film 12 has a second thickness t2, and 20 ≤ t2 ≤50um. Pang ([0185] and [0187]) further teach an example that the base film 11 has a first thickness t1=50um and the film 12 has a second thickness t2=30um, therefore, the second thickness t2=30um is in the range of 20-40um, the first thickness t1=50um is in the range of 50-125um, and the second thickness t2 is less than 80% of the first thickness t1. PNG media_image1.png 640 1254 media_image1.png Greyscale Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUZHEN SHEN whose telephone number is (571)272-1407. The examiner can normally be reached on 9:00-18:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached on 571-272-7772. 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. /YUZHEN SHEN/Primary Examiner, Art Unit 2623
Read full office action

Prosecution Timeline

May 24, 2024
Application Filed
Mar 19, 2025
Request for Continued Examination
Mar 24, 2025
Response after Non-Final Action
Apr 09, 2025
Non-Final Rejection — §102, §103
Jul 14, 2025
Response Filed
Jul 27, 2025
Final Rejection — §102, §103
Sep 22, 2025
Interview Requested
Sep 22, 2025
Response after Non-Final Action
Sep 29, 2025
Applicant Interview (Telephonic)
Oct 03, 2025
Examiner Interview Summary
Oct 29, 2025
Request for Continued Examination
Nov 06, 2025
Response after Non-Final Action
Feb 08, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
84%
With Interview (+13.4%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 720 resolved cases by this examiner. Grant probability derived from career allow rate.

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