Prosecution Insights
Last updated: April 19, 2026
Application No. 18/136,290

LIGHT EMITTING DEVICE AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §103§112
Filed
Apr 18, 2023
Examiner
LIN, JOHN
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seoul Viosys Co. Ltd.
OA Round
3 (Non-Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
3y 10m
To Grant
68%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
253 granted / 422 resolved
-8.0% vs TC avg
Moderate +8% lift
Without
With
+8.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
26 currently pending
Career history
448
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 422 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment This Office Action is in response to Applicant’s reply filed on 12 December 2025. 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. Claims 11-13 and 16-19 are 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. Claim 11 recites “the distance between the first group and the second group does not include any other cells.” It is unclear and indefinite as to how a distance can include or not include cells since the distance is a measure of how far the first group is from the second group. It will be interpreted as “a space between the first group and the second group separated by the distance does not include any other cells.” Claims 12, 13 and 16-19, which depend either directly or indirectly from independent claim 11, do not remedy the issues of claim 11 and therefore are also rejected. 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. Claim(s) 11, 13, 16, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (U.S. Pub. 2020/0075820) in view of Tu et al. (U.S. Pub. 2015/0295154). Claims 11, 16, 17 and 19: Han et al. discloses a display module, in Fig. 3 and in paragraphs 58, 59 and 67, comprising: a substrate (42); a plurality of cells (51, 52 and 53) disposed on the substrate (42) and comprising: a first group (50) including at least three cells (51, 52 and 53) arranged along a first direction (horizontal direction in Fig. 3); and a second group (50) including at least three cells (51, 52 and 53) arranged along the first direction (horizontal direction in Fig. 3); wherein: the second group (50) is disposed adjacent to the first group (50) in the first direction (horizontal direction in Fig. 3); a distance between the first group (50) and the second group (50) along the first direction (horizontal direction in Fig. 3) is greater than a width (width of 51, 52 or 53 in the horizontal direction in Fig. 3) of any one of the cells (51, 52 and 53) of the first group (50) or the second group (50) in the first direction (horizontal direction in Fig. 3); and a space between the first group (50) and the second group (50) separated by the distance does not include any other cells. PNG media_image1.png 377 838 media_image1.png Greyscale Han et al. appears not to explicitly disclose a light shield surrounding the first group and the second group, wherein the light shield comprises an insulative material, wherein the light shield has opening exposing one surface of each of the cells, and wherein one surface of each of the cells facing away from the substrate is coplanar with one surface of the light shield facing away from the substrate. Tu et al., however, in Fig. 3F and in paragraphs 46, discloses a light shield (290) the first group (300a) and the second group (300b), wherein the light shield (290) comprises an insulative material (polymer), wherein the light shield (290) has opening exposing one surface (lower surfaces of 300a and 300b) of each of the cells (300a and 300b), and wherein one surface (upper surfaces of 300a and 300b) of each of the cells (300a and 300b) facing away from the substrate (23) is coplanar with one surface (upper surface of 290) of the light shield (290) facing away from the substrate (23) in order to prevent crosstalk with adjacent groups. It would have been obvious to one of ordinary skill in the art before the time of effective filing of the invention to modify Han et al. with the disclosure of Tu et al. to have made a light shield surrounding the first group and the second group, wherein the light shield comprises an insulative material, wherein the light shield has opening exposing one surface of each of the cells, and wherein one surface of each of the cells facing away from the substrate is coplanar with one surface of the light shield facing away from the substrate in order to prevent crosstalk with adjacent groups (paragraph 46 of Tu et al.). Claim 13: Han et al. in view of Tu et al. discloses the display module of claim 11 and Han er al., in Fig. 4 and in paragraph 58, further discloses a plurality of pads (44a and 44b) disposed between the substrate (42) and one of the cells (52), at least a portion (outer portions of 44a and 44b) of each pad (44a and 44b) not overlapping with the one of the cells (52). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. in view of Tu et al. as applied to claim 11 above, and further in view of Lee et al. (U.S. Pub. 2019/0053347). Claim 12: Han et al. in view of Tu et al. discloses the display module of claim 11. Han et al. in view of Tu et al. appears not to explicitly disclose wherein each of the cells comprises a first light emitting part configured to emit a first light, a second light emitting part configured to emit a second light, and a third light emitting part configured to emit a third light, and the first, second and third light emitting parts are vertically stacked one over another. Lee et al, however, in Fig. 2A and in paragraphs 17 and 46, discloses each of the cells (200) comprises a first light emitting part (210) configured to emit a first light, a second light emitting part (220) configured to emit a second light, and a third light emitting part (230) configured to emit a third light, and the first, second and third light emitting parts (210, 220 and 230, respectively) are vertically stacked one over another in order to increase pixel density and color accuracy. It would have been obvious to one of ordinary skill in the art before the time of effective filing of the invention to modify Han et al. in view of Tu et al. with the disclosure of Lee et al. to have made each of the cells comprises a first light emitting part configured to emit a first light, a second light emitting part configured to emit a second light, and a third light emitting part configured to emit a third light, and the first, second and third light emitting parts are vertically stacked one over another in order to increase pixel density and color accuracy (paragraph 17 of Lee et al.). Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. in view of Tu et al. as applied to claim 17 above, and further in view of Akimoto et al. (U.S. Pub. 2011/0297998). Claim 18: Han et al. in view of Tu et al. discloses the display module of claim 17. Han et al. in view of Tu et al. appears not to explicitly disclose bonding parts filling the openings, and disposed between the cells and the substrate, wherein the light shield is disposed between the bonding parts and the substrate Akimoto et al, however in Fig. 1 and paragraph 15, discloses bonding parts (14) filling the openings (opening in 18 for 14), and disposed between the cells (15) and the substrate (25). It would have been obvious to one of ordinary skill in the art before the time of effective filing of the invention to modify Han et al. in view of Tu et al. with the disclosure of Akimoto et al. to have made bonding parts filling the openings, and disposed between the cells and the substrate in order to protect the surrounding elements. Since Akimoto et al. disclose the bonding parts are only formed adjacent the cells, Han et al. in view of Akimoto et al. would disclose wherein the light shield is disposed between the bonding parts and the substrate. Response to Arguments Applicant’s arguments with respect to claim(s) 11-13 and 16-19 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 JOHN LIN whose telephone number is (571)270-1274. The examiner can normally be reached Monday-Friday 10am-6pm 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, Joshua Benitez can be reached at 571-270-1435. 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. /J.L/ Examiner, Art Unit 2815 /JOSHUA BENITEZ ROSARIO/Supervisory Patent Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

Apr 18, 2023
Application Filed
Jul 25, 2023
Response after Non-Final Action
Apr 16, 2025
Non-Final Rejection — §103, §112
Jul 17, 2025
Response Filed
Oct 18, 2025
Final Rejection — §103, §112
Dec 12, 2025
Request for Continued Examination
Dec 30, 2025
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection — §103, §112 (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
60%
Grant Probability
68%
With Interview (+8.0%)
3y 10m
Median Time to Grant
High
PTA Risk
Based on 422 resolved cases by this examiner. Grant probability derived from career allow rate.

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