Prosecution Insights
Last updated: April 19, 2026
Application No. 18/089,604

MODULATION DEVICE

Final Rejection §103§112
Filed
Dec 28, 2022
Examiner
DEGRASSE, IAN ISAAC
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Innolux Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
61%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
10 granted / 12 resolved
+15.3% vs TC avg
Minimal -22% lift
Without
With
+-22.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
54 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§103
51.7%
+11.7% vs TC avg
§102
34.8%
-5.2% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 12 resolved cases

Office Action

§103 §112
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 Objections Claim 9 is objected to because of the following informalities: claim 9 was amended to recite a typo in the phrase “the plurality of modulation units is disposed” in the last limitation of the claim. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 21, the claim recites the plurality of modulation units ‘comprising’ a first electrode and a second electrode and then in a later limitation recites the plurality of modulation units being ‘electrically connected’ to a first electrode and a second electrode. These two limitations appear to contradict one another: in the first limitation the modulation units include the electrodes internally, but then in the later limitation the modulation units are described as being electrically connected to the electrodes which implies an external connection relationship. Claim Rejections - 35 USC § 103 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 1-2, 8-10, 15-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2017/0269448 A1 to Chen et al. (hereinafter “Chen” – previously cited reference) in view of US 10,673,481 B1 to Tsai et al. (hereinafter “Tsai” – newly cited reference). Regarding claim 1, Chen discloses a modulation device, comprising: a substrate; a plurality of modulation units, disposed on the substrate (LCD device having liquid crystal layer 3 disposed on substrate 11, where plurality of regions of liquid crystal layer 3 each act as a variable capacitor in being controlled by adjusting voltages between pixel electrodes 16 and common electrodes 12; Figs. 1 and 4; paragraphs [0007], [0029], [0031]); a data line, disposed on the substrate and electrically connected to the plurality of modulation units (plurality of data lines 14 disposed on substrate 11 and delivering voltage signals to pixel electrodes 16 to control liquid crystal layer 3; Figs. 1 and 3-4; paragraphs [0007], [0029], [0031]); and a scan line, disposed on the substrate and having an overlapping area overlapping the data line and a non-overlapping area not overlapping the data line (plurality of scan lines 131 disposed on substrate 11 and having area overlapping data line 14 and are not overlapping data line 14; Fig. 4; paragraph [0031]), wherein in a first direction, the scan line has a first width in the overlapping area, the scan line has a second width in the non-overlapping area, and the first width is smaller than the second width (width of scan line 131 in overlapping area is smaller than that in the non-overlapping area; Fig. 4). Chen fails to disclose wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted, wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted. However, Tsai discloses a plurality of modulation units, wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted (plurality of modulating electrodes 106a, 106b disposed in a specific pitch arrangement for modulating particular electromagnetic waves in radio frequency; Fig. 1; column 5, line 60 to column 7, line 27), wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted (electronic modulating device 10 may modulate the electromagnetic wave of radio frequency in a range from about 1 GHz to about 100 THz, which is wavelengths from about 30 cm to about 3 microns, and the ratio of electrodes 106a to electrodes 106b within a square having 5-20 cm sides may be between 0.5 and 2, and Fig. 1 illustrates several such possible squares, all of which providing a pitch between electrodes 106a, 106a falling within the range of 15 cm to 1.5 microns which is half the wavelength to be modulated; Fig. 1; column 5, line 60 to column 7, line 27). Chen and Tsai are both considered to be analogous to the claimed invention because they are in the same field of display devices utilizing modulation structures. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Tsai in order to potentially provide subwavelength resolution and diffraction-limited performance, means of overcoming scaling limitations, enhanced energy efficiency and switching speed, and improved diffraction and coupling efficiency. Regarding claim 2, Chen in view of Tsai discloses the modulation device according to claim 1. Chen further discloses a first electrode and a second electrode, wherein the first electrode and the second electrode are disposed on the substrate, and the plurality of modulation units are disposed on the first electrode and the second electrode (source and drain electrodes 141, 142 disposed on substrate 11 and adjacent liquid crystal layer 3 to deliver voltage signals thereto; Figs. 1 and 3-4; paragraphs [0007], [0029], [0031]). Regarding claim 8, Chen discloses the modulation device, comprising: a substrate; a plurality of modulation units, disposed on the substrate (LCD device having liquid crystal layer 3 disposed on substrate 11, where plurality of regions of liquid crystal layer 3 each act as a variable capacitor in being controlled by adjusting voltages between pixel electrodes 16 and common electrodes 12; Figs. 1 and 4; paragraphs [0007], [0029], [0031]); a data line, disposed on the substrate and electrically connected to the plurality of modulation units (plurality of data lines 14 disposed on substrate 11 and delivering voltage signals to pixel electrodes 16 to control liquid crystal layer 3; Figs. 1 and 3-4; paragraphs [0007], [0029], [0031]); and a scan line, disposed on the substrate and partially overlapping the data line, wherein the data line has an overlapping area overlapping the scan line and a non-overlapping area not overlapping the scan line (plurality of scan lines 131 disposed on substrate 11 and having area overlapping data line 14 and are not overlapping data line 14; Fig. 4; paragraph [0031]), wherein in a second direction, the data line has a third width in the overlapping area, the data line has a fourth width in the non-overlapping area, and the third width is smaller than the fourth width (width of scan line 131 in overlapping area is smaller than that in the non-overlapping area; Fig. 4). Chen fails to disclose wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted, wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted. However, Tsai discloses a plurality of modulation units, wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted (plurality of modulating electrodes 106a, 106b disposed in a specific pitch arrangement for modulating particular electromagnetic waves in radio frequency; Fig. 1; column 5, line 60 to column 7, line 27), wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted (electronic modulating device 10 may modulate the electromagnetic wave of radio frequency in a range from about 1 GHz to about 100 THz, which is wavelengths from about 30 cm to about 3 microns, and the ratio of electrodes 106a to electrodes 106b within a square having 5-20 cm sides may be between 0.5 and 2, and Fig. 1 illustrates several such possible squares, all of which providing a pitch between electrodes 106a, 106a falling within the range of 15 cm to 1.5 microns which is half the wavelength to be modulated; Fig. 1; column 5, line 60 to column 7, line 27). Chen and Tsai are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Tsai in order to potentially provide subwavelength resolution and diffraction-limited performance, means of overcoming scaling limitations, enhanced energy efficiency and switching speed, and improved diffraction and coupling efficiency. Regarding claim 9, Chen in view of Tsai discloses the modulation device according to claim 8. Chen further discloses a first electrode and a second electrode, wherein the first electrode and the second electrode are disposed on the substrate, and the modulation unit is disposed on the first electrode and the second electrode (see claim 2). Regarding claim 10, Chen in view of Tsai discloses the modulation device according to claim 8. Chen further discloses a common line, wherein the common line is electrically connected to the second electrode, and the data line is electrically connected to the first electrode (see claim 3). Regarding claim 15, Chen discloses a modulation device, comprising: a substrate; a plurality of modulation units, disposed on the substrate (LCD device having liquid crystal layer 3 disposed on substrate 11, where plurality of regions of liquid crystal layer 3 each act as a variable capacitor in being controlled by adjusting voltages between pixel electrodes 16 and common electrodes 12; Figs. 1 and 4; paragraphs [0007], [0029], [0031]); a data line, disposed on the substrate and electrically connected to at least one of the plurality of modulation units (plurality of data lines 14 disposed on substrate 11 and delivering voltage signals to pixel electrodes 16 to control liquid crystal layer 3; Figs. 1 and 3-4; paragraphs [0007], [0029], [0031]); and a scan line, disposed on the substrate and disposed in parallel with the data line (plurality of scan lines 131 disposed on substrate 11 and each having an area between data lines 14 that is disposed in parallel with the data line 14; Fig. 4; paragraph [0031]). Chen fails to disclose wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted, wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted. However, Tsai discloses a plurality of modulation units, wherein a pitch between the adjacent modulation units in a second direction is related to a wavelength of an electromagnetic wave to be adjusted (plurality of modulating electrodes 106a, 106b disposed in a specific pitch arrangement for modulating particular electromagnetic waves in radio frequency; Fig. 1; column 5, line 60 to column 7, line 27), wherein the pitch between the adjacent modulation units is a half of the wavelength of the electromagnetic wave to be adjusted (electronic modulating device 10 may modulate the electromagnetic wave of radio frequency in a range from about 1 GHz to about 100 THz, which is wavelengths from about 30 cm to about 3 microns, and the ratio of electrodes 106a to electrodes 106b within a square having 5-20 cm sides may be between 0.5 and 2, and Fig. 1 illustrates several such possible squares, all of which providing a pitch between electrodes 106a, 106a falling within the range of 15 cm to 1.5 microns which is half the wavelength to be modulated; Fig. 1; column 5, line 60 to column 7, line 27). Chen and Tsai are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Tsai in order to potentially provide subwavelength resolution and diffraction-limited performance, means of overcoming scaling limitations, enhanced energy efficiency and switching speed, and improved diffraction and coupling efficiency. Regarding claim 16, Chen in view of Tsai discloses the modulation device according to claim 15. Chen further discloses a driving circuit, wherein the driving circuit is disposed on the substrate, and the driving circuit is disposed in a peripheral area of the substrate (liquid crystal layer 3 driven by common electrode 12 and pixel electrodes 16 which are in part disposed in a peripheral portion of the substrate 11; Figs. 1 and 4; paragraphs [0007], [0029], [0031]). Regarding claim 17, Chen in view of Tsai discloses the modulation device according to claim 15. Chen further discloses a driving circuit, wherein the driving circuit is disposed on the substrate, and the driving circuit is disposed in a middle area of the substrate (liquid crystal layer 3 driven by common electrode 12 and pixel electrodes 16 which are in part disposed in a middle portion of the substrate 11; Figs. 1 and 4; paragraphs [0007], [0029], [0031]). Regarding claim 18, Chen in view of Tsai discloses the modulation device according to claim 15. Chen further discloses a plurality of chips, wherein the chips are disposed below the substrate, and the chips drive the modulation units in a partition manner (LCD device having display medium layer 3 driven by an IC on substrate 11 and below substrate 21 along its pixel region rows and columns; abstract; Fig. 1; paragraphs [0007], [0029]). Regarding claim 21, Chen in view of Tsai discloses the modulation device according to claim 1. Chen further discloses wherein the plurality of modulation units further comprises a first electrode and a second electrode, the first electrode and the second electrode are disposed on the substrate, and the plurality of modulation units are electrically connected to the first electrode and the second electrode (plurality of regions of liquid crystal layer 3 each act as a variable capacitor in being controlled by adjusting voltages between pixel electrodes 16 and common electrodes 12 disposed on substrate 11; Figs. 1 and 4; paragraphs [0007], [0029], [0031]), and the first electrode and the second electrode have an opening and/or a slot (common electrode 12 and pixel electrodes 16 having openings formed therein; Figs. 2 and 4; paragraphs [0031]-[0032]). Claims 4-5 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in further view of Tsai and US 2021/0200366 A1 to Bok et al. (hereinafter “Bok” – previously cited reference). Regarding claims 4 and 11, Chen in view of Tsai discloses the modulation device according to claims 1 and 8. Chen fails to disclose a heat dissipation structure disposed below the substrate. However, Bok discloses a heat dissipation structure disposed below the substrate (substrate SUB having heat dissipating member disposed thereunder; Fig. 6; paragraphs [0443]-[0446]). Chen and Bok are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Bok in order to potentially at least provide improved thermal management, enhanced device longevity, and increased performance stability. Regarding claims 5 and 12, Chen in view of Tsai and Bok discloses the modulation device according to claims 4 and 11. Chen fails to disclose a conductor layer, wherein the conductor layer is disposed between the heat dissipation structure and the substrate. However, Bok discloses a conductor layer, wherein the conductor layer is disposed between the heat dissipation structure and the substrate (heat dissipating member may comprise a thin metal film disposed between its first layer and the substrate SUB; paragraph [0446]). Chen and Bok are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Bok in order to potentially at least provide uniform temperature distribution, reduced thermal stress, and mechanical stability and structural support. Claims 6-7, 13-14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in further view of Tsai and US 2021/0134893 A1 to Lee et al. (hereinafter “Lee”). Regarding claims 6 and 13, Chen in view of Tsai discloses the modulation device according to claims 1 and 8. Chen fails to disclose the scan line comprises a main electrode line and an auxiliary electrode line, wherein the auxiliary electrode line is electrically connected to the main electrode line through a via penetrating through an insulating layer. However, Lee discloses the scan line comprises a main electrode line and an auxiliary electrode line, wherein the auxiliary electrode line is electrically connected to the main electrode line through a via penetrating through an insulating layer (auxiliary electrode 1111 electrically connected to second electrode 750 through a hole within an insulating film 1114; paragraph [0126]). Chen and Lee are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Lee in order to potentially at least provide improved electrical conductivity and reduced resistance, enhanced current distribution, and improved reliability and redundancy. Regarding claims 7 and 14, Chen in view of Tsai discloses the modulation device according to claims 1 and 8. Chen further discloses an insulating layer, wherein the insulating layer is disposed between the data line and the scan line (insulating layer formed between scan lines 131 and data lines 14; paragraph [0031]). Chen fails to disclose a thickness of the insulating layer is 0.2 μm to 10 μm. However, Lee discloses a thickness of the insulating layer is 0.2 μm to 10 μm (insulating film 1114 may have thickness of 0.7 μm or more; paragraph [0169]). Chen and Lee are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Lee in order to potentially at least provide balanced dielectric properties, manufacturing feasibility, and reduced crosstalk. Regarding claim 20, Chen in view of Tsai discloses the modulation device according to claim 18. Chen fails to disclose wherein the substrate has a plurality of vias, and the chips are electrically connected to the modulation units through the vias. However, Lee discloses wherein the substrate has a plurality of vias, and the chips are electrically connected to the modulation units through the vias (touch sensing integrated circuit TSC electrically connected to touch electrodes 310 through touch lines TL which pass through holes in substrate 1101 package layers; Figs. 4 and 16; paragraphs [0060], [0185]-[0186]). Chen and Lee are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Lee in order to potentially at least provide improved electrical connectivity, efficient signal transmission, and high-density interconnects. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in further view of Tsai and US 2020/0013638 A1 to Cho (hereinafter “Cho”). Regarding claim 19, Chen in view of Tsai discloses the modulation device according to claim 18. Chen fails to disclose wherein the chips are formed below the substrate through a panel level package process. However, Cho discloses wherein the chips are formed below the substrate through a panel level package process (panel level package formation process uses chips formed below substrate 10; paragraph [0100]). Chen and Cho are both considered to be analogous to the claimed invention because they are in the same field of display devices. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen to incorporate the teaching of Cho in order to potentially at least provide vertical integration and a reduced footprint, shorter interconnect lengths and efficient power delivery, and cost-effective manufacturing. Response to Arguments Applicant's arguments filed September 17, 2025 have been fully considered. Applicant first asserts that Chen does not disclose a modulation unit. However, paragraph [0048] of Applicant’s specification states that “the modulation unit AU may include a varactor diode, a variable capacitor, a variable resistor, a phase shifter, an amplifier, an antenna, a biometric sensor, a graphene sensor, other suitable elements, or a combination thereof” which provides a very broad construction of ‘modulation unit’ in this context. Therefore, the plural regions of the liquid crystal layer 3 along with the corresponding regions of common and pixel electrodes 12, 16 satisfy this definition of ‘modulation unit’. The remaining portion of Applicant’s arguments are moot in light of the new grounds of rejection using Chen and Tsai. 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 IAN DEGRASSE whose telephone number is (571) 272-0261. The examiner can normally be reached Monday through Friday 8:30a until 5:00p. 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, JEFF NATALINI can be reached on (571) 272-2266. 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. /IAN DEGRASSE/Examiner, Art Unit 2818 /JEFF W NATALINI/Supervisory Patent Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Dec 28, 2022
Application Filed
Jun 13, 2025
Non-Final Rejection — §103, §112
Sep 17, 2025
Response Filed
Oct 17, 2025
Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
61%
With Interview (-22.2%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 12 resolved cases by this examiner. Grant probability derived from career allow rate.

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