Prosecution Insights
Last updated: April 19, 2026
Application No. 19/022,626

TOUCH SENSOR, DISPLAY DEVICE INCLUDING THE SAME, AND ELECTRONIC DEVICE INCLUDING THE SAME

Non-Final OA §103
Filed
Jan 15, 2025
Examiner
MCLOONE, PETER D
Art Unit
2621
Tech Center
2600 — Communications
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
To Grant
86%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
481 granted / 581 resolved
+20.8% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
23 currently pending
Career history
604
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
35.8%
-4.2% vs TC avg
§112
3.0%
-37.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 581 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. Claims 1-4, 12-14, and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 20250228080 A1) in view of Oh (US 20180033829 A1). Regarding claim 1, Hou teaches a touch sensor comprising: a touch-sensing area (Figs. 1 and 4, [0052], [0062]-[0063], where there is touch-sensing circuitry in the display area); and a touch non-sensing area around the touch-sensing area (Figs. 4 and 6, [0062]-[0063], [0065]-[0066], where the peripheral area PA comprises touch signal lines connect to the touch electrodes in the display area DA), wherein the touch-sensing area comprises: an interlayer insulating layer (BUF) on an encapsulation layer (EN) (Figs. 1 and 3, [0056], [0061], where the buffer layer is disposed on encapsulating layer EN); a first conductive layer (ML1) on the interlayer insulating layer (Figs. 1 and 3, [0061], where the first touch layer ML1 is disposed adjacent to the touch insulating layer TI); a first organic layer (TI) on the interlayer insulating layer and the first conductive layer (Fig. 3, [0061], [0067], where the touch insulating layer TI is made of an organic material); and a second conductive layer (ML2) on the first organic layer (Fig. 3, [0061], where a second touch layer ML2 is disposed on the touch insulating layer TI). But, Hou does not teach the touch sensor further comprising an inorganic layer on the first organic layer and the second conductive layer. However, this was well known in the art as evidenced by Oh (Fig. 5, [0053]-[0056], where second inorganic encapsulation layer 146 is disposed on touch electrodes 154 and organic encapsulation layer 144). Both Hou and Oh teach touchscreen devices. Hou teaches the use of an inorganic layer IOL disposed beneath the touch sensor but does not teach the use of an inorganic layer on the touch electrodes. Oh teaches embodiments using self-capacitance touch electrodes and does not teach first and second conductive layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an inorganic material over the touch electrodes as taught by Oh into the device of Hou so as to ensure protection against air and moisture (Oh [0056]). Regarding claim 2, the combination of Hou and Oh would show the touch sensor according to claim 1. Oh in the combination further teaches the touch sensor wherein the inorganic layer covers an upper surface and a side surface of the second conductive layer (Fig. 5, [0053]-[0056], where layer 146 covers both top and side surfaces of touch electrode 154). Regarding claim 3, the combination of Hou and Oh would show the touch sensor according to claim 1. Hou further teaches the touch sensor wherein the first organic layer comprises first stepped portions adjacent to the second conductive layer (Figs. 1 and 3, where the layer TI has portions that step up and over the first conductive layer ML1, these portions being adjacent to second conductive layer ML2). Regarding claim 4, the combination of Hou and Oh would show the touch sensor according to claim 1. Oh in the combination further teaches the touch sensor wherein the inorganic layer covers the first stepped portions of the first organic layer. (Fig. 5, [0053]-[0056], where layer 146 overlaps vertically with the touch electrodes beneath it). Regarding claim 12, Hou teaches a display device comprising: a display (Fig. 1, [0056], where there is a display); a touch sensor on the display, the touch sensor comprising a touch-sensing area (Figs. 1 and 4, [0052], [0062]-[0063], where there is touch-sensing circuitry in the display area), and a touch non-sensing area around the touch-sensing area (Figs. 4 and 6, [0062]-[0063], [0065]-[0066], where the peripheral area PA comprises touch signal lines connect to the touch electrodes in the display area DA); and a polarizing layer on the touch sensor (Fig. 3, [0061], where there is a color filter layer on the touch sensor), wherein the touch-sensing area comprises: an interlayer insulating layer (BUF) on an encapsulation layer (EN) of the display (Figs. 1 and 3, [0056], [0061], where the buffer layer is disposed on encapsulating layer EN); a first conductive layer (ML1) on the interlayer insulating layer (Figs. 1 and 3, [0061], where the first touch layer ML1 is disposed adjacent to the touch insulating layer TI); a first organic layer (TI) on the interlayer insulating layer and the first conductive layer (Fig. 3, [0061], [0067], where the touch insulating layer TI is made of an organic material); and a second conductive layer (ML2) on the first organic layer (Fig. 3, [0061], where a second touch layer ML2 is disposed on the touch insulating layer TI). But, Hou does not teach the display device further comprising an inorganic layer on the first organic layer and the second conductive layer. However, this was well known in the art as evidenced by Oh (Fig. 5, [0053]-[0056], where second inorganic encapsulation layer 146 is disposed on touch electrodes 154 and organic encapsulation layer 144). Both Hou and Oh teach touchscreen devices. Hou teaches the use of an inorganic layer IOL disposed beneath the touch sensor but does not teach the use of an inorganic layer on the touch electrodes. Oh teaches embodiments using self-capacitance touch electrodes and does not teach first and second conductive layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an inorganic material over the touch electrodes as taught by Oh into the device of Hou so as to ensure protection against air and moisture (Oh [0056]). Regarding claim 13, the combination of Hou and Oh would show the display device according to claim 12. Oh in the combination further teaches the display device wherein the inorganic layer covers an upper surface and a side surface of the second conductive layer (Fig. 5, [0053]-[0056], where layer 146 covers both top and side surfaces of touch electrode 154). Regarding claim 14, the combination of Hou and Oh would show the display device according to claim 13. Hou further teaches the display device wherein the first organic layer comprises first stepped portions adjacent to the second conductive layer (Figs. 1 and 3, where the layer TI has portions that step up and over the first conductive layer ML1, these portions being adjacent to second conductive layer ML2). Oh in the combination further teaches the display device wherein the inorganic layer covers the first stepped portions of the first organic layer. (Fig. 5, [0053]-[0056], where layer 146 overlaps vertically with the touch electrodes beneath it). Regarding claim 21, Hou teaches an electronic device comprising: a display (Fig. 1, [0056], where there is a display); and a touch sensor on the display, the touch sensor comprising a touch-sensing area (Figs. 1 and 4, [0052], [0062]-[0063], where there is touch-sensing circuitry in the display area), and a touch non-sensing area around the touch-sensing area (Figs. 4 and 6, [0062]-[0063], [0065]-[0066], where the peripheral area PA comprises touch signal lines connect to the touch electrodes in the display area DA), wherein the touch-sensing area comprises: an interlayer insulating layer (BUF) on an encapsulation layer (EN) of the display (Figs. 1 and 3, [0056], [0061], where the buffer layer is disposed on encapsulating layer EN); a first conductive layer (ML1) on the interlayer insulating layer (Figs. 1 and 3, [0061], where the first touch layer ML1 is disposed adjacent to the touch insulating layer TI); a first organic layer (TI) on the interlayer insulating layer and the first conductive layer (Fig. 3, [0061], [0067], where the touch insulating layer TI is made of an organic material); and a second conductive layer (ML2) on the first organic layer (Fig. 3, [0061], where a second touch layer ML2 is disposed on the touch insulating layer TI), and wherein the electronic device is one of a mobile phone, a smart phone, a tablet personal computer, a mobile communication terminal, an electronic notebook, an e- book, a portable multimedia player (PMP), a navigation, an ultra mobile PC, a television, a laptop, a monitor, a billboard, an Internet of Things (loT) device, a smart watch, a watch phone, a glasses-type display, or a head-mounted display (HMD) ([0002], where the device is a flat panel display, often called a monitor or television). But, Hou does not teach the electronic device further comprising an inorganic layer on the first organic layer and the second conductive layer. However, this was well known in the art as evidenced by Oh (Fig. 5, [0053]-[0056], where second inorganic encapsulation layer 146 is disposed on touch electrodes 154 and organic encapsulation layer 144). Both Hou and Oh teach touchscreen devices. Hou teaches the use of an inorganic layer IOL disposed beneath the touch sensor but does not teach the use of an inorganic layer on the touch electrodes. Oh teaches embodiments using self-capacitance touch electrodes and does not teach first and second conductive layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate an inorganic material over the touch electrodes as taught by Oh into the device of Hou so as to ensure protection against air and moisture (Oh [0056]). Regarding claim 22, the combination of Hou and Oh would show the electronic device according to claim 21. Oh in the combination further teaches the electronic device wherein the inorganic layer covers an upper surface and a side surface of the second conductive layer (Fig. 5, [0053]-[0056], where layer 146 covers both top and side surfaces of touch electrode 154). Regarding claim 23, the combination of Hou and Oh would show the touch sensor according to claim 22. Hou further teaches the touch sensor wherein the first organic layer comprises first stepped portions adjacent to the second conductive layer (Figs. 1 and 3, where the layer TI has portions that step up and over the first conductive layer ML1, these portions being adjacent to second conductive layer ML2). Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 20250228080 A1) in view of Oh (US 20180033829 A1) and Park et al. (US 20220109028 A1). Regarding claim 5, the combination of Hou and Oh would show the touch sensor according to claim 1. But, the combination does not teach the touch sensor wherein a thickness of the inorganic layer is about 200 angstroms to about 10000 angstroms. However, this was well known in the art as evidenced by Park (Fig. 13, [0156], where any of the sensing insulating layers may be inorganic and have a thickness of about 1000 to 4000 angstroms). Both Oh and Park teach display devices having inorganic insulating layers. Oh is completely silent with respect to the thickness of the insulating layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the inorganic layer of Oh using some thickness, such as that taught by Park, and such an implementation would have yielded a predictable result. Regarding claim 15, the combination of Hou and Oh would show the display device according to claim 12. But, the combination does not teach the display device wherein a thickness of the inorganic layer is about 200 angstroms to about 10000 angstroms. However, this was well known in the art as evidenced by Park (Fig. 13, [0156], where any of the sensing insulating layers may be inorganic and have a thickness of about 1000 to 4000 angstroms). Both Oh and Park teach display devices having inorganic insulating layers. Oh is completely silent with respect to the thickness of the insulating layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the inorganic layer of Oh using some thickness, such as that taught by Park, and such an implementation would have yielded a predictable result. Claims 6-9 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 20250228080 A1) in view of Oh (US 20180033829 A1) and Jung et al. (US 20200235186 A1, hereafter Jung). Regarding claim 6, the combination of Hou and Oh would show the touch sensor according to claim 1. But, the combination does not teach the touch sensor wherein the inorganic layer has openings that do not overlap with the first conductive layer and the second conductive layer. However, this was well known in the art as evidenced by Jung (Figs. 7B and 8, [0124], [0136], where the layer IS-IL2 has openings that do not overlap with the sensing patterns; [0082], where the layer IS-IL2 includes an inorganic material). Both Oh and Jung teach the use of an inorganic insulating layer for sealing touch electrodes. Oh is silent with respect to the presence of an opening in the inorganic material where the inorganic material does not overlap the touch electrode. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include openings in the organic sealing layer over the touch electrode material to prevent substantial increases in display device thickness (Jung [0134], [0139]). Regarding claim 7, the combination of Hou, Oh, and Jung would show the touch sensor according to claim 6. Oh in the combination further teaches the touch sensor wherein the first organic layer comprises second stepped portions adjacent to the openings (Fig. 5, [0055], where the organic encapsulation layer 146 teaches stepped portions adjacent to the edge of touch electrode 154 in a plane view, where in the combination with Jung this area would be an opening in the organic layer). Regarding claim 8, the combination of Hou, Oh, and Jung would show the touch sensor according to claim 7. Hou in the combination further teaches the touch sensor wherein the touch-sensing area further comprises a second organic layer on the inorganic layer (Fig. 3, [0067], where the overcoat layer OC is made of an organic material). Regarding claim 9, the combination of Hou, Oh, and Jung would show the touch sensor according to claim 8. Hou in the combination further teaches the touch sensor wherein the second organic layer covers the second stepped portions of the first organic layer (Fig. 3, [0067], where the overcoat layer OC covers the entire touch sensor area). Regarding claim 16, the combination of Hou and Oh would show the display device according to claim 12. But, the combination does not teach the display device wherein the inorganic layer has openings that do not overlap with the first conductive layer and the second conductive layer. However, this was well known in the art as evidenced by Jung (Figs. 7B and 8, [0124], [0136], where the layer IS-IL2 has openings that do not overlap with the sensing patterns; [0082], where the layer IS-IL2 includes an inorganic material). Both Oh and Jung teach the use of an inorganic insulating layer for sealing touch electrodes. Oh is silent with respect to the presence of an opening in the inorganic material where the inorganic material does not overlap the touch electrode. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include openings in the organic sealing layer over the touch electrode material to prevent substantial increases in display device thickness (Jung [0134], [0139]). Regarding claim 17, the combination of Hou, Oh, and Jung would show the display device according to claim 16. Oh in the combination further teaches the display device wherein the first organic layer comprises second stepped portions adjacent to the openings (Fig. 5, [0055], where the organic encapsulation layer 146 teaches stepped portions adjacent to the edge of touch electrode 154 in a plane view, where in the combination with Jung this area would be an opening in the organic layer). Regarding claim 18 the combination of Hou, Oh, and Jung would show the display device according to claim 17. Hou in the combination further teaches the display device wherein the touch-sensing area further comprises a second organic layer on the inorganic layer (Fig. 3, [0067], where the overcoat layer OC is made of an organic material), and wherein the second organic layer covers the second stepped portions of the first organic layer (Fig. 3, [0067], where the overcoat layer OC covers the entire touch sensor area). Claims 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 20250228080 A1) in view of Oh (US 20180033829 A1) and Won et al. (US 20200152707 A1, hereafter Won). Regarding claim 11, the combination of Hou and Oh would show the touch sensor according to claim 1. Hou teaches the touch sensor wherein the second conductive layer comprises first touch electrodes along a first direction (Fig. 2, [0059], where there are TE1 arranged in rows), second touch electrodes along a second direction crossing the first direction (Fig. 2, [0059], where there are TE2 in columns), and a first connecting portion connecting the first touch electrodes to each other (Fig. 2, where individual touch electrodes connect via thinner connection portions). But, the combination does not teach the first conductive layer comprises a second connecting portion connecting the second touch electrodes to each other, and one of the second touch electrodes is connected to the second connecting portion through a first contact hole penetrating the first organic layer, and another one of the second touch electrodes is connected to the second connecting portion through a second contact hole penetrating the first organic layer. However, this was well known in the art as evidenced by Won (Fig. 5, [0086]-[0089], where touch-sensing line 154 includes bridges 154b and electrodes 154e connecting via contact hole 150). Both Hou and Won teach touchscreen devices. Hou is silent with respect to the exact configuration by which the row and column touch electrodes are insulated from each other. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use bridges connected via electrodes in contact holes to achieve an array of touch electrodes as taught by Won. Regarding claim 20, the combination of Hou and Oh would show the display device according to claim 12. Hou teaches the display device wherein the second conductive layer comprises: first touch electrodes along a first direction (Fig. 2, [0059], where there are TE1 arranged in rows); second touch electrodes along a second direction crossing the first direction (Fig. 2, [0059], where there are TE2 in columns); and a first connecting portion connecting the first touch electrodes to each other (Fig. 2, where individual touch electrodes connect via thinner connection portions). But, Hou does not explicitly teach the display device wherein the first conductive layer comprises a second connecting portion connecting the second touch electrodes to each other, and wherein one of the second touch electrodes is connected to the second connecting portion through a first contact hole penetrating the first organic layer, and another one of the second touch electrodes is connected to the second connecting portion through a second contact hole penetrating the first organic layer. However, this was well known in the art as evidenced by Won (Fig. 5, [0086]-[0089], where touch-sensing line 154 includes bridges 154b and electrodes 154e connecting via contact hole 150). Both Hou and Won teach touchscreen devices. Hou is silent with respect to the exact configuration by which the row and column touch electrodes are insulated from each other. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use bridges connected via electrodes in contact holes to achieve an array of touch electrodes as taught by Won. Claims 10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hou (US 20250228080 A1) in view of Oh (US 20180033829 A1), Jung et al. (US 20200235186 A1, hereafter Jung), and Kim et al. (US 20230101692 A1). Regarding claim 10, the combination of Hou, Oh, and Jung would show the touch sensor according to claim 8. But, the combination does not explicitly teach the touch sensor wherein the second organic layer has a higher refractive index than that of the first organic layer. However, this was well known in the art as evidenced by Kim (Fig. 6, [0105], where the refractive index of second organic insulating layer OL2 is greater than that of the first organic insulating layer OL1). Both Hou and Kim teach touchscreen devices. Hou is silent with respect to the refractive indices of organic insulating layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select organic material with a specific refractive index so as to control propagation of light in the display (Kim [0119]-[0120]). Regarding claim 19, the combination of Hou, Oh, and Jung would show the display device according to claim 18. But, the combination does not explicitly teach the display device wherein the second organic layer has a higher refractive index than that of the first organic layer. However, this was well known in the art as evidenced by Kim (Fig. 6, [0105], where the refractive index of second organic insulating layer OL2 is greater than that of the first organic insulating layer OL1). Both Hou and Kim teach touchscreen devices. Hou is silent with respect to the refractive indices of organic insulating layers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select organic material with a specific refractive index so as to control propagation of light in the display (Kim [0119]-[0120]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER D MCLOONE whose telephone number is (571)272-4631. The examiner can normally be reached M-F 9 AM - 5 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, LunYi Lao can be reached at 5712727671. 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. /PETER D MCLOONE/Primary Examiner, Art Unit 2621
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Prosecution Timeline

Jan 15, 2025
Application Filed
Jan 03, 2026
Non-Final Rejection — §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
83%
Grant Probability
86%
With Interview (+2.7%)
1y 11m
Median Time to Grant
Low
PTA Risk
Based on 581 resolved cases by this examiner. Grant probability derived from career allow rate.

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