Prosecution Insights
Last updated: April 19, 2026
Application No. 18/324,801

TRANSPARENT DISPLAY DEVICE

Non-Final OA §102§103§112
Filed
May 26, 2023
Examiner
WEILAND, ADAM DAVID
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
LG Display Co., Ltd.
OA Round
1 (Non-Final)
96%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
26 granted / 27 resolved
+28.3% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
50 currently pending
Career history
77
Total Applications
across all art units

Statute-Specific Performance

§103
46.8%
+6.8% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 27 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This action is responsive to U.S. Patent Application No. 18/324,801 filed on 26 May 2023. 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 . Priority Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Election/Restrictions Applicant’s election without traverse of the Species I (FIG. 5) embodiment in the reply filed on 6 November 2025 is acknowledged. Accordingly, claims 18 and 19 are withdrawn because they are drawn to a non-elected species. 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 8 and 12 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. Regarding Claim 8: Claim 8 states, in relevant part, “a first emission layer disposed on the first hole transport layer . . . .” This phrase renders scope of the claim unclear because it is unclear whether the first emission layer referred to in claim 8 is (1) a first emission layer that is different from the first emission layer of claim 1, or (2) a first emission layer that is the same as the first emission layer of claim 1. For the purposes of examination, the relevant language has been interpreted in accordance with (2). Claims 9-13, which depend from claim 8, are rejected under § 112(b) for the same reasons as claim 8. Regarding Claim 12: Claim 12 states, in relevant part, “a second emission layer disposed on the second hole transport layer.” This phrase renders scope of the claim unclear because it is unclear whether the second emission layer referred to in claim 12 is (1) a second emission layer that is different from the second emission layer of claim 1, or (2) a second emission layer that is the same as the second emission layer of claim 1. For the purposes of examination, the relevant language has been interpreted in accordance with (2). Claim 13, which depends from claim 12, is rejected under § 112(b) for the same reasons as claim 12. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, and 15 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Patent Publication No. 2021/0193758 (published June 24, 2021) (hereinafter “Choi”). Regarding independent claim 1, Choi discloses: A transparent display device (FIGS. 1/6/7/10, display apparatus 10, [0040]), comprising: a first substrate (FIGS. 1/6/7/10, cover glass 133, [0083]) including a first area (FIGS. 1/6/7/10, opaque area AA3, [0079]) and a second area (FIGS. 1/6/7/10, transparent area AA1, [0079]); an anode disposed on the first substrate and including a first anode disposed in the first area (FIGS. 1/6/7/10, opaque area anode OAN, [0083]) and a second anode corresponding to the second area (FIGS. 1/6/7/10, transparent area anode TAN, [0083]); a first emission layer disposed on the first anode in the first area (FIGS. 1/6/7/10, depicting a opaque area light emitting material disposed on the opaque area anode BAN, [0083]); a second emission layer disposed on the first emission layer and the second anode in the second area (FIGS. 1/6/7/10, depicting a transparent area light emitting material disposed on the transparent area anode TAN, [0083]); and a cathode (FIGS. 1/6/7/10, cathode CA, [0083]) disposed on the second emission layer (FIGS. 1/6/7/10, depicting wherein the cathode CA is disposed on the transparent area light emitting material disposed on the transparent area anode TAN), wherein the first anode and the second anode include at least one transparent electrode layer (FIGS. 1/6/7/10, depicting wherein the opaque area anode OAN and the transparent area anode TAN include a transparent metal 142, [0088]), and wherein the first anode further includes a reflective layer (FIGS. 1/6/7/10, depicting wherein the opaque area anode OAN includes a reflective electrode 141, [0090]). Regarding claim 2, Choi further discloses wherein the second area transmits light and is a variable emission and transmission area that emits light when a voltage is applied to the second anode and the cathode (FIGS. 1/6/7/10, [0051]: “The transparent area AA1 may be implemented to be transparent so that external light travels to the inside of the camera 500. That is, the transparent area AA1 may include a plurality of emission areas, where the transparent area organic light emitting diodes for displaying an image are provided, and a plurality of transmissive areas which are provided between the plurality of emission areas and transmit external light, which is incident through a front surface of the organic light emitting display panel 100, to the camera 500 disposed on the rear surface of the organic light emitting display panel 100. In this case, each of the emission areas may be implemented to transmit a portion of the external light.”). Regarding claim 15, Choi further discloses a plurality of thin film transistors (FIGS. 1/6/7/10, opaque area driving transistor OTdr and transparent area driving transistor TTdr, [0086]) disposed on the first substrate (FIGS. 1/6/7/10, depicting wherein the opaque area driving transistor OTdr and transparent area driving transistor TTdr are disposed on the cover glass 133) and electrically connected to each of the first anode and the second anode (FIGS. 1/6/7/10, depicting wherein the opaque area driving transistor OTdr and transparent area driving transistor TTdr are electrically connected to the buffer area anode OAN and the transparent area anode TAN, respectively). 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 3-14, 16, and 17 are rejected under 35 U.S.C. § 103 as being unpatentable over Choi in view of U.S. Patent Publication No. 2022/0209154 (published June 30, 2022) (hereinafter “Kim”). Regarding claim 3, Choi does not specifically disclose wherein the second emission layer is a common layer disposed in both the first area and the second area. In the same field of endeavor, Kim discloses a display device (FIG. 6, display device 1000, [0085]) including a white light emitting device (FIGS. 2/6, organic stack OS, [0085]) and color filters (FIGS. 2/6, color filters 109R/G/B, [0058]) that is configured to emit light of different colors (FIGS. 2/6, [0058]: “In addition, in the white light emitting device according to the second aspect of the present disclosure, lights of different colors emitted from the multiple stacks S1 and S2 (or BS1, PS and BS2) may be combined to generate white light, and the subpixels may emit lights of different colors to color filters 109R, 109G and 109B (shown in FIG. 6), which are provided at emission sides of respective subpixels.”), wherein a second emission layer (FIGS. 2/6, second blue emission stack BS2 including blue emission layer BEML2 160, [0055]) is disposed on a first emission layer (FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1, [0055]), and which is a common layer disposed in each of a red, green, blue, and white subpixel (FIGS. 2/6, depicting wherein the organic stack OS including the second blue emission stack BS2 including blue emission layer BEML2 160 is disposed in each of the sub-pixels R_SP, G_SP, B_SP, and W_SP, [0095]). Regarding the white light emitting device, sub-pixels, and color filter configuration, in [0067], Kim states: “Accordingly, it is possible to increase the efficiency of blue light emission of relatively low visibility and thus to improve both emission efficiency and color temperature. The improvement of the color temperature means that rich color representation is possible, visibility is improved, and eye-friendly cool white light is realized.” Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the disclosed display apparatus of Choi by substituting white light emitting device, sub-pixels, and color filter configuration of Kim in order to improve the emission efficiency and color representation of the display apparatus. See Kim [0067]. Moreover, the substitution of the white light emitting device, sub-pixels, and color filter configuration of Kim would result in a configuration wherein the white light emitting device (Kim FIGS. 2/6, organic stack OS) is disposed in both the first area and the second area (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6; depicting wherein the organic stack OS would be disposed in each of the sub-pixels R_SP, G_SP, B_SP, and W_SP of Kim located in each of the plurality of areas including the opaque area AA3 and the transparent area AA1 of Choi just as the organic stack OS is disposed in all of the sub-pixels R_SP, G_SP, B_SP, and W_SP that comprise the entire display device 1000 of Kim). Regarding claim 4, Choi in view of Kim further discloses wherein the second emission layer emits blue light or white light (FIGS. 2/6, disclosing wherein the second blue emission stack BS2 including blue emission layer BEML2 160 emits blue light, [0055]). Regarding claim 5, Choi in view of Kim further discloses wherein the first area (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, opaque area AA3) includes a first sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, red sub-pixel R_SP), a second sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, green sub-pixel G_SP), and a third sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, blue sub-pixel B_SP), and wherein the first emission layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1) is disposed corresponding to each of the first sub-pixel, the second sub-pixel, and the third sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein phosphorescent stack PS and first blue emission stack BS1 disposed in the organic stack OS are disposed in each of the red, blue, and green sub-pixels R_SP, G_SP, and B_SP). Regarding claim 6, Choi in view of Kim further discloses wherein the first sub-pixel is a red sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, red sub-pixel R_SP), the second sub-pixel is a green sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, green sub-pixel G_SP), and the third sub-pixel is a blue sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, blue sub-pixel B_SP), and wherein the first emission layer corresponding to the first sub-pixel emits red light (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1, wherein the phosphorescent stack PS includes a first emission layer 141 which emits red light, [0035]), the first emission layer corresponding to the second sub-pixel emits green light (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1, wherein the phosphorescent stack PS includes a third emission layer 143 which emits green light, [0035]), and the first emission layer corresponding to the third sub-pixel emits blue light (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1, wherein the first blue emission stack BS1 emits blue light, [0055]). Regarding claim 7, Choi in view of Kim further discloses wherein the first area (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, opaque area AA3) further includes a fourth sub-pixel, and wherein the fourth sub-pixel is a white sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, white sub-pixel W_SP). Regarding claim 8, Choi in view of Kim further discloses a hole injection layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, first hole-transport-related common layer 1210 may further include a hole injection layer HIL 121, [0032]) disposed on the first anode (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, opaque area anode OAN) corresponding to each of the first sub-pixel, the second sub-pixel, and the third sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the hole injection layer HIL 121 disposed in the organic stack OS is disposed in each of the red, blue, and green sub-pixels R_SP, G_SP, and B_SP); a first hole transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, first hole-transport-related common layer 1210 may further include a hole transport layer HTL1 122, [0032]) disposed on the hole injection layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the hole transport layer HTL1 122 is disposed on the hole injection layer HIL 121); a first emission layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, phosphorescent stack PS and first blue emission stack BS1) disposed on the first hole transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the phosphorescent stack PS and first blue emission stack BS1 are disposed on the hole transport layer HTL1 122); and a first electron transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, electron transport layer ETL1, [0033]) disposed on the first emission layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the electron transport layer ETL1 is disposed on the phosphorescent stack PS and first blue emission stack BS1). Regarding claim 9, Choi in view of Kim further discloses a charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, charge generation layer 150, [0052]) including an n-type charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, n-type charge generation layer 151, [0052]) and a p-type charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, p-type charge generation layer 152, [0052]), wherein the n-type charge generation layer is disposed on the first electron transport layer corresponding to the first sub-pixel, the second sub-pixel, and the third sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the n-type charge generation layer 151 is disposed on the electron transport layer ETL1, wherein the organic stack OS corresponds to each of the sub-pixels R/G/B/W_SP), and wherein the p-type charge generation layer is a common layer disposed in both the first area and the second area (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the sub-pixels R/G/B/W_SP are in each of the opaque area AA3 and the transparent area AA1, and the organic stack OS is in all of the sub-pixels R/G/B/W_SP in each of the areas AA3 and AA1, and the p-type charge generation layer 152 is in the organic stack OS) on the n-type charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the p-type charge generation layer 152 is on the n-type charge generation layer 151). Regarding claim 10, to the extent claim 10 claims process limitations, the Examiner respectfully notes that claim 10 is directed to a product. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP § 2113(I) (quoting In re Thorpe, 777 F.2d 695, 698 (Fed. Cir. 1985)). Moreover, “because validity is determined based on the requirements of patentability, a patent is invalid if a product made by the process recited in a product-by-process claim is anticipated by or obvious from prior art products, even if those prior art products are made by different processes.” MPEP § 2113(I) (quoting Amgen Inc. v. F. Hoffmann-La Roche Ltd., 580 F.3d 1340, 1370 n. 14 (Fed. Cir. 2009). In the instant case, the claimed process step wherein “wherein each of the hole injection layer, the first hole transport layer, the first emission layer, the first electron transport layer, and the n-type charge generation layer is prepared through a solution process” does not appear to impart or imply any distinctive structural characteristics to the final display device, and the claimed display device product is capable of definition other than by the process steps by which it is made. See MPEP § 2113(I) (citing In re Garnero, 412 F.2d 276 (CCPA 1979) and In re Nordt Dev. Co., 881 F.3d 1371, 1375-76 (Fed. Cir. 2018)). Accordingly, the claimed process step wherein “wherein each of the hole injection layer, the first hole transport layer, the first emission layer, the first electron transport layer, and the n-type charge generation layer is prepared through a solution process” has not been given any patentable weight, insofar as claim 10 claims a process, technique, or steps of a solution process of preparing the layers. Because Choi in view of Kim discloses each of the structures of claim 10, detailed in the above rejection of claims 8 and 9, claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view Kim. Regarding claim 11, Choi in view of Kim further discloses wherein the p-type charge generation layer is disposed on the n-type charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the p-type charge generation layer 152 is disposed on the n-type charge generation layer 151), the first anode corresponding to the fourth sub-pixel (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the sub-pixels R/G/B/W_SP are in each of the opaque area AA3 and the transparent area AA1, including each of the anodes OAN and TAN, and the organic stack OS is in all of the sub-pixels R/G/B/W_SP in each of the areas AA3 and AA1, and the p-type charge generation layer 152 is in the organic stack OS) and the second anode (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the sub-pixels R/G/B/W_SP are in each of the opaque area AA3 and the transparent area AA1, including each of the anodes OAN and TAN, and the organic stack OS is in all of the sub-pixels R/G/B/W_SP in each of the areas AA3 and AA1, and the p-type charge generation layer 152 is in the organic stack OS). Regarding claim 12, Choi in view of Kim further discloses a second hole transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, hole transport layer HTL4, [0062]) disposed on the p-type charge generation layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the hole transport layer HTL4 is disposed on the p-type charge generation layer 152); a second emission layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, second blue emission stack BS2 including blue emission layer BEML2 160) disposed on the second hole transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the blue emission layer BEML2 160 is disposed on the hole transport layer HTL4); a second electron transport layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, electron transport layer ETL3 129, [0061]) disposed on the second emission layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the electron transport layer ETL3 129 is disposed on the blue emission layer BEML2 160). Choi in view of the FIG. 2 embodiment of Kim does not specifically disclose an electron injection layer disposed on the second electron transport layer. In the same field of endeavor, the FIG. 1 embodiment of Kim discloses an electron injection layer (FIG. 1, common layer ETL2 1240 including an electron injection layer, [0033]: “In addition, the second electron-transport-related common layer 1240 may further include an electron injection layer”) disposed on a second electron transport layer (FIG. 1, common layer ETL2 including an electron transport layer, [0033]: “Each of the first and second electron-transport-related common layers 1220 and 1240 is a layer related to the transport of electrons and the rate of supply of electrons to an adjacent emission layer, and may include at least one of an electron transport layer”). Regarding the electron injection layer, in [0033], Kim states: “In addition, the second electron-transport-related common layer 1240 may further include an electron injection layer, which is in contact with the second electrode 200 and lowers interfacial resistance when electrons are injected from the second electrode 200.” Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the disclosed display apparatus of Choi and FIG. 2 of Kim by adding the electron injection layer of the common layer 1240 of the FIG. 1 embodiment of Kim such that the electron injection layer is disposed on the electron transport layer ETL3 of the FIG. 2 embodiment in order to lower interfacial resistance when electrons are injected from the electrode. See Kim [0033]. Regarding claim 13, to the extent claim 13 claims process limitations, the Examiner respectfully notes that claim 13 is directed to a product. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP § 2113(I) (quoting In re Thorpe, 777 F.2d 695, 698 (Fed. Cir. 1985)). Moreover, “because validity is determined based on the requirements of patentability, a patent is invalid if a product made by the process recited in a product-by-process claim is anticipated by or obvious from prior art products, even if those prior art products are made by different processes.” MPEP § 2113(I) (quoting Amgen Inc. v. F. Hoffmann-La Roche Ltd., 580 F.3d 1340, 1370 n. 14 (Fed. Cir. 2009). In the instant case, the claimed process step wherein “wherein the p-type charge generation layer, the second hole transport layer, the second emission layer, the second electron transport layer and the electron injection layer are prepared through a deposition process” does not appear to impart or imply any distinctive structural characteristics to the final display device, and the claimed display device product is capable of definition other than by the process steps by which it is made. See MPEP § 2113(I) (citing In re Garnero, 412 F.2d 276 (CCPA 1979) and In re Nordt Dev. Co., 881 F.3d 1371, 1375-76 (Fed. Cir. 2018)). Accordingly, the claimed process step wherein “wherein the p-type charge generation layer, the second hole transport layer, the second emission layer, the second electron transport layer and the electron injection layer are prepared through a deposition process” has not been given any patentable weight, insofar as claim 13 claims a process, technique, or steps of a deposition process of preparing the layers. Because Choi in view of Kim discloses each of the structures of claim 13, detailed in the above rejection of claims 9 and 12, claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view Kim. Regarding claim 14, Choi in view of Kim further discloses a second substrate (Choi FIGS. 1/6/7/10, substrate 121, [0083]) disposed to face the first substrate (Choi FIGS. 1/6/7/10, depicting wherein the substrate 121 is disposed to face the cover glass 133); and a color filter layer (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, color filters 109R/G/B) disposed on one surface of the second substrate which faces the first substrate (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the color filters 109R/G/B would be disposed on one surface of the substrate 121 which faces the cover glass 133), wherein the color filter layer includes a plurality of color filters corresponding to the first sub-pixel, the second sub-pixel, and the third sub-pixel, respectively (Choi FIGS. 1/6/7/10; Kim FIGS. 2/6, depicting wherein the color filters 109R/G/B correspond to the red, blue, and green sub-pixels R/G/B_SP, respectively). Regarding claim 16, Choi in view of Kim further discloses wherein the first sub-pixel, the second sub-pixel and the third sub-pixel are disposed to be spaced apart from each other along a first direction (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, depicting wherein each of the red, green, and blue sub-pixels R_SP, G_SP, and B_SP in the opaque area AA3 would be disposed to be spaced apart from each other along a first direction), and wherein the variable emission and transmission area is disposed in a second direction transverse to the first direction to be spaced apart from the first sub-pixel, the second sub-pixel, and the third sub-pixel (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, depicting wherein the transparent area AA1 is disposed in a second direction transverse to the first direction to be spaced apart from each of the red, green, and blue sub-pixels R_SP, G_SP, and B_SP). Regarding claim 17, Choi in view of Kim further discloses wherein the variable emission and transmission area is disposed in a second direction perpendicular to the first direction to be spaced apart from the first sub-pixel, the second sub-pixel, and the third sub-pixel (Kim FIGS. 2/6; Choi FIGS. 1/6/7/10, depicting wherein the transparent area AA1 is disposed in a second direction perpendicular to the first direction to be spaced apart from each of the red, green, and blue sub-pixels R_SP, G_SP, and B_SP). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Patent Publication Nos. 2014/0084256 (published Mar. 27, 2014); 2015/0349285 (filed May 29, 2015); 2013/0187132 (filed Dec. 18, 2012); 2015/0144926 (published May 28, 2015). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D WEILAND whose telephone number is (703)756-4760. The examiner can normally be reached Monday - Friday 9am-5pm. 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 Gauthier can be reached at (571)270-0373. 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. /ADAM D WEILAND/ Examiner, Art Unit 2813 /SHAHED AHMED/Primary Examiner, Art Unit 2813
Read full office action

Prosecution Timeline

May 26, 2023
Application Filed
Dec 29, 2025
Non-Final Rejection — §102, §103, §112
Apr 06, 2026
Response Filed

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Prosecution Projections

1-2
Expected OA Rounds
96%
Grant Probability
99%
With Interview (+5.6%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 27 resolved cases by this examiner. Grant probability derived from career allow rate.

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