Prosecution Insights
Last updated: July 17, 2026
Application No. 18/316,488

LIGHT-EMITTING DEVICE, MANUFACTURING METHOD OF LIGHT-EMITTING DEVICE, IMAGE CAPTURING DEVICE, ELECTRONIC APPARATUS, AND MOVING BODY

Final Rejection §102§103
Filed
May 12, 2023
Priority
May 27, 2022 — JP 2022-087103
Examiner
MENZ, DOUGLAS M
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Canon Inc.
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
686 granted / 776 resolved
+20.4% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
32 currently pending
Career history
807
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
36.2%
-3.8% vs TC avg
§112
0.6%
-39.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 776 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 24 and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 2020/0380920). Regarding claim 1, Lee discloses a light-emitting device that comprises a structure (INS3, fig. 5A) including a first surface (top of INS3, fig. 5A) and a second surface (bottom of INS3, fig. 5A) opposite each other, a light-emitting portion arranged on the first surface (LDL, fig. 5A and paragraph 0158), and a protective layer (TFE, fig. 5A and paragraph 0169) covering the light-emitting portion and the first surface, wherein the structure includes an electrically conductive member (VIA0, fig. 5A and paragraph 0147) to which one of a signal and a potential for operating the light-emitting portion is given, and an aperture (via hole pertaining to VIA0, fig. 5A and paragraph 0147) extending from the electrically conductive member to a virtual plane including the second surface (bottom of INS3, fig. 5A), wherein the light-emitting portion comprises a plurality of first electrodes (AE1, AE2, AE3, fig. 5A and paragraph 0160), a second electrode (CE, fig. 5A and paragraph 0160), and a light-emitting layer (EL1, EL2, EL3, fig. 5A and paragraph 0160) arranged between the first electrode and the second electrode, wherein the first electrode (AE1, fig. 5A) is arranged between the first surface (top of INS3, fig. 5A) and the second electrode (CE, fig. 5A), and wherein the electrically conductive member contacts the second electrode (VIA0, fig. 5A and paragraph 0147). Regarding claim 24, Lee discloses a manufacturing method of a light-emitting device, the method comprising: forming, in a structure (INS3, fig. 5A) including a first surface (top of INS3, fig. 5A) and a second surface (bottom of INS3, fig. 5A) opposite each other and including an electrically conductive member (VIA0, fig. 5A and paragraph 0147), an aperture (via hole pertaining to VIA0, fig. 5A and paragraph 0147) extending from a virtual plane including the second surface (bottom of INS3, fig. 5A) to the electrically conductive member; forming a light-emitting portion (LDL, fig. 5A and paragraph 0158) on the first surface; and forming a protective layer (TFE, fig. 5A and paragraph 0169) covering the light-emitting portion and the first surface, wherein the light-emitting portion comprises a plurality of first electrodes (AE1, AE2, AE3, fig. 5A and paragraph 0160), a second electrode (CE, fig. 5A and paragraph 0160), and a light-emitting layer (EL1, EL2, EL3, fig. 5A and paragraph 0160) arranged between the first electrode and the second electrode, wherein the first electrode (AE1, fig. 5A) is arranged between the first surface (top of INS3, fig. 5A) and the second electrode (CE, fig. 5A), and wherein the electrically conductive member contacts the second electrode (VIA0, fig. 5A and paragraph 0147). Regarding claim 27, Lee discloses a light-emitting device that comprises a structure (INS3, fig. 5A) including a first surface (top of INS3, fig. 5A) and a second surface (bottom of INS3, fig. 5A) opposite each other, a light-emitting portion arranged on the first surface (LDL, fig. 5A and paragraph 0158), and a protective layer (TFE, fig. 5A and paragraph 0169) covering the light-emitting portion and the first surface, wherein the structure includes an electrically conductive member (VIA0, fig. 5A and paragraph 0147) to which one of a signal and a potential for operating the light-emitting portion is given, and an aperture (via hole pertaining to VIA0, fig. 5A and paragraph 0147) extending from the electrically conductive member to a virtual plane including the second surface (bottom of INS3, fig. 5A), wherein the light-emitting portion comprises a plurality of first electrodes (AE1, AE2, AE3, fig. 5A and paragraph 0160), a second electrode (CE, fig. 5A and paragraph 0160), and a light-emitting layer (EL1, EL2, EL3, fig. 5A and paragraph 0160) arranged between the first electrode and the second electrode, wherein the protective layer is arranged to contact the second electrode (TFE, fig. 5A and paragraph 0169), and wherein the protective layer does not include any apertures penetrating through the protective layer (TFE, fig. 5A and paragraph 0169). 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. Claims 1-2, 5, 17-20 and 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (US 2018/0114820) in view of Lee et al. (US 2020/0380920). Regarding claim 1, Shim discloses a light-emitting device that comprises a structure (SUB, fig. 5) including a first surface (top of SUB, fig. 5) and a second surface (bottom of SUB, fig. 5) opposite each other, a light-emitting portion arranged on the first surface (OLE, fig. 5 and paragraph 0051), and a protective layer (FS2, fig. 5 and paragraph 0071) covering the light-emitting portion and the first surface, wherein the structure includes an electrically conductive member (CN, fig. 5) to which one of a signal and a potential for operating the light-emitting portion is given, and an aperture (VH, fig. 5) extending from the electrically conductive member to a virtual plane including the second surface (CN, fig. 5 and paragraph 0049), wherein the light-emitting portion comprises a plurality of first electrodes (ANO, fig. 5 and paragraph 0060), a second electrode (CAT, fig. 5 and paragraph 0069), and a light-emitting layer arranged between the first electrode and the second electrode (OL, fig. 5 and paragraph 0069), wherein the first electrode (ANO, fig. 5) is arranged between the first surface and the second electrode (CAT, fig. 5), and wherein the electrically conductive member contacts the first electrode. Shim does not disclose wherein the electrically conductive member contacts the second electrode. However, as mentioned in the above 102 rejection, Lee explicitly discloses a common cathode electrode connected to the corresponding electrically conductive member through the structure below the light emitting portion through a via hole (see above). Such a configuration was considered conventional at the time of filing and would therefore be deemed obvious to one of ordinary skill in the art at the time of filing to incorporate into Shim’s structure. Regarding claim 2, Shim further discloses wherein an entire region of the light-emitting portion is covered with the protective layer (FS2, fig. 5). Regarding claim 5, Shim further discloses an electrode (ANO, fig. 5); and an electrically conductive plug arranged in the aperture (VH, fig. 5) so as to electrically connect the electrode and the electrically conductive member (CN, fig. 5). Regarding claim 17, Shim further discloses wherein the structure includes a semiconductor substrate (SUB, fig. 5) and a wiring structure (wiring from anode ANO down to driving transistor DT, fig. 5), and the electrically conductive member is arranged in the wiring structure (CN, fig. 5). Regarding claim 18, Shim further discloses wherein the wiring structure includes a first wiring structure arranged between the semiconductor substrate and the second surface (connection from CN to DT, fig. 5), and a second wiring structure arranged between the light-emitting portion and the semiconductor substrate (connection from ANO to CN, fig. 5), and the electrically conductive member is arranged in the second wiring structure (CN, fig. 5). Regarding claim 19, Shim further discloses wherein the wiring structure is arranged between the light-emitting portion and the semiconductor substrate (connection from ANO to CN, fig. 5). Regarding claim 20, Shim discloses wherein the light-emitting portion includes an organic light-emitting element (OLE, fig. 5 and paragraph 0050). Regarding claim 24, Shim discloses a manufacturing method of a light-emitting device, the method comprising: forming, in a structure (SUB, fig. 5) including a first surface (top of SUB, fig. 5) and a second surface (bottom of SUB, fig. 5) opposite each other, and including an electrically conductive member (CN, fig. 5) to which one of a signal and a potential for operating the light-emitting portion is given, and an aperture (VH, fig. 5) extending from the electrically conductive member to a virtual plane including the second surface (CN, fig. 5 and paragraph 0049), forming a light-emitting portion arranged on the first surface (OLE, fig. 5 and paragraph 0051), and forming a protective layer (FS2, fig. 5 and paragraph 0071) covering the light-emitting portion and the first surface, wherein the light-emitting portion comprises a plurality of first electrodes (ANO, fig. 5 and paragraph 0060), a second electrode (CAT, fig. 5 and paragraph 0069), and a light-emitting layer arranged between the first electrode and the second electrode (OL, fig. 5 and paragraph 0069), wherein the first electrode (ANO, fig. 5) is arranged between the first surface and the second electrode (CAT, fig. 5), and wherein the electrically conductive member contacts the first electrode. Shim does not disclose wherein the electrically conductive member contacts the second electrode. However, as mentioned in the above 102 rejection, Lee explicitly discloses a common cathode electrode connected to the corresponding electrically conductive member through the structure below the light emitting portion through a via hole (see above). Such a configuration was considered conventional at the time of filing and would therefore be deemed obvious to one of ordinary skill in the art at the time of filing to incorporate into Shim’s structure. Regarding claim 25, Shim further discloses filling the aperture with an electrically conductive material (paragraph 0062). Regarding claim 26, Shim further discloses performing wire bonding with respect to the electrically conductive member through the aperture (fig. 5 and paragraph 0066). Claims 6-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (US 2018/0114820) in view of Lee et al. (US 2020/0380920) and further in view of Zhao et al. (US 2022/0190074). Regarding claim 6, Shim in view of Lee discloses the device according to claim 1, as mentioned above, and further discloses wherein the structure includes a first substrate (SUB, fig. 5) Shim does not explicitly disclose a second substrate including a second semiconductor substrate. However, the use of multiple stacked substrates in a display device was well known in the art at the time of filing for the purpose of reducing the bezel of the display and would therefore be deemed obvious to one of ordinary skill in the art at the time of filing. To illustrate such known teachings see Zhao (paragraphs 0001-0010, 0034-0039 and fig. 1) Regarding claim 7, Zhao further discloses wherein the first substrate includes a drive circuit configured to drive the light-emitting portion, and the second substrate includes a control circuit configured to control the drive circuit (paragraphs 0006-0008). Regarding claims 8-16, Shim in view of Lee in view of Zhao discloses the device according to claim 7, as mentioned above. The limitations of the substrates positions and wiring configurations of claims 8-16 would be deemed obvious to one of ordinary skill in the art at the time of filing given the teachings of Zhao (paragraphs 0001-0010, 0034-0041 and fig. 1). Claims 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (US 2018/0114820) in view of Lee et al. (US 2020/0380920). Regarding claims 21-23, Shim in view of Lee discloses the device of claim 1, as mentioned above. Shim does not explicitly disclose the device integrated into an image capturing device comprising an optical system including a plurality of lenses, an image sensor configured to receive light having passed through the optical system, and a light-emitting device defined in claim 1 configured to display an image captured by the image sensor or a housing provided with the light-emitting device, and a communication unit provided in the housing and configured to perform external communication or a moving body comprising a light-emitting device defined in claim 1. However, such features are all found in the ubiquitous mobile phone which would be an obvious implementation of Shim’s display given the reduced bezel characteristic. Response to Arguments Applicant's arguments filed 4/1/26 have been fully considered but they are not persuasive. Applicant has amended the independent claims 1 and 24 and added new claim 27 to include the limitation that the cathode (top electrode) is connected to the conductive via below the light emitting portion and argues that Shim does not disclose such features. Examiner agrees that Shim does not explicitly disclose such features. Therefore, Examiner had to conduct another search to find a reference with the newly submitted claim language. As mentioned in the above rejection, Lee anticipates all the limitations of all the independent claims and further renders Shim’s teachings obvious since Lee discloses a conventional configuration of an OLED display which incorporates an electrical connection of the cathode (top electrode) to a power line below the light emitting portion through a via. Applicant is advised to amend the independent claims to more precisely disclose Applicant’s invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2018/0211596 discloses another example of a light emitting display device with multiple stacked substrates beneath the light-emitting portion. 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 DOUGLAS M MENZ whose telephone number is (571)272-1877. The examiner can normally be reached Monday-Friday 8:00am-5:00pm. 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, Jacob Choi can be reached at 469-295-9060. 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. /DOUGLAS M MENZ/ Primary Examiner, Art Unit 2897 4/14/26
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Prosecution Timeline

May 12, 2023
Application Filed
Jan 20, 2026
Non-Final Rejection mailed — §102, §103
Apr 01, 2026
Response Filed
Apr 17, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
88%
Grant Probability
93%
With Interview (+4.6%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 776 resolved cases by this examiner. Grant probability derived from career allowance rate.

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