Prosecution Insights
Last updated: April 19, 2026
Application No. 18/597,780

DISPLAY DEVICE

Non-Final OA §103
Filed
Mar 06, 2024
Examiner
GROSS, ALEXANDER P
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
E Ink Holdings Inc.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
2y 6m
To Grant
79%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
318 granted / 545 resolved
-9.7% vs TC avg
Strong +21% interview lift
Without
With
+20.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
572
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 545 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 . 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. Claim(s) 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Ishihara (US Pub. 20010024253) in view of Ishii et al. (US Pub. 20150177876). As per claim 1, Ishihara teaches (in figures 9 and 10) a display device, comprising: a display panel (liquid crystal panel 1); a plurality of color blocks (red 8R, blue 8B, and green 8G color filters) with different colors, distributed on the display panel. Ishihara does not teach a touch panel, disposed on the color blocks with different colors; and at least one birefringent material layer, disposed between the color blocks with different colors and the touch panel, wherein after passing through the birefringent material layer, a light from the color blocks with different colors is divided into an ordinary light and an extraordinary light laterally shifted by a distance from the ordinary light. However, Ishii teaches (in figure 2) providing a touch panel (cover layer 28, adhesive layer 25, and upper electrodes 40) disposed on a display panel (image display mechanism 12); and at least one birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74), disposed between the display panel and the touch panel, wherein after passing through the birefringent material layer, a light from the display panel is divided into an ordinary light and an extraordinary light laterally shifted by a distance from the ordinary light (paragraph 83 teaches forming the slow axis of the birefringent material to be at an angle to the absorption axis of the polarizer which will result in double refraction and extraordinary light laterally shifted by a distance from the ordinary light) in order to provide touch functionality while preventing a rainbow pattern (see paragraphs 67 and 74). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the touch panel and birefringent material layer from Ishii in the device of Ishihara in order to provide touch functionality while preventing a rainbow pattern. As per claim 2, Ishihara in view of Ishii teaches that a phase difference of the birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74 from Ishii) is greater than 15 nanometers (see paragraph 74 in Ishii which teaches a retardation not less than 6000 nm). As per claim 3, Ishihara in view of Ishii teaches a light guide plate (light guide panel 32/33 in Ishihara) disposed between the color blocks of different colors (red 8R, blue 8B, and green 8G color filters in Ishihara) and the birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74 from Ishii). As per claim 4, Ishihara in view of Ishii teaches that the light guide plate (light guide panel 32/33 in Ishihara) has a first surface (upper surface) facing the birefringent material layer (substrates 35 from Ishii), and a second surface (bottom surface) facing the color blocks of different colors (red 8R, blue 8B, and green 8G color filters in Ishihara), as well as a light incident surface (surface of light guide panel 32/33 facing light source 22 in Ishihara) connecting the first surface and the second surface, and the light source (light source 22 in Ishihara) is disposed beside the light incident surface and emits a light toward the light incident surface. As per claim 5, Ishihara in view of Ishii teaches that there are metal grids (electrodes 40 from Ishii) on a surface of the touch panel. As per claim 6, Ishihara in view of Ishii teaches that the color blocks of different colors (red 8R, blue 8B, and green 8G color filters in Ishihara) comprise a plurality of red color blocks, a plurality of green color blocks, and a plurality of blue color blocks arranged alternately. As per claim 7, Ishihara in view of Ishii teaches that the at least one birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74 from Ishii) is a plurality of birefringent material layers (Ishii teaches two substrates 35) stacked from the color blocks of different colors (red 8R, blue 8B, and green 8G color filters in Ishihara) to the touch panel (cover layer 28, adhesive layer 25, and upper electrodes 40 from Ishii). As per claim 8, Ishihara in view of Ishii teaches that the display panel is provided with an electrode layer (common transparent electrode 12a in Ishihara) on one side close to the touch panel (cover layer 28, adhesive layer 25, and upper electrodes 40 from Ishii), and the color blocks of different colors (red 8R, blue 8B, and green 8G color filters in Ishihara) directly contact the electrode layer. As per claim 9, Ishihara in view of Ishii teaches that the birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74 from Ishii) is disposed between the touch panel (cover layer 28, adhesive layer 25, and upper electrodes 40 from Ishii) and the light guide plate (light guide panel 32/33 in Ishihara), and directly contacts the light guide plate (see paragraph 61 in Ishii). As per claim 10, Ishihara in view of Ishii teaches that the birefringent material layer (substrates 35, adhesive layer 24, lower electrodes 40, and lower adhesive connected to the display panel see paragraphs 61 and paragraph 74 from Ishii) directly contacts the touch panel (cover layer 28, adhesive layer 25, and upper electrodes 40 from Ishii). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bao (CN 106569368) is cited for teaching (in figure 6) a display device, comprising: a electrophoretic display panel (400a); a plurality of color blocks (421-243) with different colors, distributed on the electrophoretic display panel. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER P GROSS whose telephone number is (571)272-5660. The examiner can normally be reached Monday-Friday 9am-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, Jennifer Carruth can be reached at (571) 272-9791. 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. /ALEXANDER P GROSS/ Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Mar 06, 2024
Application Filed
Mar 03, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601901
DETECTION DEVICE FOR A LASER SCANNING MICROSCOPE
2y 5m to grant Granted Apr 14, 2026
Patent 12601907
REFLECTOR SCANNER
2y 5m to grant Granted Apr 14, 2026
Patent 12596273
ELECTRONIC DEVICE
2y 5m to grant Granted Apr 07, 2026
Patent 12596280
OPTICAL ELEMENT
2y 5m to grant Granted Apr 07, 2026
Patent 12587618
Display device with uniform off-axis luminance reduction
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
58%
Grant Probability
79%
With Interview (+20.9%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 545 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month