Prosecution Insights
Last updated: October 02, 2026
Application No. 18/939,245

DISPLAY DEVICE

Non-Final OA §102§103
Filed
Nov 06, 2024
Priority
Feb 16, 2024 — RE 10-2024-0022497
Examiner
SANTIAGO, MARICELI
Art Unit
Tech Center
Assignee
LG Display Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
847 granted / 1045 resolved
+21.1% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
1062
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
37.0%
-3.0% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1045 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 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. Claim(s) 1, 2, 4, 7, 9-11, 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et al. (US 2022/0085334 A1). Regarding claim 1, Oh discloses a display device comprising: a first substrate (110) on which a plurality of subpixels (PX1-PX3) is defined, the plurality of subpixels including a red subpixel and a green subpixel (¶[0072]); a plurality of blue light-emitting elements (ED1, ED2. ED3, ¶[0182]) respectively disposed on the plurality of subpixels; a plurality of color conversion layers (341, 343) disposed on the plurality of blue light-emitting elements in the red subpixel and the green subpixel; a plurality of color filters (331, 333) disposed on the plurality of color conversion layers in the red subpixel and the green subpixel; a second substrate (310) disposed on the plurality of color filters; and a first transmittance adjustment layer (BM1) disposed below the second substrate and configured to surround the plurality of color filters (341, 343), wherein the first transmittance adjustment layer comprises: a first layer (BM1a) disposed below the second substrate; and a second layer (BM1b) disposed below the first layer of the first transmittance adjustment layer, and having a lower transmittance than the first layer of the first transmittance adjustment layer (¶[0114-0115]). Regarding claim 2, Oh discloses a display device wherein a width of a cross-section of the first layer (BM1a) of the first transmittance adjustment layer decreases as a distance of the cross-section from the second substrate increases (Fig. 5). Regarding claim 4, Oh discloses a display device wherein an area of a bottom surface of the first layer (BM1a) of the first transmittance adjustment layer is larger than an area of a top surface of the second layer (BM1b) of the first transmittance adjustment layer, and wherein the second layer (BM1b) of the first transmittance adjustment layer is disposed to be close to one side of an end of the bottom surface of the first layer (BM1a) of the first transmittance adjustment layer (Fig. 5). Regarding claim 7, Oh discloses a display device wherein the second layer of the first transmittance adjustment layer includes a black material (¶[0116]). Regarding claim 9, Oh discloses a display device further comprising: a first transparent layer (345, ¶[0159]) disposed, in a blue subpixel (PX3) among the plurality of subpixels, on the plurality of blue light-emitting elements while corresponding to the color conversion layer; and a second transparent layer (335) disposed, in the blue subpixel, on the first transparent layer (335, ¶[0124]) while corresponding to the plurality of color filters. Regarding claim 10, Oh discloses a display device further comprising: a second transmittance adjustment layer (BM1) disposed below the second substrate while corresponding to the first transmittance adjustment layer, the second transmittance adjustment layer (BM1) being configured to surround the second transparent layer (335, Fig. 5). Regarding claim 11, Oh discloses a display device wherein the second transmittance adjustment layer (BM1) comprises: a first layer (BM1a) disposed below the second substrate; and a second layer (BM1b) disposed below the first layer of the second transmittance adjustment layer and having a lower transmittance than the first layer of the second transmittance adjustment layer (¶[0114-0115]). Regarding claim 14, Oh discloses a display device wherein the second layer of the first transmittance adjustment layer includes a black material (¶[0116]). Regarding claim 15, Oh discloses a display device wherein an area of a bottom surface of the first layer (BM1a) of the second transmittance adjustment layer is larger than an area of a top surface of the second layer (BM1b) of the second transmittance adjustment layer, and wherein the second layer (BM1b) of the second transmittance adjustment layer is disposed to be close to one side of an end of the bottom surface of the first layer (BM1a) of the second transmittance adjustment layer (Fig. 5). 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) 1-5, 7, 9-11 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2024/0155908 A1) in view of Oh et al. (US 2022/0085334 A1). Regarding claim 1, Zhang discloses a display device comprising: a first substrate (102) on which a plurality of subpixels (Fig. 4) is defined, the plurality of subpixels including a red subpixel and a green subpixel (¶[0040]); a plurality of light-emitting elements (103, Fig. 4) respectively disposed on the plurality of subpixels; a plurality of color filters (104) disposed on the plurality of color conversion layers in the red subpixel and the green subpixel (¶[0040]); a second substrate (Fig. 4) disposed on the plurality of color filters; and a first transmittance adjustment layer (106/107) disposed below the second substrate and configured to surround the plurality of color filters (104), wherein the first transmittance adjustment layer comprises: a first layer (104) disposed below the second substrate; and a second layer (113) disposed below the first layer of the first transmittance adjustment layer, and having a lower transmittance than the first layer of the first transmittance adjustment layer (¶[0042-0043,0063]). Zhang fails to exemplify wherein the plurality of light-emitting elements are blue and a plurality of color conversion layers disposed on the plurality of blue light-emitting elements in the red subpixel and the green subpixel. Oh discloses a display device comprising: a first substrate (110) on which a plurality of subpixels (PX1-PX3) is defined, the plurality of subpixels including a red subpixel and a green subpixel (¶[0072]); a plurality of blue light-emitting elements (ED1, ED2. ED3, ¶[0182]) respectively disposed on the plurality of subpixels; a plurality of color conversion layers (341, 343) disposed on the plurality of blue light-emitting elements in the red subpixel and the green subpixel; a plurality of color filters (331, 333) disposed on the plurality of color conversion layers in the red subpixel and the green subpixel; a second substrate (310) disposed on the plurality of color filters, the color conversion layers provides color conversion of the blue light emission to red and green light emissions. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to incorporate blue light-emitting elements and color conversion layers as disclosed by Oh in the display device of Zhang in order to provide conversion of the blue light emission to red and green light emissions. Regarding claim 2, Zhang discloses a display device wherein a width of a cross-section of the first layer (106/107) of the first transmittance adjustment layer decreases as a distance of the cross-section from the second substrate increases (Fig. 6). Regarding claim 3, Zhang discloses a display device wherein an area of a bottom surface of the first layer (106/107) of the first transmittance adjustment layer is equal to an area of a top surface of the second layer (113) of the first transmittance adjustment layer (Fig. 6). Regarding claim 4, Zhang discloses a display device wherein an area of a bottom surface of the first layer (106/107) of the first transmittance adjustment layer is larger than an area of a top surface of the second layer (113) of the first transmittance adjustment layer, and wherein the second layer (113) of the first transmittance adjustment layer is disposed to be close to one side of an end of the bottom surface of the first layer (106/107) of the first transmittance adjustment layer (Fig. 6). Regarding claim 5, Zhang fails to exemplify wherein a transmittance of the first layer of the first transmittance adjustment layer is 70%. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a transmittance of the first layer of the first transmittance adjustment layer being 70%, since optimization of workable ranges is considered within the skill of the art. Regarding claim 7, Zhang discloses a display device wherein the second layer of the first transmittance adjustment layer includes a black material (¶[0063]). Regarding claim 9, Zhang fails to disclose a first transparent layer disposed, in a blue subpixel among the plurality of subpixels, on the plurality of blue light-emitting elements while corresponding to the color conversion layer; and a second transparent layer disposed, in the blue subpixel, on the first transparent layer while corresponding to the plurality of color filters Oh discloses a display device further comprising: a first transparent layer (345, ¶[0159]) disposed, in a blue subpixel (PX3) among the plurality of subpixels, on the plurality of blue light-emitting elements while corresponding to the color conversion layer; and a second transparent layer (335) disposed, in the blue subpixel, on the first transparent layer (335, ¶[0124]) while corresponding to the plurality of color filters. One skilled in the art would have reasonably contemplate providing the transparent layers overlapping the blue pixel in order to allow blue light emission, within the blue emitting pixel, to pass through the pixel area to the outside, as an obvious matter of design engineering. Thus, it would have been obvious to one of ordinary skill in the art at the time of effective filling of the claimed invention to incorporate the first and second transparent layers as disclosed by Oh in the display device of Zhang in order to allow blue light emission, within the blue emitting pixel, to pass through the pixel area to the outside. Regarding claim 10, Zhang in view of Oh discloses a display device further comprising: a second transmittance adjustment layer (106/107) disposed below the second substrate while corresponding to the first transmittance adjustment layer, the second transmittance adjustment layer (106/107) being configured to surround the second transparent layer (Fig. 6 of Zhang). Regarding claim 11, Zhang discloses a display device wherein the second transmittance adjustment layer comprises: a first layer (106/107) disposed below the second substrate; and a second layer (113) disposed below the first layer of the second transmittance adjustment layer and having a lower transmittance than the first layer of the second transmittance adjustment layer (¶[0042-0043,0063]). Regarding claim 13, Zhang discloses a display device wherein the second layer of the second transmittance adjustment layer includes a black material (¶[0063]), but fails to exemplify wherein a transmittance of the first layer of the second transmittance adjustment layer is 70%. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide a transmittance of the first layer of the first transmittance adjustment layer being 70%, since optimization of workable ranges is considered within the skill of the art. Regarding claim 14, Zhang discloses a display device wherein the second layer of the first transmittance adjustment layer includes a black material (¶[0063]). Regarding claim 15, Zhang discloses a display device wherein an area of a bottom surface of the first layer (106/107) of the second transmittance adjustment layer is larger than an area of a top surface of the second layer (113) of the second transmittance adjustment layer, and wherein the second layer (113) of the second transmittance adjustment layer is disposed to be close to one side of an end of the bottom surface of the first layer (106/107) of the second transmittance adjustment layer (Fig. 6). Allowable Subject Matter Claims 6, 8 and 12 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: Regarding claim(s) 6, the references of the Prior Art of record fails to teach or suggest the combination of the limitations as set forth in claim(s) 6, and specifically comprising the limitation of an end of a top surface of the first layer of the first transmittance adjustment layer is positioned at a position corresponding to an inclination angle of 45 degrees from a center of the corresponding one of the plurality of blue light-emitting elements, the center of the blue light-emitting element is the center of a light-emitting layer of the blue light-emitting element, and the inclination angle of 45 degrees is an inclination angle of a vertex being the center, formed with a normal that passes through the center perpendicularly to the light-emitting layer of the blue light-emitting element. Regarding claim(s) 8, the references of the Prior Art of record fails to teach or suggest the combination of the limitations as set forth in claim(s) 8, and specifically comprising the limitation of an end of a top surface of the second layer of the first transmittance adjustment layer is disposed at a position corresponding to an inclination angle of 60 degrees from a center of the corresponding one of the plurality of blue light-emitting elements, the center of the blue light-emitting element is the center of a light-emitting layer of the blue light-emitting element, and the inclination angle of 60 degrees is an inclination angle of a vertex being the center, formed with a normal that passes through the center perpendicularly to the light-emitting layer of the blue light-emitting element. Regarding claim(s) 12, the references of the Prior Art of record fails to teach or suggest the combination of the limitations as set forth in claim(s) 12, and specifically comprising the limitation of an end of a top surface of the first layer of the second transmittance adjustment layer is disposed at a position corresponding to an inclination angle of 60 degrees from a center of the corresponding one of the plurality of blue light-emitting elements, the center of the blue light-emitting element is the center of a light-emitting layer of the blue light-emitting element, and the inclination angle of 60 degrees is an inclination angle of a vertex being the center, formed with a normal that passes through the center perpendicularly to the light-emitting layer of the blue light-emitting element. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 2020/0257162 A1) discloses a display panel including an upper display substrate and a lower display substrate, the upper display substrate including a base substrate, a light shielding pattern, and including an opening part defined therein which corresponds to the pixel region, a color filter overlapped with the pixel region, a partition wall, overlapped with the light shielding region, and including a partition wall opening part defined therein which corresponds to the pixel region, and a quantum dot layer disposed inside the partition wall opening part. The rejections above rely on the references for all the teachings expressed in the text of the references and/or one of ordinary skill in the art would have reasonably understood or implied from the texts of the references. To emphasize certain aspects of the prior art, only specific portions of the texts have been pointed out. Each reference as a whole should be reviewed in responding to the rejection, since other sections of the same reference and/or various combinations of the cited references may be relied on in future rejections in view of amendments. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mariceli Santiago whose telephone number is (571) 272-2464. The examiner can normally be reached on Monday-Friday from 8:00 AM to 4:00 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, James R. Greece, can be reached on (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. /Mariceli Santiago/Primary Examiner, Art Unit 2879
Read full office action

Prosecution Timeline

Nov 06, 2024
Application Filed
Sep 17, 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
81%
Grant Probability
89%
With Interview (+8.2%)
2y 3m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1045 resolved cases by this examiner. Grant probability derived from career allowance rate.

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