Prosecution Insights
Last updated: August 17, 2026
Application No. 18/706,374

DISPLAY PANEL AND DISPLAY DEVICE

Non-Final OA §102§103
Filed
Apr 30, 2024
Priority
Mar 26, 2024 — CN 202410353909.9 +1 more
Examiner
CROSS, XIA L
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Wuhan China Star Optoelectronics Semiconductor Display Technology Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
386 granted / 468 resolved
+14.5% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
18 currently pending
Career history
480
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
50.0%
+10.0% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
17.2%
-22.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 468 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 . Specification 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 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 1-6 and 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US PG-Pub No.: 2024/0389434 A1, hereinafter, “Choi”). Regarding claim 1, Choi discloses a display panel (see Choi, FIGs. 1, 5, and 8), comprising: a substrate (10, FIG. 5); a light-emitting device layer (220, FIG. 5) disposed on a side (top) of the substrate (10); a thin film encapsulation layer (320+330, FIG. 8) disposed on a side (top) of the light-emitting device layer (220) facing away from the substrate (10); and a capping layer (240+311+312, FIG. 8) disposed between the light-emitting device layer (220) and the thin film encapsulation layer (320+330), wherein the capping layer (240+311+312) comprises a first capping layer (240), a second capping layer (311), and a third capping layer (312), the second capping layer (311) is disposed between the first capping layer (240) and the third capping layer (312), the first capping layer (240) is disposed on a side (bottom) of the second capping layer (311) adjacent to the light-emitting device layer (220), the third capping layer (312) is disposed on a side (top) of the second capping layer (311) adjacent to the thin film encapsulation layer (320+330), a refractive index (1.85-1.95, ¶ [0131]) of the second capping layer (311) is greater than a refractive index (1.25-1.45) of the first capping layer (240, ¶ [0110]) and a refractive index (1.7-1.8) of the third capping layer (312, ¶ [0138]). Regarding claim 2, Choi discloses the display panel according to claim 1, wherein a ratio of the refractive index (1.25-1.45) of the first capping layer (240) to the refractive index (1.7-1.8) of the third capping layer (312) is greater than or equal to 0.75 and less than or equal to 1.3. Regarding claim 3, Choi discloses the display panel according to claim 1, wherein the refractive index (1.25-1.45) of the first capping layer (240) and the refractive index (to meet the limitation, the third capping layer is 315 with the refraction index of 1.5-1.6, ¶ [0157]) of the third capping layer (315) are greater than or equal to 1.2 and less than or equal to 1.6, and the refractive index (1.85-1.95) of the second capping layer (311) is greater than or equal to 1.7 and less than or equal to 2.5. Regarding claim 4, Choi discloses the display panel according to claim 1, wherein a thickness of the second capping layer (in order to meet the limitation, the second capping layer is 313 with the refraction index of 1.85-1.95, and the third capping layer is 315 with the refraction index of 1.5-1.6) is greater than a thickness of the first capping layer (240) and a thickness of the third capping layer (315, FIG. 8). Regarding claim 5, Choi discloses the display panel according to claim 1, further comprising: a light-transmitting protective layer (316, FIG. 8) disposed between the third capping layer (315) and the thin film encapsulation layer (320+330), and a ratio of a refractive index (1.5-1.6, ¶ [0168]) of the light-transmitting protective layer (316) to the refractive index (1.5-1.6) of the third capping layer (315) is greater than or equal to 0.75 and less than or equal to 1.3. Regarding claim 6, Choi discloses the display panel according to claim 5, wherein a sum of a thickness of the third capping layer (315) and a thickness of the light-transmitting protective layer (316) is greater than a thickness of the first capping layer (240, FIG. 8). Regarding claim 13, Choi discloses a display device (see Choi, FIGs. 1, 5, and 8), comprising a display panel, the display panel comprising: a substrate (10, FIG. 5); a light-emitting device layer (220, FIG. 5) disposed on a side (top) of the substrate (10); a thin film encapsulation layer (320+330) disposed on a side (top) of the light-emitting device layer (220) facing away from the substrate (10); and a capping layer (240+311+312, FIG. 8) disposed between the light-emitting device layer (220) and the thin film encapsulation layer 320+330), wherein the capping layer (240+311+312) comprises a first capping layer (240), a second capping layer (311), and a third capping layer (312), the second capping layer (311) is disposed between the first capping layer (240) and the third capping layer (312), the first capping layer (240) is disposed on a side (bottom) of the second capping layer (311) adjacent to the light-emitting device layer (220), the third capping layer (312) is disposed on a side (top) of the second capping layer (311) adjacent to the thin film encapsulation layer (320+330), a refractive index (1.85-1.95, ¶ [0131]) of the second capping layer (311) is greater than a refractive index (1.25-1.45, ¶ [0110]) of the first capping layer (240) and a refractive index (1.7-1.8, ¶ [0138]) of the third capping layer (312). Regarding claim 14, Choi discloses the display panel according to claim 13, wherein a ratio of the refractive index (1.25-1.45) of the first capping layer (240) to the refractive index (1.7-1.8) of the third capping layer (312) is greater than or equal to 0.75 and less than or equal to 1.3. Regarding claim 15, Choi discloses the display panel according to claim 13, wherein a thickness of the second capping layer (in order to meet the limitation, the second capping layer is 313 with the refraction index of 1.85-1.95, and the third capping layer is 315 with the refraction index of 1.5-1.6) is greater than a thickness of the first capping layer (240) and a thickness of the third capping layer (315, FIG. 8). Regarding claim 16, Choi discloses the display panel according to claim 13, further comprising: a light-transmitting protective layer (316, FIG. 8) disposed between the third capping layer (315) and the thin film encapsulation layer (320+330), and a ratio of a refractive index (1.5-1.6, ¶ [0168]) of the light-transmitting protective layer (316) to the refractive index (1.5-1.6) of the third capping layer (315) is greater than or equal to 0.75 and less than or equal to 1.3. Regarding claim 17, Choi discloses the display panel according to claim 16, wherein a sum of a thickness of the third capping layer (315) and a thickness of the light-transmitting protective layer (316) is greater than a thickness of the first capping layer (240, FIG. 8). 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, 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. Claims 8-12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US PG-Pub No.: 2024/0389434 A1, hereinafter, “Choi”), as applied to claims 5 and 16 above. Regarding claim 8, Choi discloses the display panel according to claim 5, wherein the thin film encapsulation layer (320+330) comprises: an organic encapsulation layer (320); and an inorganic encapsulation layer (330), wherein a refractive index (1.85-1.95) of the inorganic encapsulation layer (330) is greater than the refractive index (1.5-1.6) of the light-transmitting protective layer (316). Choi is silent regarding that the inorganic encapsulation layer (330) disposed between the organic encapsulation layer (320) and the capping layer (240+311+315), However, it is well-known that the encapsulation layer will be a repeating layer of organic layer and inorganic layer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form another 320+330 over existing 320+330, in order to better protect the device. Accordingly, the inorganic encapsulation layer (lower 330) disposed between the organic encapsulation layer (top 320) and the capping layer (240+311+315). Regarding claim 9, Choi discloses the display panel according to claim 8, wherein the refractive index (1.85-1.95) of the inorganic encapsulation layer (330) is greater than or equal to 1.75 and less than or equal to 2.5, and the refractive index (1.5-1.6) of the light-transmitting protective layer (316) is greater than or equal to 1.2 and less than or equal to 1.6. Regarding claim 10, Choi discloses the display panel according to claim 8, wherein a thickness of the inorganic encapsulation layer (330) is greater than a sum of a thickness of the capping layer (240+311+315) and a thickness of the light-transmitting protective layer (316, FIG. 8). Regarding claim 11, Choi discloses the display panel according to claim 8, wherein a mass proportion of oxygen element in the inorganic encapsulation layer (330) is less than or equal to 10% (¶ [0121]). Regarding claim 12, Choi discloses the display panel according to claim 1, wherein the light-emitting device layer (220) comprises a blue light-emitting unit (¶ [0104]). Choi fails to explicitly disclose that a half-peak width of a blue light emission spectrum of the blue light-emitting unit is greater than or equal to 25 nanometers and less than or equal to 34 nanometers. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form a half-peak width of a blue light emission spectrum of the blue light-emitting unit is greater than or equal to 25 nanometers and less than or equal to 34 nanometers, since when the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. See MPEP § 2144.5(II)(A). Regarding claim 19, Choi discloses the display panel according to claim 16, wherein the thin film encapsulation layer (320+330) comprises: an organic encapsulation layer (320); and an inorganic encapsulation layer (330), wherein a refractive index (1.85-1.95) of the inorganic encapsulation layer (330) is greater than the refractive index (1.5-1.6) of the light-transmitting protective layer (316). Choi is silent regarding that the inorganic encapsulation layer (330) disposed between the organic encapsulation layer (320) and the capping layer (240+311+315), However, it is well-known that the encapsulation layer will be a repeating layer of organic layer and inorganic layer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form another 320+330 over existing 320+330, in order to better protect the device. Accordingly, the inorganic encapsulation layer (lower 330) disposed between the organic encapsulation layer (top 320) and the capping layer (240+311+315). Regarding claim 20, Choi discloses the display panel according to claim 19, wherein a thickness of the inorganic encapsulation layer (330) is greater than a sum of a thickness of the capping layer (240+311+315) and a thickness of the light-transmitting protective layer (316, FIG. 8). Allowable Subject Matter Claims 7 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record neither anticipates nor renders obvious all the claimed subject of base claims 5 and 18, in particular, the light-transmitting protective layer comprises an alkali metal element and a halogen element. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIA L. CROSS whose telephone number is (571)270-3273. The examiner can normally be reached 9 am-5:30 pm. 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, N. Drew 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. /XIA L CROSS/Primary Examiner, Art Unit 2892
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Prosecution Timeline

Apr 30, 2024
Application Filed
Jul 29, 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
82%
Grant Probability
91%
With Interview (+8.9%)
2y 4m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 468 resolved cases by this examiner. Grant probability derived from career allowance rate.

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