Prosecution Insights
Last updated: October 02, 2026
Application No. 18/924,174

DISPLAY APPARATUS AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §103
Filed
Oct 23, 2024
Priority
Jan 17, 2024 — RE 10-2024-0007630
Examiner
BREVAL, ELMITO
Art Unit
Tech Center
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
1085 granted / 1416 resolved
+16.6% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
39 currently pending
Career history
1444
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1416 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 . Election/Restrictions Applicant’s election without traverse of group I in the reply filed on 07/28/2026 is acknowledged. Claim Rejections - 35 USC § 103 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US. Pub: 2023/0131912 A1~hereinafter “Yang”) of record in view of Sung et al. (US. Pat: 10,050231 A1~ hereinafter “Sung”) of record. Regarding claim 1, Yang discloses (in at least fig. 2A) a display apparatus comprising: a substrate (BS); a lower electrode (AE; [0070]-[0071]) located on the substrate; a pixel-defining layer (PDL; [0070]) located on the lower electrode and comprising a pixel opening through which a part of the lower electrode is exposed (see at least fig. 2A); an intermediate layer ([0072]) located on the lower electrode and comprising an emission layer (EML; [0072]); an upper electrode (CE; [0075]) located on the intermediate layer; a first inorganic encapsulation layer (IOL1; [0079]) located on the upper electrode; a second inorganic encapsulation layer (ILO2; [0079]) located on the first inorganic encapsulation layer and located in the pixel opening; and a third inorganic encapsulation layer (not labeled; [0013]; [0129]) located on the second inorganic encapsulation layer. Yang does not expressly disclose the third inorganic encapsulation layer is spaced apart from the first inorganic encapsulation layer in an area overlapping the pixel opening and is located directly on the first inorganic encapsulation layer in an area overlapping the pixel-defining layer. However, it is well-known in the art to form a display device comprised of, in part, a third inorganic encapsulation layer is spaced apart from the first inorganic encapsulation layer in an area overlapping the pixel opening and is located directly on the first inorganic encapsulation layer in an area overlapping the pixel-defining layer as evident by Sung at least fig. 3 A which discloses “a third inorganic encapsulation layer (ILO2) that is spaced apart from the first inorganic encapsulation layer (ILO1) in an area overlapping the pixel opening (see at least fig. 3A) and is located directly on the first inorganic encapsulation layer in an area overlapping the pixel-defining layer (PDL) in order to block a foreign substance such as oxygen or moisture, from entering into the display device and reducing formation of a crack caused by an external impact (col. 1, lines 36-39). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Yang with the encapsulation arrangement teaching of Sung in order to block a foreign substance such as oxygen or moisture, from entering into the display device and reducing formation of a crack caused by an external impact. Also, it has been held that rearranging parts of an invention involves only routine skill in the art. Regarding claims 2-3 and 17, Yang as modified by Sung discloses all the claimed limitations except for a film density of the second inorganic encapsulation layer is lower than a film density of the first inorganic encapsulation layer; and a film density of the second inorganic encapsulation layer is lower than a film density of the third inorganic encapsulation layer. However, Yang as modified by Sung discloses (in at least fig. 2A Yang) a first inorganic encapsulation layer (IOL1; [0079]) located on the upper electrode; a second inorganic encapsulation layer (ILO2; [0079]) located on the first inorganic encapsulation layer and located in the pixel opening; and a third inorganic encapsulation layer (not labeled; [0013]; [0129]) located on the second inorganic encapsulation layer. I would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the encapsulation layers of Yang as modified by Sung such that a film density of the second inorganic encapsulation layer is lower than a film density of the first inorganic encapsulation layer; and a film density of the second inorganic encapsulation layer is lower than a film density of the third inorganic encapsulation layer in order to mitigate stress and enhance mechanical flexibility of the display apparatus. Regarding claim 4, the combination Yang and Sung discloses (fig. 2A Yang; fig. 3A Sung) the second inorganic encapsulation layer does not overlap the pixel-defining layer. Regarding claim 5, the combination Yang and Sung discloses (fig. 2A Yang; fig. 3A Sung) the second inorganic encapsulation layer fills the pixel opening. Regarding claim 6, the combination Yang and Sung discloses (fig. 2A Yang; fig. 3A Sung) each of the first inorganic encapsulation layer and the third inorganic encapsulation layer overlaps the pixel opening and the pixel-defining layer. Regarding claims 7-9, Yang as modified by Sung does not expressly disclose a film density of the first inorganic encapsulation layer is in a range of about 2.6 g/cm.sup.3 to about 3.5 g/cm.sup.3; a film density of the second inorganic encapsulation layer is in a range of about 1.6 g/cm.sup.3 to about 2.3 g/cm.sup.3; and a film density of the third inorganic encapsulation layer is in a range of about 2.6 g/cm.sup.3 to about 3.5 g/cm.sup.3. However, Yang as modified by Sung discloses (in at least fig. 2A Yang) a first inorganic encapsulation layer (IOL1; [0079]) located on the upper electrode; a second inorganic encapsulation layer (ILO2; [0079]) located on the first inorganic encapsulation layer and located in the pixel opening; and a third inorganic encapsulation layer (not labeled; [0013]; [0129]) located on the second inorganic encapsulation layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming the density of the encapsulation layers of Yang as modified by Sung in the cited range above through routine experimentation and optimization. Regarding claim 10, Yang as modified by Sung discloses (in at least fig. 2A) each of the first inorganic encapsulation layer (IOL1) and the second inorganic encapsulation layer (IOL2) comprises a silicon element and a nitrogen element ([0084]), but is silent about a ratio of the nitrogen element of the first inorganic encapsulation layer to the silicon element of the first inorganic encapsulation layer is less than a ratio of the nitrogen element of the second inorganic encapsulation layer to the silicon element of the second inorganic encapsulation layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming a ratio of the nitrogen element of the first inorganic encapsulation layer to the silicon element of the first inorganic encapsulation layer is less than a ratio of the nitrogen element of the second inorganic encapsulation layer to the silicon element of the second inorganic encapsulation layer through routine experimentation and optimization. Regarding claim 11, Yang as modified by Sung discloses all the claimed limitations a refractive index of the first inorganic encapsulation layer is greater than a refractive index of the second inorganic encapsulation layer. However, Yang discloses (in at least fig. 2A) a first inorganic encapsulation layer (IOL1) and a second inorganic encapsulation layer (IOL2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to consider forming a refractive index of the first inorganic encapsulation layer of Yang greater than a refractive index of the second inorganic encapsulation layer in order to mitigate stress and enhance mechanical flexibility of the display apparatus. Regarding claim 12, Yang discloses (in at least figs. 1C and 2A) a display apparatus comprising: a substrate (BS); a first light-emitting element (PXA-R), a second light-emitting element (PXA-G), and a third light-emitting element (PXA-B), wherein each of the first light-emitting element ([0058]-[0059]), the second light-emitting element ([0058]-[0059]) and the third light-emitting element ([0058]-[0059]) are located on the substrate and configured to emit light of different colors; and an encapsulation layer (TFE1) located on the first light-emitting element, the second light-emitting element and the third light-emitting element to encapsulate the first light-emitting element, the second light-emitting element and the third light-emitting element (see at least figs. 1C and 2A), wherein the encapsulation layer comprises: a first inorganic encapsulation layer (IOL1; [0079]) located on the first light-emitting element, the second light-emitting element and the third light-emitting element, a second inorganic encapsulation layer (IOL2; [0079]) located on the first inorganic encapsulation layer; a third inorganic encapsulation layer (not labeled; [0013]; [0129]) located on the second inorganic encapsulation layer. Yang does not expressly disclose the second inorganic encapsulation layer having a film density lower than a film density of the first inorganic encapsulation layer, and comprising a first inorganic encapsulation pattern overlapping the first light-emitting element, a second inorganic encapsulation pattern overlapping the second light-emitting element, and a third inorganic encapsulation pattern overlapping the third light-emitting element; wherein the first inorganic encapsulation pattern, the second inorganic encapsulation pattern, and the third inorganic encapsulation pattern are spaced apart from each other. Sung in the same field of a display device discloses (in at least fig. 3A) a second encapsulation layer (Enp) comprising a first encapsulation pattern (SC1, SC2) overlapping the first light-emitting element (OEL), a second encapsulation pattern (SC1, SC2) overlapping the second light-emitting element, and a third encapsulation pattern (SC1, SC2) overlapping the third light-emitting element; wherein the first encapsulation pattern, the second encapsulation pattern, and the third encapsulation pattern are spaced apart from each other (see fig. 3A) in order to block a foreign substance such as oxygen or moisture, from entering into the display device and reducing formation of a crack caused by an external impact (col. 1, lines 36-39). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the display device of Yang with the second encapsulation layer patterns of Sung in order to block a foreign substance such as oxygen or moisture, from entering into the display device and reducing formation of a crack caused by an external impact (col. 1, lines 36-39). Also, one of ordinary skill in the art would consider forming the second inorganic encapsulation layer of Yang having a film density lower than a film density of the first inorganic encapsulation layer to mitigate stress and enhance mechanical flexibility to the display apparatus. Regarding claim 13, the combination of Yang as modified by Sung discloses (in at least figs. 1C and 2A Yang; fig. 3A Sung) each of the first light-emitting element (PXA-R), the second light-emitting element (PXA-G) and the third light-emitting element (PXA-B) comprises a lower electrode (AE), an emission layer (EML) located on the lower electrode, and an upper electrode (CE) located on the emission layer, wherein the display apparatus further comprises a pixel-defining layer (PDL) comprising a first pixel opening through which a part of the lower electrode of the first light-emitting element is exposed (see at least fig. 2A), a second pixel opening through which a part of the lower electrode of the second light-emitting element is exposed (as evident by at least fig. 2A), and a third pixel opening through which a part of the lower electrode of the third light-emitting element is exposed (as evident by at least fig. 2A), wherein the first inorganic encapsulation pattern (IOL1, SC1, SC2) is located in the first pixel opening, the second inorganic encapsulation pattern (IOL2, SC1, SC2) is located in the second pixel opening, and the third inorganic encapsulation pattern (not labeled; [0013]; [0129] Yang; SC1, SC2) is located in the third pixel opening. Regarding claim 14, the combination of Yang as modified by Sung discloses (in at least figs. 1C and 2A Yang; fig. 3A Sung) each of the first inorganic encapsulation pattern, the second inorganic encapsulation pattern and the third inorganic encapsulation pattern do not overlap the pixel-defining layer. Regarding claim 15, the combination of Yang as modified by Sung discloses (in at least figs. 1C and 2A Yang; fig. 3A Sung) the third inorganic encapsulation layer (not labeled; [0013]; [0129]; SC1, SC2) is spaced apart from the first inorganic encapsulation layer (IOL1) in an area overlapping the first pixel opening, the second pixel opening and the third pixel opening and is located directly on the first inorganic encapsulation layer in an area overlapping the pixel-defining layer (see at least fig. 2 A Yang; fig. 3A Sung). Regarding claim 16, Yang as modified by Sung discloses (in at least figs. 1C and 2A Yang; fig. 3A Sung) each of the first inorganic encapsulation layer (IOL1) and the third inorganic encapsulation layer (not labeled for Yang; see [0013]; [0129]; and IOL2 of Sung) overlap the first pixel opening, the second pixel opening and the third pixel opening and the pixel-defining layer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELMITO BREVAL whose telephone number is (571)270-3099. The examiner can normally be reached M-Th~ 7:30-5:30. 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, James R. Greece can be reached at 571-272-3711. 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. ELMITO BREVAL Primary Examiner Art Unit 2875 /ELMITO BREVAL/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Oct 23, 2024
Application Filed
Aug 27, 2026
Non-Final Rejection mailed — §103 (current)

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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
77%
Grant Probability
87%
With Interview (+10.7%)
2y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1416 resolved cases by this examiner. Grant probability derived from career allowance rate.

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