Prosecution Insights
Last updated: August 17, 2026
Application No. 18/755,498

Display with Vertically Stacked Components

Non-Final OA §102§103
Filed
Jun 26, 2024
Priority
Sep 05, 2023 — provisional 63/580,628
Examiner
CROSS, XIA L
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
386 granted / 468 resolved
+22.5% 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 . 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 1-8 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang et al. (US PG-Pub No.: 2019/0206969 A1, hereinafter, “Hwang”). Regarding claim 1, Hwang discloses a display pixel (see Hwang, FIG. 12) configured to emit light in a first direction (up-down), the display pixel comprising: a substrate (110, FIG. 12); a first transistor (T1, FIG. 12) that is formed on the substrate (110); a first planarization layer (162, FIG .12) that overlaps the first transistor (T1) in the first direction (up-down); a component (Cst, FIG. 12) that overlaps the first transistor (T1) in the first direction (up-down), wherein the component (Cst) comprises a component selected from the group consisting of: a capacitor (FIG. 12) and a transistor; a second planarization layer (168+180, FIG. 12) that overlaps the component (Cst) in the first direction (up-down); and an anode (191, ¶ [0143]) that overlaps the first transistor (T1) and the component (Cst) in the first direction (up-down, FIG. 12). Regarding claim 2, Hwang discloses the display pixel defined in claim 1, wherein the component (Cst) is the capacitor (FIG. 12). Regarding claim 3, Hwang discloses the display pixel defined in claim 2, wherein the capacitor (Cst) comprises first and second electrodes (155a+178, FIG .12). Regarding claim 4, Hwang discloses the display pixel defined in claim 3, wherein the capacitor (Cst) comprises first and second dielectric layers (162+163, ¶ [0127]) between the first and second electrodes (155a+178), wherein the first dielectric layer (162) has a greater dielectric constant than the second dielectric layer (163, ¶ [0127]). Regarding claim 5, Hwang discloses the display pixel defined in claim 4, wherein the first dielectric layer (162) has a first dielectric constant that is greater than 10 (¶ [0127]) and wherein the second dielectric layer (163) has a second dielectric constant that is between 1.5 and 10 (¶ [0127]). Regarding claim 6, Hwang discloses the display pixel defined in claim 4, wherein the capacitor (Cst) further comprises a third dielectric layer (161) between the first and second electrodes (155a+178), wherein the second and third dielectric layers (161+163) are formed from a same material (¶ [0127]), and wherein the first dielectric layer (162) is interposed between the second and third dielectric layers (161+163, FIG. 12). Regarding claim 7, Hwang discloses the display pixel defined in claim 4, wherein the first dielectric layer (162) comprises a material selected from the group consisting of: aluminum oxide, hafnium oxide, titanium oxide (¶ [0128]). Regarding claim 8, Hwang discloses the display pixel defined in claim 3, wherein the capacitor (Cst) further comprises a third electrode (191, FIG. 12). Regarding Claim 16, Hwang discloses the display pixel defined in claim 1, further comprising: a light-emitting diode (LD, FIG. 12) that comprises the anode (191). Claims 1, 9, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ji et al. (US PG-Pub No.: 2020/0135089 A1, hereinafter, “Ji”). Regarding claim 1, Ji discloses a display pixel (see Ji, FIG. 5) configured to emit light in a first direction (up-down), the display pixel comprising: a substrate (110, FIG. 5); a first transistor (Tec, FIG. 5) that is formed on the substrate (110); a first planarization layer (CIL, FIG .5) that overlaps the first transistor (Tec) in the first direction (up-down); a component (Tdr, FIG. 5) that overlaps the first transistor (Tec) in the first direction (up-down), wherein the component (Tdr) comprises a component selected from the group consisting of: a capacitor and a transistor (FIG. 5); a second planarization layer (ILD3, FIG. 5) that overlaps the component (Tdr) in the first direction (up-down); and an anode (AE, FIG. 5) that overlaps the first transistor (Tec) and the component (Tdr) in the first direction (up-down, FIG. 5). Regarding claim 9, Ji discloses the display pixel defined in claim 1, wherein the component (Tdr) is the transistor and wherein the transistor is a second transistor (FIG. 5). Regarding claim 11, Ji discloses the display pixel defined in claim 9, further comprising: a capacitor (Cst, FIG. 5) that overlaps the second transistor (Tdr) in the first direction (up-down), wherein the capacitor (Cst) is interposed between the second transistor (Tdr) and the second planarization layer (ILD3, FIG. 5). Regarding claim 12, Ji discloses the display pixel defined in claim 9, further comprising: a capacitor (Cst, FIG. 5) that overlaps the second transistor (Tdr) in the first direction (up-down), wherein the second planarization layer (to meet this limitation, the second planarization layer is CIL and the first planarization layer is ILD3) is interposed between the capacitor (Cst) and the second transistor (Tdr, FIG. 5). Regarding claim 13, Ji discloses the display pixel defined in claim 12, further comprising: a third planarization layer (PL, FIG. 5) that overlaps the capacitor (Cst) in the first direction (up-down), wherein the third planarization layer (PL) is interposed between the anode (AE) and the capacitor (Cst, FIG. 5). Claims 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu et al. (US PG-Pub No.: 2022/0102460 A1, hereinafter, “Xu”). Regarding claim 17, Xu discloses a display pixel (see Xu, FIGs. 1-2) comprising: a first power supply terminal (VDD, FIG. 1); a second power supply terminal (VSS, FIG. 1); a light-emitting diode (61-63, FIGs. 1-2); a drive transistor (T2, FIG. 1), wherein the drive transistor (T2) and the light-emitting diode (61-63) are connected in series between the first and second power supply terminals (VDD+VSS, FIGs. 1-2); a switching transistor (T1, ¶ [0095]) that is connected to a gate of the drive transistor (T2, FIG. 1); a substrate (10, FIG. 2A); a first deck on the substrate (10) that includes the switching transistor (T1) and a first planarization layer (15, ¶ [0141]) that overlaps the switching transistor (T1); and a second deck on the first deck that includes the drive transistor (T2) and a second planarization layer (16, ¶ [0141]), that overlaps the drive transistor (T2, FIGs. 1-2). Regarding claim 18, Xu discloses the display pixel defined in claim 17, further comprising: a capacitor (Cst, FIG. 1) that is connected to the gate of the drive transistor (T2, FIG. 1); and a third deck on the second deck that includes the capacitor (Cst) and a third planarization layer (13, FIG. 2A) that overlaps the capacitor (Cst, FIG. 2A). Regarding claim 19, Xu discloses the display pixel defined in claim 18, further comprising: an anode (61, ¶ [0137]) for the light-emitting diode (61-63) on the third planarization layer (13, FIG. 2A). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US PG-Pub No.: 2020/0135089 A1, hereinafter, “Ji”), as applied to claim 9 above, in view of Choi et al. (US PG-Pub No.: 2020/0013843 A1, hereinafter, “Choi”). Regarding claim 10, Ji discloses the display pixel defined in claim 9. Ji is silent regarding that the first and second transistors (Tec and Tdr) comprise respective first and second channel regions (ACT) formed from semiconducting oxide. Choi, however, discloses a display (see Choi, FIG. 3), wherein a channel region (135, ¶ [0050]) of a transistor (255, FIG. 3) formed from semiconductor oxide (¶ [0050]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to form Ji’s first and second transistors comprising respective first and second channel regions formed from semiconducting oxide, as taught by Choi, since the selection of a known material (oxide semiconductor) based on its suitability for its intended use (to form channel) supports a prima facie obviousness determination. See MPEP § 2144.07. Regarding claim 15, Ji discloses the display pixel defined in claim 1. Ji is silent regarding that the first and second planarization layers comprise a siloxane material. Choi, however, discloses a display (see Choi, FIG. 3), wherein a planarization layer (270, FIG. 3) comprising a siloxane material (¶ [0083]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to form Ji’s first and second planarization layers comprising a siloxane material, as taught by Choi, since the selection of a known material (siloxane) based on its suitability for its intended use (to form a planarization layer) supports a prima facie obviousness determination. See MPEP § 2144.07. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US PG-Pub No.: 2020/0135089 A1, hereinafter, “Ji”), as applied to claim 9 above, in view of Zhu et al. (US PG-Pub No.: 2022/0140047 A1, hereinafter, “Zhu”). Regarding claim 14, Ji discloses the display pixel defined in claim 1, further comprising: a conductive via (FIG. 5) that extends through the first planarization layer. Ji is silent regarding that the conductive via has a width that is less than 1 micron. Zhu, however, discloses a display (see Zhu, FIG. 1), wherein conductive via have a width that is less than 1 micron (¶ [0060]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to form Ji’s conductive via with a width that is less than 1 micron, as taught by Zhu, in order to form small pixels with better resolution. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US PG-Pub No.: 2020/0135089 A1, hereinafter, “Ji”) in view of Yu et al. (US PG-Pub No.: 2021/0226169 A1, hereinafter, “Yu”). Regarding claim 20, Ji discloses a display (see Ji, FIGs. 1 and 3) comprising: an array of display pixels (FIG. 1), wherein a display pixel in the array of display pixels comprises: a light-emitting diode (P, FIG. 1) configured to emit light vertically (FIG. 3); a drive transistor (Tdr, FIG. 3) with a first gate (GE for Tdr, FIG. 3) that is vertically overlapped by the light-emitting diode (P with AE, FIG. 3); and an additional transistor (Ts, FIG. 3) with a second gate (GE for Ts) that is vertically overlapped by the light-emitting diode (P with AE) and the first gate (GE for Tdr, FIG. 3). Ji is silent regarding that a pixel density greater than 1000 pixels per inch. However, Yu discloses a display having a pixel density greater than 1000 pixels per inch (¶ [0008]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to form Ji’s display having a pixel density greater than 1000 pixels per inch, as taught by Yu, in order to form display with high resolution. 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

Jun 26, 2024
Application Filed
Jul 27, 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 (~3m 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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