Prosecution Insights
Last updated: October 23, 2026
Application No. 18/728,121

DISPLAY PANEL AND MANUFACTURING METHOD THEREOF, AND DISPLAY DEVICE

Non-Final OA §102§103
Filed
Jul 11, 2024
Priority
Apr 08, 2022 — CN 202210369350.X +1 more
Examiner
BREVAL, ELMITO
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BOE Technology Group Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
1096 granted / 1427 resolved
+8.8% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
39 currently pending
Career history
1477
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1427 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 . 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. Claim(s) 1, 3-4, 24-26, 31 and 36 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Kim et al. (Pub: 2020/0227489 A1~hereinafter “Kim”). Regarding claim 1, Kim discloses (in at least figs. 3 and 10) a display panel, comprising: a display substrate comprising a plurality of sub-pixels (P1-P3; [0064]-[0065]); a light extraction layer (510; [0061]), disposed on a light emitting side of the display substrate, the light extraction layer (510) comprising a plurality of first grooves (510a-510c; see at least fig. 3); and a first planarization layer (530; [0080]), disposed on a side of the light extraction layer away from the display substrate (see fig. 3), wherein a refractive index of the first planarization layer (530) is greater than a refractive index of the light extraction layer (510; [0080]); and a thickness of the first planarization layer (530; t5= 2µm; [0129]) is 1.5 to 5 times greater than a thickness of the light extraction layer (510; t4=1 µm; [0129]). Regarding claim 3, Kim discloses (in at least fig. 3) the first planarization layer (530) comprises a plurality of second grooves (see fig. 3), the sub-pixel (P1-P3) is covered by an orthographic projection of the first groove on the display substrate (see fig. 3), and an orthographic projection of the second groove on the display substrate is at least partially overlapped with the orthographic projection of the first groove on the display substrate (see fig. 3). Regarding claim 4, Kim discloses (in at least figs. 3 and 10) a height in a second direction of a groove sidewall of the first groove is increased with the increasing distance in a first direction from the center of the sub-pixel (see at least figs. 3 and 10); and a height in the second direction of a groove sidewall of the second groove is increased with the increasing distance in the first direction from the center of the sub-pixel (see at least figs. 3 and 10); wherein the second direction is perpendicular to a display surface of the display substrate (see figs. 3 and 10), and the first direction is parallel to the display surface of the display substrate (see figs. 3 and 10). Regarding claim 24, Kim discloses (in at least fig. 10) the display panel further comprises: an encapsulation layer group (400), disposed on the light emitting side of the display substrate (100); and a touch layer group (700; [0157]-[0158]), disposed on a side of the encapsulation layer group away from the display substrate (see fig. 10); wherein, one layer in the encapsulation layer group (400) or the touch layer group (700) is multiplexed as the light extraction layer (510; see fig. 10), and one layer in the encapsulation layer group (400) or the touch layer group (700) is multiplexed as the first planarization layer. Regarding claim 25, Kim discloses (in at least fig. 10) the touch layer group (700) comprises: a first touch metal layer (711), disposed on the light emitting side of the display substrate; a touch insulating layer (712; [0159]), disposed on a side of the first touch metal layer away from the display substrate; a second touch metal layer (713) is disposed on a side of the touch insulating layer away from the display substrate; and a protective layer (714), disposed on a side of the second touch metal layer away from the display substrate; wherein, the touch insulating layer (712) is multiplexed as the light extraction layer. Regarding claim 26, Kim discloses (in at least fig. 10) the protective layer (714) is multiplexed as the light extraction layer (510), or the protective layer (714) is multiplexed as the first planarization layer (530). Regarding claim 31, Kim discloses (in at least figs. 3 and 10) a method for manufacturing display panel, comprising: forming a display substrate (100), the display substrate comprising a plurality of sub-pixels (P1-P3); forming a light extraction layer (510) on a light exiting side of the display substrate, wherein the light extraction layer (510) comprises a plurality of first grooves (510a-510c); and forming a first planarization layer (530) on a side of the light extraction layer away from the display substrate, a refractive index of the first planarization layer (530) is greater than a refractive index of the light extraction layer (510; [0114]-[0115]), and a thickness of the first planarization layer (530; t5=2) is 1.5 to 5 times greater than a thickness of the light extraction layer (510; t5= 2µm; [0129]) is 1.5 to 5 times greater than a thickness of the light extraction layer (510; t4=1 µm; [0129]). Regarding claim 36, Kim discloses (in at least figs. 3 and 10) a display device, comprising: a display panel (see at least fig. 3), wherein the display panel comprises: a display substrate comprising a plurality of sub-pixels (P1-P3); a light extraction layer (510), disposed on a light emitting side of the display substrate, the light extraction layer (510) comprising a plurality of first grooves; and a first planarization layer (530), disposed on a side of the light extraction layer away from the display substrate, wherein a refractive index of the first planarization layer (530) is greater than a refractive index of the light extraction layer (510; [0114]-[0115]), and a thickness of the first planarization layer (530; t5= 2µm; [0129]) is 1.5 to 5 times greater than a thickness of the light extraction layer (510; t4=1 µm; [0129]). Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 5-11, 16, 19-20 and 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Pub: 2020/0227489 A1~hereinafter “Kim”). Regarding claim 5, Kim does not expressly disclose the groove sidewall of the first groove comprises a curved surface, the groove sidewall of the second groove comprises a curved surface. However, Kim discloses (in at least figs. 3 and 10) a first groove sidewall (510a-510c) and a second groove sidewall (not labeled; see figs. 3 and 10) on the first groove sidewall; wherein and a curvature radius of the groove sidewall of the first groove is smaller than a curvature radius of the groove sidewall of the second groove (see figs. 3 and 10). One of ordinary skill in the art would have been led to the recited groove shape through design choice. Applicant has not disclosed that the recited shape is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using groove shape of Kim. Also, it is well-known in the art to form groove sidewalls comprised of, in part, a curved surface as evident by YU (CN: 113629214 A) discloses (in at least fig. 1) a groove sidewall of the first groove comprises a curved surface (see fig. 2) and the groove sidewall of the second groove comprises a curved surface (see fig. 1). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Kim with the curved surface groove sidewalls of YU, since it has been held that simple substitution of one known shape for another to obtain predictable results is obvious. Regarding claim 6, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) the groove sidewall of the first groove comprises a first portion, a second portion and a third portion which are smoothly connected in sequence, the first portion is closer to the display substrate than the third portion, the first portion and the third portion are configured as arc surfaces, and the second portion is configured as an inclined surface; and the groove sidewall of the second groove comprises a fourth portion, a fifth portion and a sixth portion which are smoothly connected in sequence, the fourth portion is closer to the display substrate than the sixth portion, the fifth portion is configured as an inclined surface, and the fourth portion and the sixth portion are configured as arc surfaces (see at least figs. 4 and 5 YU). Regarding claim 7, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) an inclination angle of the second portion is greater than an inclination angle of the fifth portion. Regarding claim 8, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) the groove sidewall of the first groove is configured as an inclined surface, the groove sidewall of the second groove is configured as an inclined surface, and an inclination angle of the groove sidewall of the first groove is greater than an inclination angle of the groove sidewall of the second groove. Regarding claim 9, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) an orthographic projection of the groove sidewall of the first groove on the display substrate is located within an orthographic projection of the groove sidewall of the second groove on the display substrate (see at least fig. 3); and a bottom wall of the first groove is a plane, a bottom wall of the second groove is a plane, the sub-pixel is covered by an orthographic projection of the bottom wall of the second groove on the display substrate, and the orthographic projection of the bottom wall of the second groove on the display substrate is located within an orthographic projection of the bottom wall of the first groove on the display substrate. Regarding claim 10, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) a depth of the first groove is greater than a depth of the second groove. Regarding claim 11, the combination of Kim as modified by Yu discloses (in at least figs. 3 and 10 Kim; at least figs. 1-2, 4 and 5 Yu) a thickness of the first planarization layer at the second groove is greater than a thickness of a portion of the first planarization layer opposite to the light extraction layer. Regarding claim 16, Kim does not expressly disclose the light extraction layer and the first planarization layer comprise same organic material. However, Kim discloses ([0114]-[0115]) both the light extraction layer (510) and the first planarization (530) comprises organic material. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to contemplate forming both the light extraction layer and the first planarization layer of Kim with the same organic material in order to reduce the manufacturing steps of the display device. Regarding claims 19 and 20, Kim does not expressly disclose the material of the first planarization layer comprises propylene glycol methyl ether acetate, acrylate monomer, zirconium dioxide particles, 1-methoxy-2-propanol, (3-methoxy-1-butyl) acetate, metal oxide particles, photoinitiator, coupling agent and additives; and weight proportions of respective materials of the first planarization layer are: 20 to 30 parts of propylene glycol methyl ether acetate, 1 to 10 parts of acrylate monomer, 20 to 30 parts of zirconium dioxide particles, 10 to 20 parts of 1-methoxy-2-propanol, 10 to 20 parts of (3-methoxy-1-butyl) acetate, 0.1 to 3 parts of metal oxide particles, 0.1 to 3 parts of photoinitiator, 1 to 5 parts of coupling agent, and 1 to 10 parts of additives. However, Kim discloses (in at least [0115]) “the planarization layer 530 may include an organic material having the refractive index n2 ranging from about 1.6 to about 1.85.” It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use any suitable organic material to form the first organic planarization layer of Kim, since it has been held that the selection of a known material based on its suitability for its intended use support a prima facie obviousness determination. Regarding claim 28, Kim discloses all the claimed limitations except for the display panel further comprises: a color filter layer, disposed on the light emitting side of the display substrate, wherein the color filter layer comprises a black matrix and a filter portion, and the black matrix is multiplexed as the light extraction layer. However, it is well-known in the art to form display devices comprised of, in part, a color filter layer, disposed on the light emitting side of the display substrate, wherein the color filter layer comprises a black matrix and a filter portion, and the black matrix is multiplexed as the light extraction layer as evident by BAE et al. (US. Pub: 2022/0045137 A1~ hereinafter “BAE”) at least fig. 8. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Kim with the color filter and black matrix teaching of BAE in order to convert the emitting light to a different wavelength. Regarding claim 29, Kim discloses all the claimed limitations except for the display panel further comprises: a second planarization layer, disposed on a side of the first planarization layer away from the display substrate, and a side of the second planarization layer away from the display substrate is a plane; an adhesive layer, disposed on the side of the first planarization layer away from the display substrate, the adhesive layer being multiplexed as the second planarization layer; and a cover plate, disposed on a side of the adhesive layer away from the display substrate. However, it is well-known in the art to form display devices comprised of, in part, a second planarization layer, disposed on a side of the first planarization layer away from the display substrate, and a side of the second planarization layer away from the display substrate is a plane; an adhesive layer, disposed on the side of the first planarization layer away from the display substrate, the adhesive layer being multiplexed as the second planarization layer; and a cover plate, disposed on a side of the adhesive layer away from the display substrate as evident by Zhang (US. Pub: 2021/0408172 A1) at least figs. 7 and 8. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Kim with the second planarization layer of Zhang in order to provide suitable planarization to the light emitting layer. Furthermore, it has been held that mere duplication of the essential working parts of an invention involves only routine skill in the art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. 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, James R. Greece can be reached at 571-272-3711. 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. ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Jul 11, 2024
Application Filed
Sep 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
88%
With Interview (+10.7%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1427 resolved cases by this examiner. Grant probability derived from career allowance rate.

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