Prosecution Insights
Last updated: October 02, 2026
Application No. 18/766,633

Display Device

Non-Final OA §103
Filed
Jul 08, 2024
Priority
Feb 28, 2024 — RE 10-2024-0028737
Examiner
QUINTO, KEVIN V
Art Unit
Tech Center
Assignee
LG Display Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
732 granted / 861 resolved
+25.0% vs TC avg
Minimal +2% lift
Without
With
+1.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
20 currently pending
Career history
886
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
31.6%
-8.4% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 861 resolved cases

Office Action

§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 § 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. Claims 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (United States Patent Application Publication No. US 2017/0025489 A1, hereinafter “Choi”) in view of Hong et al. (United States Patent Application Publication No. US 2021/0376269 A1, hereinafter “Hong”). In reference to claim 1, Choi discloses a similar device. Fig. 4 and 6 of Choi disclose a display device which comprises a first substrate (30) having a display area (40) and a non-display area (not explicitly shown in figures but is located in area outside of figures). A planarization layer (50) is disposed in the display area and the non-display area on the first substrate (30). A light emitting diode (36, 38, 38C, 42) is disposed in the display area (40) on the planarization layer (50). The light emitting diode (36, 38, 38C, 42) includes an anode (36), an organic layer (38, 38C), and a cathode (42). A protection layer (84) is disposed in the display area (40) and the non-display area on the planarization layer (50) and is disposed to cover an end of the anode (36). A bank (60) is disposed on at least a portion of the protection layer (84) to cover the end of the anode (36). A second substrate (70) is disposed to face the first substrate (30). An adhesive layer (46) is disposed on the bank (60) to adhere the second substrate (70) to the first substrate (30). Choi does not explicitly disclose that the protection layer (84) surrounds a side surface of the planarization layer (50). However fig. 7 of Hong discloses a display device with a protection/encapsulation layer (410) that surrounds a side surface of the planarization layer (120). Hong discloses that encapsulation layers protect the display area from air and moisture (p. 3, paragraph 59). In view of Hong, it would therefore be obvious to implement the protection/encapsulation layer (84) of Choi such that it surrounds a side surface of the planarization layer (50). With regard to claim 12, Choi discloses that the protection layer (84) is made of an inorganic material (p. 4, paragraph 52). Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Hong as applied to claim 1 above and further in view of Harada (United States Patent Application Publication No. US 2018/0337365 A1, hereinafter “Harada”). In reference to claim 2, Choi does not disclose a first plurality of openings that are disposed in the protection layer (84) to expose the planarization layer (50) in the non-display area. However fig. 3 of Harada discloses forming a plurality of openings in a protection layer (78) that expose a planarization layer (72) in a non-display area (44); both layers are under a bank (82). Harada discloses (p. 4, paragraph 51) that this is done to allow efficient removal of moisture from the planarization layer (72). Harada further discloses that moisture can cause defects in the organic electroluminescence layer (p. 1, paragraph 5). In view of Harada, it would therefore be obvious to implement a first plurality of openings in the protection layer (84) in order to remove moisture from the planarization layer (50) of Choi. With regard to claim 3, in the device of Choi constructed in view of Hong and Harada, the bank (60 – fig. 4 and 6 of Choi) is in contact with the planarization layer (50 – fig. 6 of Choi) through the first plurality of openings. Claims 13, 16, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Harada. In reference to claim 13, Choi discloses a similar device. Fig. 4 and 6 of Choi disclose a display device which comprises a thin film transistor (58) on a substrate (30). An insulating layer (50) is on the thin film transistor (58). A light emitting diode (36, 38, 38C, 42) is on the insulating layer (50). The light emitting diode (36, 38, 38C, 42) includes a first electrode (36), an organic emitting layer (38, 38C), and a second electrode (42). A protection layer (84) is on the insulating layer (50). A bank (60) is disposed on and contacts at least a portion of the protection layer (84). An adhesive layer (46) is on the bank (60). A second substrate (70) is on the adhesive layer (46). Choi does not disclose one or more openings formed in the protection layer (84) to expose one or more portions of the insulating layer (50). However fig. 3 of Harada discloses forming a plurality of openings in the protection layer (78) in a display device. Harada discloses (p. 4, paragraph 51) that this is done to allow efficient removal of moisture from the underlying insulation layer (72). Harada further discloses that moisture can cause defects in the organic electroluminescence layer (p. 1, paragraph 5). In view of Harada, it would therefore be obvious to implement one or more openings in the protection layer (84) that expose one or more portions of the insulating layer (50) in order to remove moisture from the insulating layer (50) of Choi. With regard to claim 16, fig. 6 of Choi shows that the insulating layer (50) within an opening (note the opening in 50 with layers 75 and 84 in it) has a concave surface. With regard to claim 19, Choi discloses that the insulating layer (50) is organic in the form of a polymer (p. 3, paragraph 46). The protection layer (84) is inorganic (p. 4, paragraph 52). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Harada as applied to claim 13 above and further in view of Hong. In reference to claim 20, in fig. 4 and 6 of Choi, the protection layer (84) covers an end of the first electrode (36) of the light emitting diode in a display area (40). Although not explicitly shown in the figures, there is a non-display area located in an area outside of the display area (40) such that the protection layer (84) covers the insulating layer (50). Choi does not explicitly disclose that the protection layer (84) covers at least a portion of a side surface of the insulation layer (50) in the non-display area. However fig. 7 of Hong discloses a display device with a protection/encapsulation layer (410) that surrounds a side surface of the insulation layer (120). Hong discloses that encapsulation layers protect the display area from air and moisture (p. 3, paragraph 59). In view of Hong, it would therefore be obvious to implement the protection/encapsulation layer (84) of Choi such that it covers at least a portion of a side surface of the insulation layer (50). Allowable Subject Matter Claims 4-11, 14, 15, 17, and 18 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: in the examiner’s opinion, it would not be obvious to implement a display device with a first substrate with a planarization layer disposed in a display area and a non-display area, a light emitting diode disposed in the display area on the planarization layer such that it included an anode, an organic layer, and a cathode; a protection layer in the display area and the non-display area and on the planarization layer such that it covers an end of the anode and surrounds a side surface of the planarization layer while having a plurality of openings to expose the planarization layer in the non-display area, a bank disposed on at least a portion of the protection layer to cover the end of the anode such that the bank contacts the planarization layer in the plurality of openings, an adhesive layer disposed on the bank to adhere a second substrate to the first substrate in combination with the specific bank overlap and its second opening or the specific adhesive layer contact requirements described by the applicant in claims 4-7 and 9-11. In the examiner’s opinion, it would also not be obvious to implement a display device with a thin film transistor on a substrate, an insulating layer on the thin film transistor, a light emitting diode on the insulating layer which includes a first electrode, an organic emitting layer, and a second electrode; a protection layer on the insulating layer with one or more openings to expose one or more portions of the insulating layer, a bank disposed on and in contact with at least a portion of the protection layer; an adhesive layer on the bank, a second substrate on the adhesive layer in combination with the bank having specific thicknesses, first and second parts, and positions on the protection layer as required by the applicant in claims 14, 15, 17, and 18. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN QUINTO whose telephone number is (571)272-1920. The examiner can normally be reached Monday-Friday, 9-5:30. 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, Britt Hanley can be reached at 571-270-3042. 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. /KEVIN QUINTO/Examiner, Art Unit 2893 /Britt Hanley/Supervisory Patent Examiner, Art Unit 2893
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Prosecution Timeline

Jul 08, 2024
Application Filed
Sep 16, 2026
Non-Final Rejection mailed — §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
85%
Grant Probability
87%
With Interview (+1.7%)
2y 6m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 861 resolved cases by this examiner. Grant probability derived from career allowance rate.

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