Prosecution Insights
Last updated: April 19, 2026
Application No. 19/237,468

TOUCH PEN, DISPLAY DEVICE AND ELECTRONIC DEVICE HAVING DISPLAY DEVICE

Non-Final OA §103
Filed
Jun 13, 2025
Examiner
YANG, NAN-YING
Art Unit
2629
Tech Center
2600 — Communications
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
86%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allow Rate
629 granted / 815 resolved
+15.2% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
16 currently pending
Career history
831
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
74.1%
+34.1% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
7.7%
-32.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 815 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/13/2025 is being considered by the examiner. Election/Restrictions Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/11/2026. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hata et al. (US. Pub. No. 2013/0027355, hereinafter “Hata”) in view of Song et al. (US. Pub. No. 2011/0148820, hereinafter “Song”). As to claim 11, (Original) Hata discloses a display device [figure 1, input display device 1] comprising: a display panel [figures 1 and 2, display panel 3 comprising a plurality of light sensors Sei that senses light irradiated from a touch pen 2, paragraph 24, a plurality of first light sensor circuits (including SEi) arranged in a matrix manner] comprising a plurality of light sensors that sense light irradiated from a touch pen [paragraph 26, the light pen 2 includes a battery 7 provided in the middle of the light pen 2, the control substrate 5 provided on the pen's rear side of the battery 7, the LED and the photodiode PD provided on the pen tip side of the battery 7, and the pressure element PIE provided at the pen tip. The input display device 1 is arranged such that (i) the pressure element PIE detects pressure between the tip of the light pen 2 and a surface of the light sensor touch panel 6, (ii) the first light sensor circuits SEi of the light sensor touch panel 6 detect light emitted from the LED]; a readout circuit [figure 1, SD and DCS to receive sensing signals from SEi through readout lines OUT, out] configured to receive sensing signals from the plurality of light sensors through readout lines and to generate sensing data based on the sensing signals [paragraph 29, The display control circuit DCS generates, on the basis of the result of detection of only the light emitted from the LED, display data corresponding to user's input, and then supplies the display data to the source driver SD]; and a touch processor [figure 1, DCS] configured to generate touch information based on the sensing data [paragraph 29, The display control circuit DCS generates, on the basis of the result of detection of only the light emitted from the LED, display data corresponding to user's input, and then supplies the display data to the source driver SD]. Hata does not expressly disclose wherein the display panel is configured to determine whether the touch pen touches the display panel based on characteristics of the light. Song teaches a display device wherein a display panel is configured to determine whether a touch object touches the display panel based on characteristics of light [figure 10, determine whether a touch is made (S30) on the display panel based on characteristics of light (S20), paragraphs 91-92]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the display device of Hata to determine whether the touch pen touches the display panel based on characteristics of the light, as taught by Song, in order to minimize pressure required to be applied to the touch screen (Song, paragraph 12). As to claim 12, (Original) Hata, as modified by Song, discloses the display device of claim 11, wherein the touch processor comprises: a sensing value storage unit configured to store the sensing data [Song, paragraph 63, The sensed light quantities along pixels are transferred to the touch controller 700 for processing/storage]; a light irradiation area determination unit configured to determine a light irradiation area based on the sensing data stored in the sensing value storage unit [Song, figure 10, sense a light quantity of a region with camera sensors, paragraph 97, determine whether the touch is made to the region or not, and to determine the touched point]; a light characteristic detection unit configured to generate a light characteristic signal, based on the light irradiation area and the sensing data [Song, figure 10, detect the light at each sensor region and generate light quantity signal based on each sensor region]; and a touch information generation unit configured to generate the touch information, based on the light irradiation area and the light characteristic signal [Song, figure 10, determine a touch is made and detect relevant coordinates based on the light characteristic signal from previous steps]. In addition, the same rationale is used as in rejection for claim 11. As to claim 13, (Original) Hata, as modified by Song, discloses the display device of claim 12, wherein the light irradiation area determination unit is configured to receive an intensity of light sensed from a light sensor corresponding to a first position, and is configured to determine whether the first position is in the light irradiation area, based on whether the intensity of the sensed light is equal to or greater than a first reference value [Song, figure 10, receive light quantity (intensity) sensed of a region with camera sensors, compare the light quantity with the upper threshold level S50]. In addition, the same rationale is used as in rejection for claim 11. As to claim 14, (Original) Hata, as modified by Song, discloses the display device of claim 13, wherein the light characteristic detection unit is configured to analyze characteristics of light irradiated in the light irradiation area [Song, figure 10, analyze the light quantity of a region with camera sensors], and wherein the touch information generation unit is configured to determine whether the touch pen touches the display panel, based on a result of the analysis [Song, figure 10, a touch is made when the light quantity is smaller than the lower threshold level]. In addition, the same rationale is used as in rejection for claim 11. As to claim 15, (Original) Hata, as modified by Song, discloses the display device of claim 14, wherein the light characteristic detection unit is configured to generate light characteristic information comprising information relating to the intensity of the light irradiated in the light irradiation area [Song, figure 10, sense a light quantity of a region with camera sensors], and wherein the touch information generation unit is configured to determine that the touch pen touches the light irradiation area based on the intensity of the light being equal to or greater than a second reference value, and is configured to determine that the touch pen does not touch the light irradiation area based on the intensity of the light being less than the second reference value [Song, figure 10, a touch is made when light quantity is the light quantity sensed greater than the upper threshold level, no touch is made when light quantity is the light quantity sensed less than the upper threshold level]. In addition, the same rationale is used as in rejection for claim 11. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hata in view of Ryu et al. (US. Pub. No. 2015/0145907, hereinafter “Ryu”), further in view of Song. As to claim 20, (Original) Hata discloses an electronic device [figure 1, electronic device 1] comprising: a control circuit [figure 1, display control circuit DCS to provide input image data] configured to provide input image data; and a display device [figure 1, a display device 3 to display an image based on the input image data] configured to display an image based on the input image data, wherein the display device comprises: a display panel [figures 1 and 2, display panel 3 comprising a plurality of light sensors Sei that senses light irradiated from a touch pen 2, paragraph 24, a plurality of first light sensor circuits (including SEi) arranged in a matrix manner] comprising a plurality of light sensors configured to sense light irradiated from a touch pen [paragraph 26, the light pen 2 includes a battery 7 provided in the middle of the light pen 2, the control substrate 5 provided on the pen's rear side of the battery 7, the LED and the photodiode PD provided on the pen tip side of the battery 7, and the pressure element PIE provided at the pen tip. The input display device 1 is arranged such that (i) the pressure element PIE detects pressure between the tip of the light pen 2 and a surface of the light sensor touch panel 6, (ii) the first light sensor circuits SEi of the light sensor touch panel 6 detect light emitted from the LED]; a readout circuit [figure 1, SD and DCS to receive sensing signals from SEi through readout lines OUT, out] configured to receive sensing signals from the plurality of light sensors through readout lines and to generate sensing data based on the sensing signals [paragraph 29, The display control circuit DCS generates, on the basis of the result of detection of only the light emitted from the LED, display data corresponding to user's input, and then supplies the display data to the source driver SD]; and a touch processor [figure 1, DCS] configured to generate touch information based on the sensing data [paragraph 29, The display control circuit DCS generates, on the basis of the result of detection of only the light emitted from the LED, display data corresponding to user's input, and then supplies the display data to the source driver SD]. Hata does not expressly disclose a processor configured to provide input image data; wherein the display device is configured to determine whether the touch pen touches the display panel based on characteristics of the light. Ryu teaches a processor configured to provide input image data [paragraph 56, an image data processor that realigns the input image data received from the receiver so as to be suitable for the panel]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the display device of Hata to include a processor to provide input image data, as taught by Ryu, since it is applying a known technique to a known device ready for improvement to yield predictable results. Hata, as modified by Ryu, does not expressly disclose wherein the display device is configured to determine whether the touch pen touches the display panel based on characteristics of the light. Song teaches a display device wherein a display panel is configured to determine whether a touch object touches the display panel based on characteristics of light [figure 10, determine whether a touch is made (S30) on the display panel based on characteristics of light (S20), paragraphs 91-92]. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified the display device of Hata to determine whether the touch pen touches the display panel based on characteristics of the light, as taught by Song, in order to minimize pressure required to be applied to the touch screen (Song, paragraph 12). Allowable Subject Matter Claims 16-19 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: None of the prior art, made of record, singularly or in combination, teaches or fairly suggests the features presented in the combination limitations of dependent claims 16-19, such as “wherein the light characteristic detection unit is configured to generate light characteristic information comprising information on a blink frequency of the light irradiated in the light irradiation area, and wherein the touch information generation unit is configured to determine that the touch pen touches the light irradiation area based on the blink frequency of the light being equal to or greater than a third reference value, and is configured to determine that the touch pen does not touch the light irradiation area based on the blink frequency of the light being less than the third reference value”, recited by claim 16; “wherein the light characteristic detection unit is configured to generate light characteristic information comprising a code corresponding to a pattern of the light irradiated in the light irradiation area, and wherein the touch information generation unit is configured to determine that the touch pen touches the light irradiation area in response to a determination that the code corresponds to a first code, and is configured to determine that the touch pen does not touch the light irradiation area in response to a determination that the code corresponds to a second code different from the first code”, recited by claim 17; “wherein the light characteristic detection unit is configured to generate light characteristic information comprising information on a position where light of a maximum intensity is irradiated in a light irradiation area, wherein the touch information generation unit is configured to generate a touch position based on the light characteristic information, and wherein the touch information generation unit is configured to determine a tilt value indicating an angle at which the touch pen is inclined, based on a shape of the light irradiation area and the touch position”, recited by claim 18; and “wherein the touch processor is configured to count a number of light sensors in the light irradiation area, determine whether the number of light sensors is equal to or greater than a fourth reference value, and reduce sensitivity of the light sensors in response to the number of light sensors being equal to or greater than the fourth reference value”, recited by claim 19. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US. Pub. No. 2011/0018840 (Fann et al.) is considered as pertinent art as seen in figure 1. US. Pub. No. 2008/0084402 (Tateuchi et al.) is also considered as pertinent art as seen in figure 1. 9Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAN-YING YANG whose telephone number is (571)272-2211. The examiner can normally be reached Monday-Friday, 8am-5pm, EST. 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, BENJAMIN LEE can be reached at (571)272-2963. 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. /NAN-YING YANG/Primary Examiner, Art Unit 2629
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Prosecution Timeline

Jun 13, 2025
Application Filed
Apr 02, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
86%
With Interview (+8.9%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 815 resolved cases by this examiner. Grant probability derived from career allow rate.

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