Prosecution Insights
Last updated: October 27, 2026
Application No. 18/943,704

DISPLAY DEVICE

Non-Final OA §103
Filed
Nov 11, 2024
Priority
Apr 16, 2024 — RE 10-2024-0050729
Examiner
BREVAL, ELMITO
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
1096 granted / 1427 resolved
+8.8% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
37 currently pending
Career history
1477
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
28.3%
-11.7% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1427 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 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) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bae et al. (US. Pub: 20190348482 A1~hereinafter “Bae”) in view of Choung et al. (US. Pub: 2023/0061457 A1~hereinafter “Choung”). Regarding claim 1, Bae discloses (in at least figs. 6-8) a display device comprising: a substrate (100) comprising a display area, and a non-display area around the display area (see at least fig. 6); a passivation layer (170) above the substrate; a light-emitting element (220) above the passivation layer; a pixel-defining layer (180) above the passivation layer in the display area and the non-display area, and comprising: a first inorganic layer (181; [0062]) above the substrate, a second inorganic layer (182; [0059]-[0061]) above the first inorganic layer, and a third inorganic layer (183; [0076]) above the second inorganic layer, in the display area; and the first inorganic layer (181) and the second inorganic layer (182), in the non-display area; a first bank (190) above the pixel-defining layer (180). Bae does not expressly disclose a second bank above the first bank, and extending further than a side of the first bank. Choung discloses (in at least fig. 1) a display device comprised of, in part, a bank layer (110) that is formed on top a pixel defining layer (126) that extends in the display region; wherein the bank layer (110) comprises a first bank layer (110A) above the pixel-defining layer; and a second bank (110B) above the first bank, and extending further than a side of the first bank (see fig. 1). 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 Bae with the teaching of Choung for the benefit of providing suitable protection to the display device against external pressure. Regarding claim 2, Bae discloses (in at least fig. 6) in at least a portion of the non-display area, the second inorganic layer (182) is uncovered by the third inorganic layer (183). Regarding claim 3, the combination of Bae and Choung discloses (in at least fig. 6 Bae; fig. 1 Choung) a side of the third inorganic layer (183) that faces the non-display area extends further than, or is aligned with, a side of the second bank (110B) that faces the non-display area. Regarding claim 4, Bae discloses (in at least figs. 6-8) the pixel-defining layer (180) is on an upper surface and a side of the passivation layer (170). Regarding claim 5, Bae as modified by Choung does not expressly disclose an angle between a lower surface and the side of the passivation layer is less than about 90°. However, Bae discloses (in at least fig. 6) an angle between a lower surface and the side of the passivation layer that appears to be greater than 90°. One of ordinary skill in the art would have been led to the recited angle through design choice. Applicant has not disclosed that the recited angle is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using the angle of Bae. Regarding claim 6, Bae discloses (in at least figs. 6-8) the pixel-defining layer (180) comprises a first portion (181) at a first height above the substrate (100), a second portion (182) at a second height above the substrate, and a third portion (183) at a third height above the substrate, wherein the first height is greater than the second height and the third height (see fig. 6), and wherein the first portion (181), the second portion (182), and the third portion (183) of the pixel-defining layer (180) are sequentially arranged in a longitudinal direction of the substrate (see fig. 6). Bae does not expressly disclose the second height is greater than the third height. One of ordinary skill in the art would have been led to the recited second height through design choice. Applicant has not disclosed that the recited second height is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using the second height of Bae. Regarding claim 7, Bae discloses (in at least figs. 6-8) the passivation layer (170) extends in the display area and the non-display area. Regarding claim 8, Bae as modified by Choung does not expressly disclose a thickness of the first inorganic layer is less than a thickness of the second inorganic layer. However, Bae discloses (in at least figs. 6-8; [0059]; [0078]) a thickness (t1) of the first inorganic layer (181) is greater than a thickness (t2) of the second inorganic layer (182). One of ordinary skill in the art would have been led to the recited thickness through design choice. Applicant has not disclosed that the recited thickness is for a particular unobvious purpose, produces an unexpected result, or is otherwise critical, and it appears prima facie that the process would possess utility using thickness of Bae. Indeed, it has been held that mere thickness limitations are prima facie obvious absent a disclosure that the limitations are for a particular unobvious purpose, produces an unexpected result, or are otherwise critical. Regarding claim 9, Bae as modified by Choung does not expressly disclose a thickness of the first inorganic layer is less than a thickness of a pixel electrode of the light-emitting element. However, Bae discloses (in at least fig. 6) a pixel electrode (210), and a first inorganic layer (181) with a thickness (t1). 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 thickness of the first inorganic layer less than a thickness of pixel electrode of the light-emitting element through routine experimentation. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Regarding claim 10, Bae discloses (in at least fig. 6) the second inorganic layer (182) comprises a first side facing a side of the pixel electrode (210), and a second side extending further than the first side. Regarding claim 11, Bae discloses (in at least fig. 6; [0061]-[0062]; [0076]) the second inorganic layer (182) comprises a different material from the first inorganic layer (181) and the third inorganic layer (183). Regarding claim 12, Bae discloses (in at least fig. 6; [0061]-[0062]; [0076]) the first inorganic layer (181) and the third inorganic layer (183) comprise silicon nitride, and wherein the second inorganic layer comprises one or more of silicon oxynitride or silicon oxide. Regarding claim 13, Bae discloses (in at least fig. 6; [0051]) the passivation layer (170) comprises one or more of an acrylic resin, an epoxy resin, a phenolic resin, a polyamide resin, or a polyimide resin. Regarding claim 14, Bae discloses (in at least fig. 6) in the display area, the pixel-defining layer (180) comprises a side extending further than the side of the first bank (190). Regarding claim 15, Bae discloses (in at least fig. 6) a residual pattern at an edge of a pixel electrode (210) of the light-emitting element, below the pixel-defining layer (180). Regarding claim 16, Bae discloses (in at least fig. 6) the light-emitting element comprises a pixel electrode (210) above the passivation layer (170), a light-emitting layer (222) above the pixel electrode, and a common electrode (223) above the light-emitting layer and contacting the first bank (190). Regarding claim 17, Bae discloses (in at least fig. 6) a first inorganic pattern (310) above the light-emitting element (222) in the display area; and a second inorganic pattern (320) above the pixel-defining layer (170) in the non-display area, and spaced apart from the first inorganic pattern. Regarding claim 18, the combination of Bae and Choung discloses (in at least fig. 6 Bae; fig. 1 Choung) the first inorganic pattern (116) is below a lower surface of the second bank (110B). Regarding claim 19, Bae discloses (in at least fig. 6-8) a display device comprising: a light-emitting element (222R, 222G) above a substrate (100); a pixel-defining layer (180) above the substrate, comprising a first inorganic layer (181; [0061]) above the substrate, a second inorganic layer (182; [0062]) above the first inorganic layer, and a third inorganic layer (183; [0076]) above the second inorganic layer; a first bank (190) above the pixel-defining layer (180); and wherein the third inorganic layer (183) has different respective thicknesses in an area overlapping the first bank (190) and in an area non-overlapping with the first bank. Bae does not expressly disclose a second bank above the first bank, and extending further than a side of the first bank. Choung discloses (in at least fig. 1) a display device comprised of, in part, a bank layer (110) that is formed on top a pixel defining layer (126) that extends in the display region; wherein the bank layer (110) comprises a first bank layer (110A) above the pixel-defining layer; and a second bank (110B) above the first bank, and extending further than a side of the first bank (see fig. 1). 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 Bae with the teaching of Choung for the benefit of providing suitable protection to the display device against external pressure. Regarding claim 20, Bae discloses (in at least fig. 6) the thickness of the third inorganic layer (183) in the area overlapping the first bank (190) is greater than the thickness of the third inorganic layer (183) in the area non-overlapping with the first bank. Regarding claim 21, Bae discloses (in at least fig. 6) an electronic device comprising: a display device comprising a substrate (100) comprising a display area, and a non-display area around the display area (see at least fig. 6); a passivation layer (170) above the substrate; a light-emitting element (220R, 220G) above the passivation layer; a pixel-defining layer (180) above the passivation layer (170) in the display area and the non-display area, and comprising: a first inorganic layer (181; [0061]) above the substrate, a second inorganic layer (182; [0061]-[0062) above the first inorganic layer, and a third inorganic layer (183) above the second inorganic layer, in the display area; and the first inorganic layer (181) and the second inorganic layer (182), in the non-display area; a first bank (190) above the pixel-defining layer (180). Bae does not expressly disclose a second bank above the first bank, and extending further than a side of the first bank. Choung discloses (in at least fig. 1) a display device comprised of, in part, a bank layer (110) that is formed on top a pixel defining layer (126) that extends in the display region; wherein the bank layer (110) comprises a first bank layer (110A) above the pixel-defining layer; and a second bank (110B) above the first bank, and extending further than a side of the first bank (see fig. 1). 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 Bae with the teaching of Choung for the benefit of providing suitable protection to the display device against external pressure. 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

Nov 11, 2024
Application Filed
Oct 15, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12772703
DISPLAY SUBSTRATE AND DISPLAY APPARATUS
3y 2m to grant Granted Oct 20, 2026
Patent 12772626
DISPLAY DEVICE AND METHOD OF MANUFACTURING THE SAME
3y 3m to grant Granted Oct 20, 2026
Patent 12772914
DISPLAY PANEL AND DISPLAY DEVICE
2y 4m to grant Granted Oct 20, 2026
Patent 12765173
LIGHT EMITTING DISPLAY APPARATUS
3y 11m to grant Granted Oct 13, 2026
Patent 12765149
DISPLAY DEVICE, MANUFACTURING METHOD THEREOF AND MANUFACTURING EQUIPMENT FOR FORMING THE SAME
3y 4m to grant Granted Oct 13, 2026
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
88%
With Interview (+10.7%)
2y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1427 resolved cases by this examiner. Grant probability derived from career allowance rate.

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