Prosecution Insights
Last updated: October 01, 2026
Application No. 18/718,878

DISPLAY APPARATUS

Non-Final OA §102§112
Filed
Jun 12, 2024
Priority
Dec 29, 2021 — JP 2021-215356 +1 more
Examiner
WIEGAND, TYLER J
Art Unit
Tech Center
Assignee
Semiconductor Energy Laboratory Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
78 granted / 105 resolved
+14.3% vs TC avg
Moderate +13% lift
Without
With
+13.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
46 currently pending
Career history
138
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
32.2%
-7.8% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 105 resolved cases

Office Action

§102 §112
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 . Priority Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in JAPAN on 12/29/2021. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 09/12/2024 has/have been considered by the examiner and made of record in the application file. Claim Interpretation Claim 1 recites the limitation “the dummy pixel region is a region that does not contribute to display” in the fourth line of the claim. [0125] of the specification states “The expression “the dummy pixel portion 294 does not contribute to display” means that, for example, light is not emitted even when voltage is applied to a stacked-layer structure in which an EL layer is held between conductive layers in the dummy pixel of the dummy pixel portion 294”. For the purposes of this examination and based on the specification portion identified above, a dummy pixel portion will be interpreted to not contribute to display as recited by the claims if light is not emitted from the region by corresponding dummy pixel structures regardless of the reason why light is not emitted (i.e. electrical disconnect, light blocking layer, etc.). Claim Rejections - 35 USC § 112(b) 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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 3 recites the limitations “in the first opening portion, the first layer and the common electrode are in contact with each other . . . in the second opening portion, the second layer and the common electrode are in contact with each other” in the final four lines of the claim. This limitation is unclear in view of the specification and drawings. The first and second layers are interpreted to be #113a and #113b and the common electrode is interpreted to be #115 in Figure 6C for example. None of the figures, including Figure 6C, are observed to show these layers as being in contact with one another in openings of the resin (#127). For example, in Figure 6C, both #113a and #113b are separated from #115 by the common layer (#114) as described in [0255] (“In the opening portions, the layers 113a, 113b, and 113c are in contact with the common layer 114”). Furthermore, [0087] states “the light-emitting device might be short-circuited when the common electrode is in contact with the side surface of the EL layer”. Based on these specification portions, it is unclear if applicant is claiming an undesired and not shown contact between these layers or if there is a typo in the claims and the claims should recite “in the first opening portion, the first layer and the common electrode overlap with each other . . . in the second opening portion, the second layer and the common electrode overlap with each other” based on [0255] which states “The common electrode 115 includes regions overlapping with the layers 113a, 113b, and 113c in the opening portions”. Therefore, claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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. For the purposes of this examination, claim 3 will be interpreted to read as “in the first opening portion, the first layer and the common electrode overlap with each other . . . in the second opening portion, the second layer and the common electrode overlap with each other”. Claim 5 recites the limitation “the second layer comprises a second compound, the second compound being a light-emitting organic compound” in lines 3-4 of the claim. This limitation creates a lack of clarity in antecedent basis. Claim 1, which claim 5 depends on, has already recited “the first layer comprises a first compound, the first compound being a light emitting organic compound” in lines 17-18. For the second recitation of “a light-emitting organic compound” in claim 5, it is unclear if this limitation is referring to the same light emitting organic compound (i.e. it should read as “being [[a]] the light emitting organic compound”) or if this is a new light-emitting organic compound (i.e. it should read as “being a second light emitting organic compound”). Therefore, claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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. For the purposes of this examination, claim 5 will be interpreted to read as “the second layer comprises a second compound, the second compound being a second light-emitting organic compound . . . wherein the second compound is the second light-emitting organic compound” which may be the same as or different from the first recitation of a light-emitting compound. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the limitation from claim 3 described above in the 35 U.S.C. 112(b) rejection as being unclear in view of the specification and drawings (“in the first opening portion, the first layer and the common electrode are in contact with each other . . . in the second opening portion, the second layer and the common electrode are in contact with each other”) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 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. (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. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2021/0066418 A1; Seo et al.; 03/2021; (“Seo”). Regarding Claim 1. Seo discloses A display apparatus (#5, Figure 10, display apparatus which is a cross-section of Figure 1 according to [0192]) comprising: a pixel portion (#DA, Figure 10, display area); and a dummy pixel portion (#NDA, Figure 10, non-display area), wherein the dummy pixel portion is a region that does not contribute to display (Figure 10, [0059] and [0198], the non-display area does not contribute to the display and includes the various layers of the pixels), wherein the dummy pixel portion is adjacent to an outside of the pixel portion in a plan view (Figure 1, #NDA is adjacent to and outside of #DA in the plan view), wherein the pixel portion (#DA) comprises a first insulating layer (#111, Figure 10, planarization layer made of insulating materials according to [0115]), a first pixel electrode (#310, Figure 10, pixel electrode of shown OLED pixel) and a second pixel electrode (#310, Figure 10, pixel electrode of an adjacent OLED pixel based on the plurality of pixels in Figure 3) over the first insulating layer (Figure 10, [0117], #310s are formed over #111), a first layer (#320, Figure 10, intermediate layer of the shown pixel) over the first pixel electrode (Figure 10, #320 is formed over #310), a second layer over the second pixel electrode (#320, Figure 10, intermediate layer of an adjacent OLED pixel formed over its #310 based on the plurality of pixels in Figure 3), and a common electrode over the first layer and the second layer (#330, Figure 10, [0147], #330 is formed as a common electrode over all of the pixels), wherein the dummy pixel portion (#NDA) comprises the first insulating layer (Figure 10, #111 is located at least partially in #NDA), a first conductive layer and a second conductive layer over the first insulating layer (#ES5, Figure 10, plurality of fifth etching prevention layers formed over #111 and made of conductive material of the pixel electrodes according to [0197]), a third layer over the first conductive layer, a fourth layer over the second conductive layer (Figure 10, portions of #320 which are formed over the respective #ES5 structures), and the common electrode over the third layer and the fourth layer (Figure 10, portions of #330 which are formed over the respective #ES5 structures and their respective #320 portions), wherein the first conductive layer and the second conductive layer each comprise the same material as a material of the first pixel electrode ([0197], “fifth etching prevention layer ES5 may include the same material as the pixel electrode 310”), wherein the first layer comprises a first compound, the first compound being a light-emitting organic compound ([0125], #320b of #320 includes an organic material the emits light), wherein the third layer comprises the first compound (Figure 10, [0147], #320b may be deposited over the entire device as a common layer such that it may be present as part of the #320 in the #NDA region, see also Figure 5H), wherein the first insulating layer comprises a first groove (leftmost #TH2, Figure 10, hole or groove in #111) and a second groove (second leftmost #TH2, Figure 10, hole or groove in #111), wherein the first groove comprises a first region overlapping with the first pixel electrode and a second region overlapping with the second pixel electrode (Figure 10, the leftmost #TH2 includes left and right portions under adjacent mesas which overlap with the pixel electrodes #310 along a horizontal direction where #310s pass through #111), and wherein the second groove comprises a third region overlapping with the first conductive layer and a fourth region overlapping with the second conductive layer (Figure 10, the second leftmost #TH2 includes left and right portions under adjacent mesas which overlap with the #ES5 structures along a vertical direction). Regarding Claim 2. Seo discloses The display apparatus according to claim 1, further comprising a resin layer (#420, Figure 10, organic encapsulation layer which may be an acryl-based resin material according to [0140]), wherein the resin layer is in the first region, in the second region, and in a fifth region between the first region and the second region inside the first groove (Figure 10, #420 is located in the left and right portions under the mesas in the leftmost #TH2 and also located in the central portion between the portions under the mesas), and wherein the resin is in the third region, in the fourth region, and in a sixth region between the third region and the fourth region inside the second groove (Figure 10, #420 is located in the left and right portions under the mesas in the second leftmost #TH2 and also located in the central portion between the portions under the mesas). Regarding Claim 3. Seo discloses The display apparatus according to claim 2, wherein the resin layer overlaps with part of the first pixel electrode and part of the second pixel electrode (Figure 10, #420 overlaps with the #310s of each pixel), wherein the resin comprises a first opening portion overlapping with the first pixel electrode and a second opening portion overlapping with the second pixel electrode (Figure 10, #420 includes a plurality of openings where the OLED structures are physically located such that the openings necessarily overlap with #310s of the OLEDs), wherein in the first opening portion, the first layer and the common electrode overlap with each other (Figure 10, the openings in #420 where the OLEDs are located includes the #320 of the respective OLED overlapping with #330), and wherein in the second opening portion, the second layer and the common electrode overlap with each other (Figure 10, the openings in #420 where the OLEDs are located includes the #320 of the respective OLED overlapping with #330). Regarding Claim 4. Seo discloses The display apparatus according to claim 2, wherein the resin layer comprises a seventh region that overlaps with 50% or more of an area of the first conductive layer in the plan view and is located between the third layer and the common electrode (Figure 10, [0134], #420 includes a portion, the portion above leftmost #TH2 and extending over the mesa to the right, that overlaps with all of #ES5 and is located between portions of #320 and #330 on adjacent mesas), and an eighth region that overlaps with 50% or more of an area of the second conductive layer in the plan view and is located between the fourth layer and the common electrode (Figure 10, [0134], #420 includes another portion, the portion above second leftmost #TH2 and extending over the mesa to the right, that overlaps with all of #ES5 and is located between portions of #320 and #330 on adjacent mesas). Regarding Claim 5. Seo discloses The display apparatus according to claim 1, wherein the second layer comprises a second compound, the second compound being a second light-emitting organic compound ([0125], #320b of #320 includes an organic material the emits light which may have a certain color including red, green, blue, or white), wherein the fourth layer comprises at least one of the first compound and the second compound (Figure 10, [0147], #320b may be deposited over the entire device as a common layer such that it may be present as part of the #320 in the #NDA region, see also Figure 5H), wherein the first compound is the light-emitting organic compound that emits light with intensity in a red wavelength range, a green wavelength range, or a blue wavelength range ([0125], light which may have a certain color including red, green, blue, or white), and wherein the second compound is the second light-emitting organic compound that emits light with intensity in a wavelength range of a color different from a color for the first compound among the red wavelength range, the green wavelength range, and the blue wavelength range ([0125], light which may have a certain color including red, green, blue, or white, i.e. may be a different color light for each pixel). Regarding Claim 6. Seo discloses The display apparatus according to claim 1, wherein the second layer and the fourth layer each comprise the first compound (Figure 10, [0147], #320b may be deposited over the entire device as a common layer such that it may be present as part of the #320 in the #NDA region, see also Figure 5H). Allowable Subject Matter Claim(s) 7 is/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: None of the cited prior art, either alone or in combination, teaches “a second insulating layer . . . wherein the second insulating layer comprises a region in contact with a top surface of the first layer in an end portion of the first layer” as recited in claim 7, in combination with all of the other required limitations of the claim. Regarding Claim 7. Seo discloses The display apparatus according to claim 2, further comprising a second insulating layer (#410, Figure 10, inorganic encapsulation layer which may be an insulating material according to [0136]) between the first layer and the resin layer (Figure 10, #410 is located at least partially between #420 and #320), wherein the second insulating layer comprises a region in contact with the first insulating layer in the first region (Figure 10, #410 is in contact with #111 in the region under the mesas). Seo does not disclose a region in contact with a top surface of the first layer in an end portion of the first layer. Figure 10 of Seo shows that #410 is separated from #320 entirely by the common electrode #330 which is fully formed over all the pixels as described in [0201], “opposite electrode 330 may be deposited as a common layer on the entirety of the pixels P”, such that no portion of #410 is in contact with a top surface of #320. Therefore, claim 7 is interpreted to encompass allowable subject matter and would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER JAMES WIEGAND whose telephone number is (571)270-0096. The examiner can normally be reached Mon-Fri. 8AM-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, CHRISTINE KIM can be reached at (571) 272-8458. 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. /TYLER J WIEGAND/Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Jun 12, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §102, §112 (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
74%
Grant Probability
87%
With Interview (+13.0%)
3y 5m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 105 resolved cases by this examiner. Grant probability derived from career allowance rate.

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