Prosecution Insights
Last updated: October 24, 2026
Application No. 18/907,968

LIGHT EMITTING ELEMENT AND DISPLAY DEVICE INCLUDING THE SAME

Non-Final OA §102§103
Filed
Oct 07, 2024
Priority
Feb 06, 2024 — RE 10-2024-0018159
Examiner
HOANG, DZUNG T
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
7 granted / 9 resolved
+9.8% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
42
Total Applications
across all art units

Statute-Specific Performance

§103
60.0%
+20.0% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 9 resolved cases

Office Action

§102 §103
DETAILED ACTION Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/7/2024 was filed. 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 § 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. (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. Claim(s) 1-2, 4-6, 8-10, 12-13, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Denesh (US 20180114878 A1) Regarding claim 1, Denesh discloses (Fig. 41) A light emitting element comprising: a first semiconductor layer (804) doped with a first conductivity type (n, ¶ [0369]); a stress relief layer (1120) disposed on the first semiconductor layer, the stress relief layer comprising an indium-containing layer (1122, ¶ [0371]) containing a nitride-based semiconductor material containing indium (1122), and doped with the first conductivity type (n, ¶ [0369]); a light emitting layer (1130) disposed on the stress relief layer, the light emitting layer comprising a quantum well layer (1132, 1133, ¶ [0396], Fig. 42) containing a nitride-based semiconductor material containing indium (1132) in a composition greater than or equal to an indium composition of the indium-containing layer (¶ [0385] discloses indium content of the quantum well 1132 in a range from 0.26-0.55; ¶ [0372] discloses indium content of indium-containing layer 1122 in a range from 0.08 to 0.12); and a second semiconductor layer (1150) disposed on the light emitting layer and doped with a second conductivity type (p, ¶ [0390]), wherein the indium composition of the indium-containing layer is in a range of about 30% to about 100% of an indium composition of the quantum well layer (¶ [0372] discloses indium content of the indium-containing layer 1122 in a range from 0.08-0.12, ¶ [0385] discloses the quantum well layer 1132 in a range from 0.26 to 0.55, as such it would make the indium content of the indium-containing layer to be about 0.3 to 1 of the indium content of the quantum well). Regarding claim 2, Danesh discloses the light emitting element of claim 1, wherein a doping concentration of the indium-containing layer is about 1x1016/cm3 or more (¶ [0388 discloses intrinsic layer 1120 has a free charge carrier not greater than 1x1016/cm3 as such the n-type structure 1120 (¶ [0375]) would have a doping concentration of about 1x1016/cm3 or more). Regarding claim 4, Danesh discloses the light emitting element of claim 1, wherein a thickness of the indium-containing layer (1122) is about 2 nm or more (¶ [0374]). Regarding claim 5, Danesh discloses The light emitting element of claim 1, further comprising (Fig. 42, ¶ [0371]): a superlattice layer (1110) disposed between the first semiconductor layer and the stress relief layer, wherein the superlattice layer is formed as multiple layers in which a first layer containing a nitride-based semiconductor material containing indium (1112) and a second layer containing a nitride-based semiconductor material that does not contain indium (1114) are alternately disposed. Regarding claim 6, Danesh discloses the light emitting element of claim 5, wherein an Indium composition of the superlattice layer (1112) is less than about 30% of the indium composition of the quantum well layer (¶ [0372] discloses indium content of 1112 in a range from 4-8%; ¶ [0385] discloses indium content of 1132 in a range from 26-55%, making the former is less than 30% of the latter). Regarding claim 8, Danesh discloses the light emitting element of claim 5, further comprising (Fig. 42): a spacer layer (1118) disposed between the superlattice layer and the stress relief layer, the spacer layer containing a nitride-based semiconductor material that does not contain indium, wherein a thickness of the spacer layer is about 20 nm or more (¶ [0383]). Regarding claim 9, Danesh discloses the light emitting element of claim 1, wherein (Fig. 42) the quantum well layer (1132) contains InGaN (¶ [0370]), and the indium-containing layer (1122) contains InGaN or InAlGaN (¶ [0371]). Regarding claim 10, Danesh discloses the light emitting element of claim 1, wherein the indium-containing layer directly contacts the light emitting layer (Fig. 42). Regarding claim 12, Danesh discloses the light emitting element of claim 1, wherein (Fig. 42, ¶ [0371]) the stress relief layer (1120) is formed as multiple layers in which a plurality of indium-containing layers comprising the indium-containing layer (1122) and a plurality of intermediate layers containing a nitride-based semiconductor material that does not contain indium (1124) are alternately disposed. Regarding claim 13, Danesh discloses the light emitting element of claim 12, wherein an indium composition of the plurality of indium-containing layers (1122) gradually changes from the indium-containing layer at a lower portion adjacent to the first semiconductor layer to the indium-containing layer at an upper portion adjacent to the light emitting layer (¶ [0382]). Regarding claim 16, Danesh discloses the light emitting element of claim 1, wherein an indium fluctuation in the light emitting layer is at least about 10% higher than an indium fluctuation in the stress relief layer (¶¶ [0372, 0385], 4-8% 26-55%). Regarding claim 17, Danesh discloses the light emitting element of claim 1, wherein (Fig. 42, ¶ [0385]) the indium composition of the quantum well layer (1132) is about 25% or more (26-55%), and an emission wavelength of the light emitting layer is in a range of about 500 nm to about 750 nm (¶ [0370]). Regarding claim 18, Danesh discloses (Fig. 40B) A display device (¶ [0009]) comprising: a pixel (10B, 10G, 10R) comprising a first pixel electrode (796, ¶ [0359]), a second pixel electrode (804, ¶ [0359], Fig. 41), and a light emitting element (10R, 10B, 10G) electrically connected between the first pixel electrode and the second pixel electrode, wherein the light emitting element comprises (Fig. 42): a first semiconductor layer (804) doped with a first conductivity type (n, ¶ [0369]); a stress relief layer (1120) disposed on the first semiconductor layer, the stress relief layer comprising an indium-containing layer (1122, ¶ [0371]) containing a nitride-based semiconductor material containing indium (1122), and doped with the first conductivity type (¶ [0370]); a light emitting layer (1130) disposed on the stress relief layer , the light emitting layer comprising a quantum well layer (1132, 1133, ¶ [0396], Fig. 42) containing a nitride-based semiconductor material containing indium (1132); and a second semiconductor layer (1150, ¶ [0390]) disposed on the light emitting layer and doped with a second conductivity type (p), and an indium composition of the indium-containing layer is in a range of about 30% to about 100% of an indium composition of the indium (¶ [0372] discloses indium content of the indium-containing layer 1122 in a range from 0.08-0.12, ¶ [0385] discloses the quantum well layer 1132 in a range from 0.26 to 0.55, as such it would make the indium content of the indium-containing layer to be about 0.3 to 1 of the indium content of the quantum well). Regarding claim 19, Danesh discloses the display device of claim 18, wherein a doping concentration of the indium-containing layer is about 1x1016/cm3 or more (¶ [0388 discloses intrinsic layer 1120 has a free charge carrier not greater than 1x1016/cm3 as such the n-type structure 1120 (¶ [0375]) would have a doping concentration of about 1x1016/cm3 or more). Regarding claim 20, Danesh discloses the display device of claim 18, wherein (Fig. 42) the light emitting element further comprises a superlattice layer (1110) disposed between the first semiconductor layer (804) and the stress relief layer (1120), and the superlattice layer contains a nitride-based semiconductor material containing indium (1112) in a composition less than about 30% of the indium composition of the quantum well layer (¶ [0372] discloses indium content of the indium-containing layer 1112 in a range from 0.04-0.08, ¶ [0385] discloses the quantum well layer 1132 in a range from 0.26 to 0.55, as such it would make the indium content of the indium-containing layer to be less than 0.3 of the indium content of the quantum well). 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) 3, 7, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Denesh (US 20180114878 A1) Regarding claim 3, Danesh discloses the light emitting element of claim 1. Danesh is silent regarding a doping concentration of the indium-containing layer is lower than a doping concentration of the first semiconductor layer. Artisans in the art would have appreciated that in semiconductor device fabrication, the stress relief layer is often thin, lightly doped or intrinsic layer placed between the substrate and the active region because a heavily doped layer would create a large concentration of free carrier, which can shunt current and reduce the effective electric field in the active region. By keeping the stress relief layer lightly doped, high resistivity is maintained, allowing the semiconductor’s intrinsic properties to dominate in the active area. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to dope the indium-containing layer of the stress relief layer with a lighter doping concentration than the first semiconductor layer to optimize applications. Regarding claim 7, Danesh discloses the light emitting element of claim 5. Danesh is silent wherein a doping concentration of the indium-containing layer (1122) is lower than a doping concentration of the first semiconductor layer (804). Artisans in the art would have appreciated that in semiconductor device fabrication, the stress relief layer is often thin, lightly doped or intrinsic layer placed between the substrate and the active region because a heavily doped layer would create a large concentration of free carrier, which can shunt current and reduce the effective electric field in the active region. By keeping the stress relief layer lightly doped, high resistivity is maintained, allowing the semiconductor’s intrinsic properties to dominate in the active area. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to dope the indium-containing layer of the stress relief layer with a lighter doping concentration than the first semiconductor layer to optimize applications. Regarding claim 11, Danesh discloses the light emitting element of claim 1. Danesh discloses the stress relief layer is a superlattice layer comprising alternating layers 1122 and 1124 (Fig. 42). Danesh in another embodiment, Fig. 36, discloses the stress relief layer is a single layer (808) formed of the indium-containing layer, and an indium composition of the stress relief layer gradually changes from a lower portion adjacent to the first semiconductor layer to an upper portion adjacent to the light emitting layer (¶ [0341] disclosing indium content of 808 as a graded composition increasing from 804 to 808). As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the stress relief layer of Danesh (Fig. 36) for the stress relief layer of Danesh (Fig. 42) without changing the function of the light emitting device. Doing so would allow for a diversity of applications. Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being anticipated by Denesh (US 20180114878 A1) in view of Shen (US 20030085409 A1) Regarding claim 14, Danesh discloses the light emitting element of claim 1. Danesh is silent regarding wherein a doping concentration of the stress relief layer gradually changes from a lower portion adjacent to the first semiconductor layer to an upper portion adjacent to the light emitting layer. Shen discloses (Fig. 3) a light emitting device comprising a first semiconductor layer (204), a stress relief layer (206), a light emitting layer (208) and a second semiconductor layer (214), wherein the stress relief layer (206) has a graded dopant concentration (¶ [0027]). Artisans in the art would have appreciated that in light emitting device fabrication, a graded dopant concentration layer in a stress relief layer can improve performance by addressing multiple interrelated challenges such as improved charge injection and transport, allowing certain regions to facilitate hole or electron injection while maintaining balanced transport in others. e.g. in red OLEDs, a higher dopant concentration near the charge generation layer can enhance hole mobility while a lower concentration in other regions helps maintain color stability at low current. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the stress relief layer of Danesh with a graded dopant concentration stress relief layer of Shen for optimal applications. Regarding claim 15, Danesh in view of Shen discloses the light emitting element of claim 14. Danesh fails to disclose wherein the doping concentration of the stress relief layer gradually decreases from a lower portion adjacent to the first semiconductor layer to an upper portion adjacent to the light emitting layer. Artisans in the art would have appreciated that in semiconductor device fabrication, the stress relief layer is often thin, lightly doped or intrinsic layer placed between the substrate and the active region because a heavily doped layer would create a large concentration of free carrier, which can shunt current and reduce the effective electric field in the active region. By keeping the stress relief layer lightly doped at the portion closer to the active layer, high resistivity is maintained, allowing the semiconductor’s intrinsic properties to dominate in the active area. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to dope the stress relief layer with a graded dopant concentration higher at the portion close to the semiconductor layer and lower at the portion closer to the light emitting layer. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Okuno (US 20130161586 A1) and Chakraborty (US 7769066 B2) disclose a light emitting device with indium-containing nitride-based stress relief layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DZUNG T HOANG whose telephone number is (571)272-5622. The examiner can normally be reached M-F 8:00 - 5:00. 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, Leonard Chang can be reached at 571-270-3691. 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. /DTH/Examiner, Art Unit 2898 /Leonard Chang/Supervisory Patent Examiner, Art Unit 2898
Read full office action

Prosecution Timeline

Oct 07, 2024
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 9024934
PIXEL AND ORGANIC LIGHT EMITTING DISPLAY USING THE SAME
2y 6m to grant Granted May 05, 2015
Patent null
LED DRIVING APPARATUS AND METHOD AND DISPLAY APPARATUS USING THE LED DRIVING APPARATUS AND METHOD
Granted
Patent null
TOUCH PEN FOR PORTABLE TERMINAL HAVING GENDER UNIT
Granted
Study what changed to get past this examiner. Based on 3 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
78%
With Interview (+0.0%)
2y 8m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 9 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month