Office Action Predictor
Last updated: April 16, 2026
Application No. 17/928,965

COLOR CONVERSION SOLID STATE DEVICE

Non-Final OA §103
Filed
Dec 01, 2022
Examiner
BREVAL, ELMITO
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Vuereal INC.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
2y 3m
To Grant
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
1052 granted / 1380 resolved
+8.2% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
43 currently pending
Career history
1423
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1380 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/18/2025 has been entered. 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) 1-2, 4-6, 8-10, 12-15, 17-18, 20-24 and 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bibl et al. (US. Pub: 2014/0339495 A1~ hereinafter ‘Bibl’) of record in view of YE et al. (US. Pub: 2017/0315404 A1~ hereinafter “YE”). Regarding claim 1, Bibl discloses (in at least fig. 4C) a solid state device comprising of: a backplane (201; [0052]); a light emitting device (100) on top of the backplane; an opaque or reflective layer (202; [0065]; i.e. the black matrix) covering or blocking undesired light paths from the light emitting device (i.e. the black matrix covers undesired light from the side portions of the light emitting device; see at least fig. 4C); a light distribution layer (320) on top of the light emitting device; and a color conversion layer (110; [0037]; [0068]) on top of the light distribution layer; and a layer (324) on top or a layer (322) underneath of the color conversion layer (110) for encapsulation or heat dissipation. Bibl does not expressly disclose the light distribution layer includes reflective nano-particles that are disposed substantially at a center of the light distribution layer, wherein the reflective nano-particles includes silver nano-particles or silver nano-wire. YE in the same field of a solid state device discloses (in at least figs. 2B, 4-8) a light distribution layer includes reflective nano-particles ([0081]; fig. 2B) that are disposed substantially at a center of the light distribution layer (see fig. 2B; [0059]-[0060]; abstract), wherein the reflective nano-particles includes silver nano-particles or silver nano-wire ([0081]) in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the solid state device of Bibl with the reflective light nano-particles of YE in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). Regarding claim 2, Bibl discloses (in at least fig. 4C) the backplane comprises circuitry ([0052]) to control the said light emitting device. Regarding claim 4, Bibl discloses (in at least fig. 4C) the light emitting device (100) is on top of a reflective layer (312). Regarding claim 5, Bibl discloses (in at least fig. 4C) the light emitting devices (100) are microLED's formed or transferred into a backplane or substrate ([0041]; [0051]). Regarding claims 6 and 18, YE discloses (in at least figs. 2B and 7) reflective nano-particles are inside a polymer ([0076]). Regarding claim 8, Bibl discloses (in at least fig. 4C) the color conversion layer (110) extends over the light distribution layer (320). Regarding claim 9, Bibl discloses (in at least fig. 4C) the color conversion layer (110) is a quantum dot ([0030]). Regarding claim 10, Bibl discloses (in at least fig. 14A) a shape of the light distribution layer (320) is thicker closer to the light emitting device (100). Regarding claim 12, Bibl discloses (in at least fig. 4C) there is a color filter (328) on top of the color conversion layer (110). Regarding claim 13, Bibl discloses (in at least fig. 4C) the light emitting devices are microLED's (100) formed or transferred into the backplane or a substrate ([0041]; [0051]). Regarding claim 14, Bibl discloses (in at least fig. 4C) a method to convert a color of a light emitting device into another color, the method comprising: forming a backplane (201; [0052]); forming a light emitting device (100) on top of the backplane; forming an opaque or reflective layer (202; [0065]; i.e. the black matrix layer) covering or blocking undesired light paths from the light emitting device (see at least fig. 4C); forming a light distribution layer (320) on top of the light emitting device; forming a color conversion layer (110) on top of the light distribution layer; forming a layer (324) on top or a layer (322) underneath of the color conversion layer for encapsulating or heat dissipation; and converting the color of the light emitting device into another color that is different from the original color of the light emitting device ([0037]; [0068]). Bibl does not expressly disclose the light distribution layer includes reflective nano-particles that are disposed substantially at a center of the light distribution layer, wherein the reflective nano-particles includes silver nano-particles or silver nano-wire. YE in the same field of a solid state device discloses (in at least figs. 2B, 4-8) a light distribution layer includes reflective nano-particles ([0081]; fig. 2B) that are disposed substantially at a center of the light distribution layer (see fig. 2B; [0059]-[0060]; abstract), wherein the reflective nano-particles includes silver nano-particles or silver nano-wire ([0081]) in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the solid state device of Bibl with the reflective light nano-particles of YE in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). Regarding claim 15, Bibl discloses (in at least fig. 4C) the backplane comprises circuitry ([0052]) to control the said light emitting device. Regarding claim 17, Bibl discloses (in at least fig. 4C) the light emitting device (100) is on top of a reflective layer (312). Regarding claims 20 and 21, Bibl as modified by does not expressly disclose a concentration of the reflective particles is modulated to extend the lights towards an edge of the light distribution layer; a distribution of the reflective nano-particles can be adjusted to increase the light uniformity by different drying methods as well as different solutions. However, YE discloses (in at least fig. 2B; [0060]) “the light quantity emitted through the unit area of the side surface SS may be about 40% of the light quantity emitted through the unit area of the top surface S1. In this case, the density of the diffusion particles PA dispersed in the second wavelength conversion portion F2 may be about 40% of that of the diffusion particles PA dispersed in the first wavelength conversion portion F1. As described above, when the diffusion particles PA are provided at different densities within the first and second wavelength conversion parts F1 and F2, a degree of the refraction or reflection of the light may be easily controlled by the diffusion particles PA in correspondence with the light quantity of the light provided to the first and second wavelength conversion parts F1 and F2 from the light emitting chip LED.” Accordingly, 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 reflective nano-particles of Bibl as modified YE such that a concentration of the reflective particles is modulated to extend the lights towards an edge of the light distribution layer; and a distribution of the reflective nano-particles can be adjusted to increase the light uniformity by different drying methods as well as different solutions, since it has been held that the selection of a known method based on its suitability for its intended use supported a prima facie obviousness determination. Regarding claim 22, Bibl discloses (in at least fig. 4C) a shape of the light distribution layer (320) is thicker closer to the light emitting device (100). Regarding claim 23, Bibl discloses (in at least fig. 4C) the color conversion layer (110) extends over the light distribution layer (320). Regarding claim 24, Bibl discloses (in at least fig. 4C) the color conversion layer (110) is a quantum dot ([0030]). Regarding claim 26, Bibl discloses (in at least fig. 4C) there is a color filter (328) on top of the color conversion layer (110). Regarding claim 27, Bibl discloses (in at least fig. 4C) an encapsulation layer (324) is used after the color conversion layer (110) to improve the reliability of the layers. Regarding claim 28, Bibl discloses (in at least fig. 4C; [0043; [0051]) the light emitting devices are microLED's formed or transferred into the backplane or a substrate. Claim(s) 1-6, 8-18 and 20-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bibl et al. (US. Pub: 2014/0367633 A1~ hereinafter ‘Bibl’) of record in view of YE et al. (US. Pub: 2017/0315404 A1~ hereinafter “YE”). Regarding claims 1 and 14, Bibl discloses (in at least figs. 1C, 9A and 12-13) a solid state device comprising of: a backplane (102; [0060]); a light emitting device (400) on top of the backplane; an opaque or reflective layer (202; [0065]; i.e. the black matrix layer) covering or blocking undesired light paths from the light emitting device; a light distribution layer (320) on top of the light emitting device; and a color conversion layer (310) on top of the light distribution layer to convert the color of the light emitting device (400) into another color that is different from the original color of the light emitting device ([0098]; see fig. 9A); and a layer (324) on top or a layer (322) underneath of the color conversion layer for encapsulation or heat dissipation. Bibl does not expressly disclose the light distribution layer includes reflective nano-particles that are disposed substantially at a center of the light distribution layer, wherein the reflective nano-particles includes silver nano-particles or silver nano-wire. YE in the same field of a solid state device discloses (in at least figs. 2B, 4-8) a light distribution layer includes reflective nano-particles ([0081]; fig. 2B) that are disposed substantially at a center of the light distribution layer (see fig. 2B; [0059]-[0060]; abstract), wherein the reflective nano-particles includes silver nano-particles or silver nano-wire ([0081]) in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the solid state device of Bibl with the reflective light nano-particles of YE in order to improve the diffusivity of the light emitted from the light emitting chip LED ([0056]). Regarding claims 2 and 15, Bibl discloses (in at least figs. 1C and 9A) the backplane comprises circuitry (see fig. 1C) to control the said light emitting device. Regarding claims 3 and 16, Bibl discloses (in at least figs. 1C and 9A) the backplane (102) has a planarization layer (122) on top. Regarding claims 4 and 17, Bibl discloses (in at least figs. 1C and 9A) the light emitting device (400) is on top of a reflective layer (142). Regarding claims 5, 13 and 28, Bibl discloses (in at least figs. 1C and 9A) the light emitting devices (400) are microLED's ([0060]) formed or transferred into a backplane or substrate. Regarding claims 6 and 18, Zheng discloses (in at least fig. 2) reflective nano-particles are inside a polymer ([0043]; [0050]). Regarding claims 8 and 23, Bibl discloses (in at least fig. 9A) the color conversion layer (310) extends over the light distribution layer (320). Regarding claims 9 and 24, Bibl discloses (in at least fig. 9A) the color conversion layer (310) is a quantum dot ([0098]). Regarding claims 10 and 22, Bibl discloses (in at least fig. 9A) a shape of the light distribution layer (320) is thicker closer to the light emitting device (400). Regarding claims 11 and 25, Bibl discloses (in at least figs. 10A and 10B) there is another light distribution layer (330) on top of the color conversion layer (310) to increase a conversion efficiency by passing the light back to the color conversion layer. Regarding claim 12, Bibl discloses (in at least fig. 12) there is a color filter (328) on top of the color conversion layer (310). Regarding claims 20 and 21, Bibl as modified by YE does not expressly disclose a concentration of the reflective particles is modulated to extend the lights towards an edge of the light distribution layer; a distribution of the reflective nano-particles can be adjusted to increase the light uniformity by different drying methods as well as different solutions. However, YE discloses (in at least fig. 2B; [0060]) “the light quantity emitted through the unit area of the side surface SS may be about 40% of the light quantity emitted through the unit area of the top surface S1. In this case, the density of the diffusion particles PA dispersed in the second wavelength conversion portion F2 may be about 40% of that of the diffusion particles PA dispersed in the first wavelength conversion portion F1. As described above, when the diffusion particles PA are provided at different densities within the first and second wavelength conversion parts F1 and F2, a degree of the refraction or reflection of the light may be easily controlled by the diffusion particles PA in correspondence with the light quantity of the light provided to the first and second wavelength conversion parts F1 and F2 from the light emitting chip LED.” Accordingly, 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 reflective nano-particles of Bibl as modified YE such that a concentration of the reflective particles is modulated to extend the lights towards an edge of the light distribution layer; and a distribution of the reflective nano-particles can be adjusted to increase the light uniformity by different drying methods as well as different solutions, since it has been held that the selection of a known method based on its suitability for its intended use supported a prima facie obviousness determination. Regarding claim 27, Bibl discloses (in at least fig. 9A) an encapsulation layer (324) is used after the color conversion layer (310) to improve the reliability of the layers. Response to Arguments Applicant’s arguments with respect to claim(s) 1-6, 8-18 and 20-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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

Dec 01, 2022
Application Filed
May 02, 2025
Non-Final Rejection — §103
Jul 24, 2025
Response Filed
Sep 16, 2025
Final Rejection — §103
Nov 18, 2025
Request for Continued Examination
Nov 21, 2025
Response after Non-Final Action
Jan 06, 2026
Non-Final Rejection — §103
Mar 26, 2026
Response Filed

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+13.3%)
2y 3m
Median Time to Grant
High
PTA Risk
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