Prosecution Insights
Last updated: October 02, 2026
Application No. 18/741,762

DISPLAY DEVICE

Non-Final OA §102§112
Filed
Jun 12, 2024
Priority
Sep 25, 2023 — RE 10-2023-0127645
Examiner
CHANG, JAY C
Art Unit
Tech Center
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
582 granted / 682 resolved
+25.3% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
31 currently pending
Career history
705
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
28.2%
-11.8% vs TC avg
§112
27.7%
-12.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 682 resolved cases

Office Action

§102 §112
DETAILED ACTION 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 statements (IDS) submitted on 6/12/2024, 3/10/2025 and 7/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 112 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 13 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. Claim 13 recites the limitation “the light emitting element” (singular form) in line 2 of the claim, which is indefinite and unclear, because claim 1 previously introduces “light emitting elements” (plural form) in line 8 of the claim, which claim 13 depends from, and thus it is unclear which specific “light emitting element” is being referenced in the limitation “the light emitting element” in line 2 of claim 13. 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)(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. Claims 1-3, 11-13 and 15-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tabatake et al. (US 2024/0298503 A1, hereinafter “Tabatake”). Regarding independent claim 1, Figures 1-7 of Tabatake disclose a display device comprising: a substrate 10 (“substrate”- ¶0021) on which a display area DA (“display area”- ¶0021) and a non-display area SA (“peripheral area”- ¶0021) disposed near the display area DA are defined; a first bank layer 61 (“lower portion”- ¶0040) disposed on the substrate 10, wherein the bank layer 61 defines a plurality of openings (i.e., the spaces between 61) in the display area DA; a second bank layer 62 (“upper portion”- ¶0040) disposed on the first bank layer 61, wherein the second bank layer 62 comprise a side more protruded than a side of the first bank layer 61; a plurality of light emitting elements SP1-SP3 (“subpixels”- ¶0023) disposed on the substrate 10 and overlapping the openings; a first inorganic encapsulation layer SE1-SE3 (“sealing layers… inorganic material”- ¶0047) disposed on the light emitting elements SP1-SP3; an organic encapsulation layer 13 (“resin layers... organic materials”- ¶0047) disposed on the first inorganic encapsulation layer SE1-SE3 and the second bank layer 62; a second inorganic encapsulation layer 14 (“sealing layers… inorganic material”- ¶0047) disposed on the organic encapsulation layer 13; and a first dam R2 (“dam structure… portion”- ¶0065) disposed between the substrate 10 and the second inorganic encapsulation layer 14 in the non-display area SA, wherein an area of a first side (i.e., right side of R2 as shown in Fig. 7) of the first dam R2 does not overlap the first inorganic encapsulation layer SE1-SE3 in a thickness direction of the substrate 10. Regarding claim 2, Figures 1-7 of Tabatake disclose wherein the first side of the first dam R2 is directed toward the display area DA, and the organic encapsulation layer 13 overlaps the first side of the first dam R2 in the thickness direction of the substrate 10. Regarding claim 3, Figures 1-7 of Tabatake disclose wherein the first side of the first dam R2 is in contact with the organic encapsulation layer 13, and a second side of the first dam R2, which is opposite to the first side thereof, is in contact with the second inorganic encapsulation layer 14. Regarding claim 11, Figures 1-7 of Tabatake disclose wherein each of the light emitting elements SP1-SP3 comprises a pixel electrode LE1-LE3 (“lower electrodes”- ¶0048) disposed on the substrate 10 and overlapping the openings; a light emitting layer OR1-OR3 (“organic layers… light-emitting”- ¶0049) disposed on the pixel electrode LE1-LE3; and a common electrode UE1-UE3 (“upper electrodes”- ¶0048) disposed on the light emitting layer OR1-OR3, and one end of the common electrode UE1-UE3 and another end of the common electrode UE1-UE3, which is opposite to the one end thereof, overlap the openings. Regarding claim 12, Figures 1-7 of Tabatake disclose wherein the common electrode UE1-UE3 is in contact with the first bank layer 61. Regarding claim 13, Figures 1-7 of Tabatake disclose wherein the first inorganic encapsulation layer SE1-SE3 comprises a plurality of sub-inorganic layers SE1-SE3 disposed on the light emitting element SP1-SP3 overlapping the openings and the second bank layer 62 near the openings. Regarding independent claim 15, Figures 1-7 of Tabatake disclose a display device comprising: a substrate 10 (“substrate”- ¶0021) on which a display area DA (“display area”- ¶0021) and a non-display area SA (“peripheral area”- ¶0021) disposed near the display area DA are defined; a first bank layer 61 (“lower portion”- ¶0040) disposed on the substrate 10, wherein the bank layer 61 defines a plurality of openings (i.e., the spaces between 61) in the display area DA; a second bank layer 62 (“upper portion”- ¶0040) disposed on the first bank layer 61, wherein the second bank layer 62 comprise a side more protruded than a side of the first bank layer 61; a first light emitting element SP1 (“red subpixel”- ¶0023) disposed on the substrate 10 and overlapping a first opening of the openings; a second light emitting element SP2 (“green subpixel”- ¶0023) disposed on the substrate 10 and overlapping a second opening of the openings, which is spaced apart from the first opening; a first dam R1 (“dam structure… portion”- ¶0065) disposed on the substrate 10 in the non-display area SA; a first inorganic encapsulation layer SE1-SE3, SEs (“sealing layers… inorganic material”- ¶¶0047, 0086) comprising a first sub-inorganic layer SE1 disposed on the first light emitting element SP1, a second sub-inorganic layer SE2 disposed on the second light emitting element SP2 and a third sub-inorganic layer SEs disposed on the first dam R1, since SEs is disposed indirectly on a sidewall of dam R1; an organic encapsulation layer 13 (“resin layers... organic materials”- ¶0047) disposed on the first inorganic encapsulation layer SE1-SE3, SEs; and a second inorganic encapsulation layer 14 (“sealing layers… inorganic material”- ¶0047) disposed on the organic encapsulation layer 13, wherein the first sub-inorganic layer SE1, the second sub-inorganic layer SE2 and the third sub-inorganic layer SEs of the first inorganic encapsulation layer SE1-SE3, SEs are spaced apart from one another. Regarding claim 16, Figures 1-7 of Tabatake disclose wherein the first sub-inorganic layer SE1 and the second sub-inorganic layer SE2 are in contact with a lower surface of the second bank layer 62. Regarding claim 17, Figures 1-7 of Tabatake disclose wherein a first side (i.e., the right side of R1 as shown in Fig. 7) of the first dam R1 is in contact with the organic encapsulation layer 13, and a second side (i.e., the left side of R1 as shown in Fig. 7) of the first dam R1, which is opposite to the first side thereof, is in contact with the second inorganic encapsulation layer 14, since the left side of R1 is in indirect contact with layer 14. Allowable Subject Matter Claims 4-10 and 14 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. Regarding claim 4 (which claims 5-10 depend from), the prior art of record including Tabatake, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “wherein the first inorganic encapsulation layer comprises a first inorganic layer disposed on the light emitting elements and a second inorganic layer disposed on the first dam and spaced apart from the first inorganic layer”. Regarding claim 14, the prior art of record including Tabatake, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “[the] display device… further comprising: a third inorganic encapsulation layer disposed between the first inorganic encapsulation layer and the organic encapsulation layer”. Claims 18-20 are allowed. Regarding independent claim 18, Figures 1-7 of Tabatake disclose a display device comprising: a substrate 10 (“substrate”- ¶0021) on which a display area DA (“display area”- ¶0021) and a non-display area SA (“peripheral area”- ¶0021) disposed near the display area DA are defined; a plurality of light emitting elements SP1-SP3 (“subpixels”- ¶0023) disposed on the substrate 10 in the display area DA; a first dam R2 (“dam structure… portion”- ¶0065) disposed on the substrate 10 in the non-display area SA; a second dam R1 (“dam structure… portion”- ¶0065) disposed on the substrate 10 in the non-display area SA and positioned between the light emitting elements SP1-SP3 and the first dam R2; a first inorganic encapsulation layer SE1-SE3 (“sealing layers… inorganic material”- ¶0047) comprising a third sub-inorganic layer SE3; an organic encapsulation layer 13 (“resin layers... organic materials”- ¶0047) disposed on the light emitting elements SP1-SP3 and the third sub-inorganic layer SE3; and a second inorganic encapsulation layer 14 (“sealing layers… inorganic material”- ¶0047) disposed on the organic encapsulation layer 13 and the first dam R2. Tabatake does not expressly disclose wherein the first inorganic encapsulation layer comprises a first sub-inorganic layer disposed on the first dam, a second sub-inorganic layer disposed on the first sub-inorganic layer and a third sub-inorganic layer disposed on the second dam, and wherein the first sub-inorganic layer and the third sub-inorganic layer are spaced apart from each other. Thu, regarding independent claim 18, the claim is allowed, because the prior art of record including Tabatake, either singularly or in combination, does not disclose or suggest the combination of limitations including, but not limited to, “a first inorganic encapsulation layer comprising a first sub-inorganic layer disposed on the first dam, a second sub-inorganic layer disposed on the first sub-inorganic layer and a third sub-inorganic layer disposed on the second dam” and “wherein the first sub-inorganic layer and the third sub-inorganic layer are spaced apart from each other”. Claims 19-20 are allowed as being dependent on allowed claim 18. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kishimoto (US 2021/0066651 A1), which discloses a display device comprising a first dam and an encapsulation layer on the first dam. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAY C CHANG whose telephone number is (571)272-6132. The examiner can normally be reached Mon- Fri 12pm-10pm. 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, Eliseo Ramos-Feliciano can be reached at (571)-272-7925. 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. /JAY C CHANG/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Jun 12, 2024
Application Filed
Sep 01, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+13.9%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 682 resolved cases by this examiner. Grant probability derived from career allowance rate.

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