Prosecution Insights
Last updated: August 18, 2026
Application No. 18/738,293

DISPLAY DEVICE AND METHOD FOR FABRICATING THE SAME

Non-Final OA §102§103§112
Filed
Jun 10, 2024
Priority
Nov 14, 2023 — RE 10-2023-0157322
Examiner
LEBENTRITT, MICHAEL
Art Unit
Tech Center
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
928 granted / 1007 resolved
+32.2% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
20 currently pending
Career history
1026
Total Applications
across all art units

Statute-Specific Performance

§101
6.9%
-33.1% vs TC avg
§103
41.4%
+1.4% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1007 resolved cases

Office Action

§102 §103 §112
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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/10/2024, 02/27/2025 was filed before the mailing date of the first action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 Claims 14-18 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 14 recites the limitation "protective substrate" in line 2. There is insufficient antecedent basis for this limitation in the claim. There dependency of claim 14, upon claim 9 appears to be improper. The claim limitation “protective substrate” is not positively recited in claim 9 or in that manner in claim 8 which is further dependent upon claim 1. Examiner suggests changing dependency of claim 14 to be dependent upon claim 13. 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. Claim(s) 1, 5, 21, 25, 29 and 30 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim et al, KR 2016012234A ‘234 teaches: 1. A display device comprising: a base substrate (SUB); a display element (OLED) disposed on the base substrate in a display area; an encapsulation layer (TFE) on the display element; and a light shielding layer (BM) disposed on the encapsulation layer in a non-display area. See Figures 4a and 4b . 5. The display device of claim 1, wherein, in a non-display area, the light shielding layer (BM) is disposed directly on the encapsulation layer (TFE). Figure 4a, 4b 6. The display device of claim 5, wherein, in the non-display area, the light shielding layer (BM) is in contact with the encapsulation layer (TFE). Figure 4a, 4b 21. The display device of claim 1, wherein the light shielding layer includes a black pigment or an organic black pigment. (See machine translation) 25. The method for fabricating a display device, the method comprising: placing a display element (OLED) disposed on a base substrate (SUB) in a display area; placing an encapsulation layer (TFE) on the display element; and placing a light shielding layer (BM) disposed on the encapsulation layer (TFE) in a non-display area. See Figures 4a-4b 29. The display device of claim 25, wherein, in a non-display area, the light shielding layer (BM) is disposed directly on the encapsulation layer (TFE). Figure 4a, 4b 30. The display device of claim 29, wherein, in a non-display area, the light shielding layer (BM) is in contact with the encapsulation layer (TFE). Figure 4a, 4b 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. Claim(s) 2 -4, 7, 22-24, 26-28 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘234 as applied to claim 1 above, and further in view of Ting et al, EP 3557636 A1. ‘234 fails to teach: 2. The display device of claim 1, wherein the light shielding layer is disposed along the edge of the upper surface of the base substrate and the edge of the upper surface of the encapsulation layer. 3. The display device of claim 1, wherein, in plan view, the light shielding layer surrounds at least one of the encapsulation layer, the display element, and the display area. 4. The display device of claim 3, wherein, in plan view, the light shielding layer has a closed curve shape surrounding at least one of the encapsulation layer, the display element, and the display area 7. The display device of claim 6, wherein the interface between the light shielding layer and the encapsulation layer has a round shape. 22. The display device of claim 1, wherein the light shielding layer has a square ring shape with four sides. 23. The display device of claim 22, wherein the four sides comprise: a first side adjacent to a pad area of the base substrate; a second side disposed to face the first side; a third side connected to an end of the first side and an end of the second side; and a fourth side disposed to face the third side, and connected to another end of the first side and another end of the second side. 24. The display device of claim 23, wherein a width of the first side and a width of the second side are substantially equal to each other, and a width of the third side and a width of the fourth side are different. 26. The method of claim 25, wherein the light shielding layer is disposed along the edge of the upper surface of the base substrate and the edge of the upper surface of the encapsulation layer. 27. The method of claim 25, wherein, in plan view, the light shielding layer surrounds at least one of the encapsulation layer, the display element, and the display area. 28. The method of claim 27, wherein, in plan view, the light shielding layer has a closed curve shape surrounding at least one of the encapsulation layer, the display element, and the display area. 31. The method of claim 30, wherein the interface between the light shielding layer and the encapsulation layer has a round shape. In regards to claims 2, 3, 26, and 27 Ting teaches: Referring to FIG. 1 and FIG. 2, FIG. 1 is a schematic sectional-view of a light emitting element according to a first embodiment of the present disclosure, and FIG. 2 is a schematic top view of the light emitting element according to the first embodiment of the present disclosure. The light emitting element 100 of this embodiment is a light emitting diode (LED) package and includes a package substrate 102, a light-emitting diode chip 104, an encapsulation material 106 and a light-shielding layer 108. In regards to claim 4 and 28, Ting teaches: the light shielding layer (108) has a closed curve shape (figure 2) surrounding at least one of the encapsulation layer (106), the display element (104), and the display area (a1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ting, with the primary reference of Kim, because the outmost light absorption layer 1082 of the light emitting element 100 can absorb the light that progresses to the outer surface of the light emitting element 100, thus it can effectively reduce the reflection of ambient light when the light emitting element 100 is applied to a public information display, any outdoor display device or any electronic device used in an environment with high ambient light. Accordingly, the image contrast ratio may be increased. See machine translation of Ting. In regards to claim 7. 22-24, and 31 Ting teaches: [T] he inner sidewall 108s of the light-shielding layer 108 of the light emitting element 100 has an inclined angle with respect to the top surface 102s of the package substrate. The angle ranges from 0 to 180 degrees. Therefore, it would have been obvious to one of ordinary skill in the art to form an interface between the light shielding layer and the encapsulation layer having a round shape, because the angle of the sidewall can be easily manipulated to form any number of geometric shapes. (see In Re Kuhle) In regards to the width, this would have been determined through routine experimentation and would not lend itself to patentability in the instant application, without displaying unexpected results. (in re Aller) Claim(s) 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘234 as applied to claim 1 above, and further in view of Kwon et al, EP 3109742 A1 234 fails to teach: 8. The display device of claim 1, further comprising: an adhesive layer on the encapsulation layer and the light shielding layer. 9. The display device of claim 8, further comprising: a touch sensing part disposed between the encapsulation layer and the adhesive layer, and disposed between the encapsulation layer and the light shielding layer. 10. The display device of claim 9, wherein the light shielding layer is in contact with the touch sensing part. 11. The display device of claim 9, further comprising: a first planarization layer between the encapsulation layer and the touch sensing part. 12. The display device of claim 9, further comprising: a second planarization layer between the touch sensing part and the adhesive layer, and disposed between the touch sensing part and the light shielding layer. Kwon teaches: As shown in FIG. 33B, a thin film encapsulation layer TFE may provide a base surface BS. A first shielding part NSP1 may be disposed on the base surface BS to overlap with the non-light emitting area NPXA. The first sensing part SP1 may be disposed on the first over coating layer TS-OC1 and may overlap with the first shielding part NSP 1. Color filters CF may be disposed above the first over coating layer TS-OC1 to cover the first sensing part SP 1. A black matrix TS-BM may be disposed on the color filters CF to overlap with the non-light emitting area NPXA. FIG. 33J shows the display device shown in FIG. 31D in detail. As shown in FIG. 33J, a display panel may include noise shielding conductive layers NSPL and NSPL-1 (see to FIGS. 32C and 32D). FIG. 33J shows the first shielding part NSP1 as a portion of the noise shielding conductive layer. The first shielding part NSP1 may be disposed on the base surface BS. The optically clear adhesive (OCA) film may be disposed on the base surface BS, and the base member TS-BS may be disposed on the optically clear adhesive OCA. See Figures 33a-33J. Kwon also teaches: An insulating layer TS-IL may be disposed on the first black matrix TS-BM1 and the color filters CF. The insulating layer TS-IL may be a planarization layer providing a flat surface FS. TS-IL may comprise a first insulating layer TS-IL1, and a second insulating layer TS-IL2. Figure 8 Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kwon, with the primary reference of Kim, because a flexibility of the flexible display device is improved, and the touch electrode is prevented from being cracked. (abstract Kwon) Claim(s) 13-20 (as interpreted by examiner) is/are rejected under 35 U.S.C. 103 as being unpatentable over ‘234 and in view of Kwon et al, EP 3109742 A1 as applied to claims 1 and 12 above and in further view of Jin et al, CN 115117115 A and in further view of Wu et al, CN 107425037 B. ‘234 and Kwon fail to teach: 13. The display device of claim 8, further comprising: a protective substrate on the adhesive layer. 14. The display device of claim 9, further comprising: a polarization plate on the protective substrate. 15. The display device of claim 14, wherein the light shielding layer is disposed on the protective substrate to overlap the edge of the encapsulation layer. 16. The display device of claim 15, wherein the light shielding layer is disposed directly on the protective substrate. 17. The display device of claim 15, wherein, in plan view, the light shielding layer surrounds the polarization plate. 18. The display device of claim 15, wherein the light shielding layer comprises: a first light shielding layer disposed directly on the encapsulation layer; and a second light shielding layer disposed directly on the protective substrate to overlap the encapsulation layer. 19. The display device of claim 1, further comprising: a dam disposed on the base substrate to overlap the light shielding layer in the non- display area. 20. The display device of claim 19, wherein a portion of the encapsulation layer is disposed between the dam and the light shielding layer. Jin teaches: the first protective layer PTL1 may include a package substrate (e.g., a glass substrate) sealing member. In addition, the first protective layer PTL1 may also include a protective film, in addition to the sealing member. Also: The anti-reflection layer RFL may include a black matrix BM. See Figure 4 Wu teaches: the anti-reflection layer RPL may include a polarizing plate and a retardation film. See Figure 3A and 3B. In regards to claim 19 and 20, Jin teaches: On the other hand, the first region A1 and the second region A2 may be included in the sensing region SA of FIG. 1 and FIG. 2. A light emitting layer EL may be disposed within a third opening portion OP3 of the embankment layer BK. The light emitting layer EL may contain an organic substance to emit light of a predetermined colour. For example, the light emitting layer EL may include a hole transport layer (hole layer), an organic material layer and an electron transport layer (electron transport layer). As described above, the light emitting layer EL and the dam layer BK of the third opening OP3 overlap configuration, emitted from the light emitting layer EL light can be the display panel 100 above (e.g., the third direction DR3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the above references, because the by providing a polarizing plate and a retardation film for the incident light polarization to reduce the reflectivity of the incident light, or for destructively disturbing the incident light to reduce the reflectivity (Wu machine translation) along with the protective substrate to prevent the external light reflection (Jin machine translation) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL LEBENTRITT whose telephone number is (571)272-1873. The examiner can normally be reached IFP Mon- Fri 8:30 am- 6 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, Sue Purvis can be reached at (571)272-1236. 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. MICHAEL . LEBENTRITT Primary Examiner Art Unit 2893 /MICHAEL LEBENTRITT/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Jun 10, 2024
Application Filed
Jul 13, 2026
Non-Final Rejection mailed — §102, §103, §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
92%
Grant Probability
98%
With Interview (+6.3%)
2y 3m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1007 resolved cases by this examiner. Grant probability derived from career allowance rate.

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