Prosecution Insights
Last updated: April 19, 2026
Application No. 18/009,340

DISPLAY DEVICES AND ELECTRONIC APPARATUSES COMPRISING SAME

Final Rejection §103
Filed
Dec 09, 2022
Examiner
VO, TUYEN KIM
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dayton Technologies Limited
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 1m
To Grant
96%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
929 granted / 1184 resolved
+10.5% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
26 currently pending
Career history
1210
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
13.1%
-26.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1184 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 . Acknowledgment This Office Action is responsive to amendment filed on 12/25/2025. 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 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) 21, 22, 24, 26-35 and 37-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuen (US 2018/0164749, previously cited) in view of Francois et al. (US 2021/0088973). Regarding claim 21, Yuen teaches a display device (160, fig. 2A and [0063]) comprising a display panel (162, fig. 2C, [0064] and [0078]) and an electroluminescent light source ([0078]), wherein the display panel comprises a first surface (front surface of the 162) which is a front surface and a display surface (162a), a second surface which is a back surface (back surface of the 162), and a panel body (162, [0078]) intermediate the first surface and the second surface; wherein the electroluminescent light source is configured to provide back illumination by projecting light towards the back surface, and the light is to form a visible image and/or an information display on the display surface after passing through the panel body (fig. 1A, [0064], [0065] and [0078]-[0084]). Yuen surface fails to teach wherein the display surface is an opaque and nacreous and/or iridescent surface. However, Francois teaches display surface (fig. 2) is an opaque and nacreous and/or iridescent surface ([0016] and [0027]). In view of Francois’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yuen by incorporating the teaching as taught by Francois so as to improve the aesthetic appearance of the display device. Regarding claim 22, Yuen as modified by Francois teaches all subject matter claimed as applied above. Francois further teaches wherein the panel body comprises a nacre or nacreous intermediate layer, and the display surface is an integral part of the nacre or nacreous layer (fig. 2). Regarding claim 24, Yuen as modified by Francois teaches all subject matter claimed as applied above. Both Yuen and Francois further teach wherein the panel body is opaque under normal ambient room illumination or under mild or diffused sunlight illumination condition (Yuen: fig. 4, [0096], black (opaque), [0111]. Francois: [0016]). Regarding claim 26, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the display panel has a thickness of between 0.4 mm and 0.5mm ([0113] and [0114]). Regarding claim 27, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the display device is configured as a dial surface of an analogue watch and is operable in a digital mode, and wherein the electroluminescent light source is configured as a pattern generator is to generate a visible pattern and/or information messages on the display surface as a display screen by back illumination for user reading when in the digital mode (fig. 1A, [0064]-[0065] and [0078]-[0084]). Regarding claim 28, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the pattern generator is configured to generate a light emitting pattern having a resolution of higher than 100 pixels per inch or higher than 50, 60, 70, 80, 90, 100 pixels per centimeter ([0082]). Regarding claim 29, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the visible image is casted on the display surface by the electroluminescent light source and is readable by a user with naked eyes under mild or diffused sunlight illumination conditions (figs. 3A-3D). Regarding claim 30, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the visible image has a luminance level of between 20 lux and 45 lux ([0108]). Regarding claim 31, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the panel body is heavily light attenuating and the light is heavily attenuated after traversing through the panel body ([0095]-[0098]). Regarding claim 32, Yuen teaches an electronic apparatus (timepiece, fig. 1A) comprising a display device (160, fig. 2A and [0063]) comprising a display panel (162, fig. 2C, [0064] and [0078]) and an electroluminescent light source ([0078]), wherein the display panel comprises a first surface (front surface of the 162) which is a front surface and a display surface (162a), a second surface which is a back surface (back surface of the 162), and a panel body (162) intermediate the first surface and the second surface; wherein the electroluminescent light source is configured to provide back illumination by projecting light towards the back surface, and the light is to form a visible image and/or an information display on the display surface after passing through the panel body (fig. 1A, [0064], [0065] and [0078]-[0084]). Yuen surface fails to teach wherein the display surface is an opaque and nacreous and/or iridescent surface. However, Francois teaches display surface (figs. 1 and 2) is an opaque and nacreous and/or iridescent surface ([0016] and [0027]). In view of Francois’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Yuen by incorporating the teaching as taught by Francois so as to improve the aesthetic appearance of the display device. Regarding claim 33, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the panel body is heavily light attenuating and the light is heavily attenuated after traversing through the panel body ([0095]-[0098]). Regarding claim 34, Yuen as modified by Francois teaches all subject matter claimed as applied above. Francois further teaches wherein the panel body comprises a nacre or nacreous intermediate layer (layer 3), and the display surface is an integral part of the nacre or nacreous layer (fig. 1). Regarding claim 35, Yuen as modified by Francois teaches all subject matter claimed as applied above. Francois further teaches wherein the nacre layer is a nacre foil having a thickness between 50µm and 0.1mm ([0027]). Regarding claim 37, Yuen as modified by Francois teaches all subject matter claimed as applied above. Both Yuen and Francois further teach wherein the panel body is opaque under normal ambient room illumination or under mild or diffused sunlight illumination condition (Yuen: fig. 4, [0096], black (opaque), [0111]. Francois: [0016]). Regarding claim 38, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the visible image and/or an information display on the display surface is luminescent and has a has a luminance level of between 20 lux and 45 lux on the display surface ([0108]). Regarding claim 39, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the display panel is configured to conceal what is underneath during normal use when the electroluminescent light source is turned on or turned off ([0089], [0090], [0100] and [0115]). Regarding claim 40, Yuen as modified by Francois teaches all subject matter claimed as applied above. Yuen further teaches wherein the apparatus is a smart analogue watch having moving arms and a dial surface which conceals digital capability of the smart watch until operating in a digital mode (fig. 1A and [0015]). Claim(s) 23, 25 and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yuen as modified by Francois as applied to claim 21 above, and further in view of Kaku (WO 2018/088217A, previously cited). Regarding claims 23, 25 and 36, Yuen as modified by Francois teaches all subject matter claimed as applied above except for wherein the intermediate layer is polished iridescent nacreous layer of a mollusk shell or the panel body comprises an intermediate layer comprising: :- hexagonal platelets of crystalized calcium carbonate of 10pm - 20pm wide,- platelets of crystalized calcium carbonate of 0.4 pm - 0.6 pm thick,- platelets of aragonite,- porcelain,- ceramics, or - China. However, Kaku teaches an electronic apparatus comprising display device (timepiece) having an intermediate layer is polished iridescent nacreous layer of a mollusk shell or a panel body comprises an intermediate layer comprising: :- hexagonal platelets of crystalized calcium carbonate of 10pm - 20pm wide,- platelets of crystalized calcium carbonate of 0.4 pm - 0.6 pm thick,- platelets of aragonite,- porcelain,- ceramics, or - China (page 10, paragraph 7). In view of Kaku’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Yuen and Francois by incorporating the teaching as taught by Kaku since it is just a matter of selecting an alternative material for the intermediate layer. Response to Arguments Applicant’s arguments with respect to claim(s) 21-40 have been considered but are moot because the new ground of rejection is made in view of Yuen, Francois and Kaku. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM. 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, Steven Paik can be reached at 571-272-2404. 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. /TUYEN K VO/ Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Dec 09, 2022
Application Filed
Sep 25, 2025
Non-Final Rejection — §103
Dec 25, 2025
Response Filed
Jan 22, 2026
Final Rejection — §103 (current)

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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
78%
Grant Probability
96%
With Interview (+17.5%)
2y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 1184 resolved cases by this examiner. Grant probability derived from career allow rate.

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