Prosecution Insights
Last updated: April 19, 2026
Application No. 18/621,865

ELECTRO-OPTIC DEVICE WITH BARRIER PROPERTIES

Non-Final OA §103
Filed
Mar 29, 2024
Examiner
STANFORD, CHRISTOPHER J
Art Unit
2872
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Gentex Corporation
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
3y 6m
To Grant
81%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
394 granted / 716 resolved
-13.0% vs TC avg
Strong +26% interview lift
Without
With
+26.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
66 currently pending
Career history
782
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 716 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 6/28/2024 and 7/15/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 10 is objected to because of the following informalities: there is a typographic error in the transmission rate expression, which should be expressed as “cm3/m2/day/atm”. Appropriate correction is required. 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 1-6, 8-9, 12-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Pat. No. 6,407,847 to Poll et al. (hereinafter Poll) in view of CN115421333 to Fan, et al. (hereinafter Fan). Regarding claims 1 and 13, Poll discloses an electro-optic element (Figs. 6-7) comprising: a first substrate (“a second transparent substrate 210 having a transparent electrode layer 212 formed thereon”, unlabeled in Figs. 6-7) having a first surface (top, Figs. 6-7) and a second surface (bottom, Figs. 6-7) and defining a first perimeter (left portion of substate 210 and/or electrode 212, Figs. 6-7), Figs. 6-7) extending between the first and second surfaces; a second substrate (“a transparent electrode layer 204 that is formed on a transparent substrate 202”, unlabeled in Figs. 6-7) having a third surface (top, Figs. 6-7) and a fourth surface (bottom, Figs. 6-7) and defining a second perimeter (left portion of substate 202 and/or electrode 204, Figs. 6-7) extending between the third and fourth surfaces, wherein an opening (fill hole 214, Fig. 6-7) is defined by and extending through one of the first and second substrates; a sealing member (seal gasket 206, Figs. 6-7) adhered between the second and third surfaces and spacing apart the first and second substrates to define a chamber within the first and second substrates and the sealing member, the sealing member having a first exposed surface exterior to the chamber and adjacent the first and second perimeters (left or right of seal gasket 206, Fig. 6-7); an electro-optic medium disposed within the chamber; a plug (“a ball 216 may subsequently be inserted into fill hole 214 after filling has been completed (see FIG. 6D). The chosen shape of fill hole 214 serves to prevent plug 216 from falling through substrate 210 into chamber 215 and allows for the plug to have a preformed shape, such as spherical, conical, etc.”; col. 14, ln. 61-col. 15, ln. 45) disposed within the opening, the plug defining a second exposed surface (top, Fig. 6-7); and a coating applied over the second exposed surfaces (transparent member 220, Fig. 6-7). Poll discloses the claimed invention as cited above though does not explicitly disclose: a coating applied over the first and at least one of the first and fourth surfaces. Fan discloses: a coating applied over the first and the second surface and at least one of the first and fourth surfaces (“the LCOS package structure further comprises a black shielding layer 40, the black shielding layer 40 is covered on the outer surface of the dam 13” and “Of course, the black shielding layer 40 may also be provided on the LCOS package structure shown in FIG. 4 and FIG. 5”, Figs. 5, 6-8). In the embodiment having a plugged opening (Fig. 5) there is no black shielding layer, however an discloses that the embodiment with the plugged opening may have a black shielding layer. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a coating over an electrooptical structure as claimed and as taught by Fan with the system as disclosed by Poll. The motivation would have been to improve optical performance by reducing stray reflections (“the outer surface of the dam, the dam is connected with the ceramic substrate of the welding pad and the metal layer is further covered with a black shielding layer, so as to avoid the metal caused by the stray light reflection or scattering, improving the imaging quality.”). Regarding claims 2 and 14, Poll discloses wherein at least one of the first substrate and the second substrate is transparent (second transparent substrate 220, Fig. 6-7). Regarding claims 3 and 14, Poll discloses wherein at least one of the first surface and the fourth surface is generally smooth so as to exhibit light-reflective properties (Figs. 6-7). Regarding claim 4, Poll discloses wherein at least one of the first substrate and the second substrate is rigid (first and second transparent substrates 202 and 220, Figs. 6-7). Regarding claim 5, Poll discloses at least one of the first substrate and the second substrate is glass (“Member 220 may be made of Mylar or a glass microscope slide slip cover”). Regarding claims 6 and 16, Poll discloses the claimed invention as cited above though does not explicitly disclose: the coating is a conformal coating having anti-reflective properties. Fan discloses the coating is a conformal coating having anti-reflective properties (“ the LCOS package structure further comprises a black shielding layer 40, the black shielding layer 40 is covered on the outer surface of the dam 13” and “Of course, the black shielding layer 40 may also be provided on the LCOS package structure shown in FIG. 4 and FIG. 5”, Figs. 5, 6-8). In the embodiment having a plugged opening (Fig. 5) there is no black shielding layer, however an discloses that the embodiment with the plugged opening may have a black shielding layer. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a coating over an electrooptical structure as claimed and as taught by Fan with the system as disclosed by Poll. The motivation would have been to improve optical performance by reducing stray reflections (“the outer surface of the dam, the dam is connected with the ceramic substrate of the welding pad and the metal layer is further covered with a black shielding layer, so as to avoid the metal caused by the stray light reflection or scattering, improving the imaging quality.”). Regarding claim 8, Poll discloses the conformal coating defines a chemical barrier over at least portions of the electro-optic element (“Member 220 is preferably dimensioned to be sufficiently larger than the opening of fill hole 214 so as to increase the path that oxygen or moisture would need to travel to enter the device through fill hole 214”). Regarding claims 9 and 17, Poll discloses though does not explicitly disclose the chemical barrier extends at least over the first and second exposed surfaces and over a first interface between the first perimeter and the first exposed surface, a second interface between the second perimeter and the first exposed surface, and a third interface between the one of the first and second substrates through which the opening extends and the second exposed surface. Fan discloses the chemical barrier (“the material of the black shielding layer 40 comprises a black matrix, black paint or black adhesive tape”) extends at least over the first and second exposed surfaces (surface of dam 13 and sealing plug 31, Fig. 6-7) and over a first interface (Figs. 6-7) between the first perimeter and the first exposed surface, a second interface (Figs. 6-7) between the second perimeter and the first exposed surface, and a third interface (Figs. 6-7) between the one of the first and second substrates through which the opening extends and the second exposed surface Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a coating over an electrooptical structure as claimed and as taught by Fan with the system as disclosed by Poll. The motivation would have been to improve optical performance by reducing stray reflections (“the outer surface of the dam, the dam is connected with the ceramic substrate of the welding pad and the metal layer is further covered with a black shielding layer, so as to avoid the metal caused by the stray light reflection or scattering, improving the imaging quality.”). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a coating over an electrooptical structure as claimed and as taught by Fan with the system as disclosed by Poll. The motivation would have been to improve optical performance by reducing stray reflections (“the outer surface of the dam, the dam is connected with the ceramic substrate of the welding pad and the metal layer is further covered with a black shielding layer, so as to avoid the metal caused by the stray light reflection or scattering, improving the imaging quality.”). Regarding claims 12 and 17, Poll discloses a first conductive bus disposed on one of the second or third surfaces in contact with the electro-optic medium (electrode 212, Figs. 6-7); and a first terminal (bus clip 40a, Figs. 6-7) electrically connected with the first conductive bus and exposed on an exterior of the electro-optic element and uncovered by the coating. Regarding claim 13, Poll discloses the apparatus of claim 1 as it substantially overlaps with the limitations of the method claim and the teachings are self-evident as obviating the method. Further, Fan discloses exposing an in-process unit to an atomic layer deposition process (black paint and coating embodiments). Regarding claim 15, Poll discloses after exposing the in-process unit to the atomic layer deposition process, the at least one of the first substrate and the second substrate retains a transparent appearance (transparent substrates 202 and 220, Figs. 6-7), and the at least one of the first surface and the fourth surface exhibits non-reflective properties (transparent substrates 202 and 220, Figs. 6-7). Regarding claim 20, Poll discloses the electro-optic device of claim 1 and the limitations therein. Fan discloses a conformal coating having anti-reflective properties applied over the first exposed surface and at least one of the first and fourth surfaces (“the LCOS package structure further comprises a black shielding layer 40, the black shielding layer 40 is covered on the outer surface of the dam 13” and “Of course, the black shielding layer 40 may also be provided on the LCOS package structure shown in FIG. 4 and FIG. 5”, Figs. 5, 6-8). In the embodiment having a plugged opening (Fig. 5) there is no black shielding layer, however an discloses that the embodiment with the plugged opening may have a black shielding layer. Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to provide a coating over an electrooptical structure as claimed and as taught by Fan with the system as disclosed by Poll. The motivation would have been to improve optical performance by reducing stray reflections (“the outer surface of the dam, the dam is connected with the ceramic substrate of the welding pad and the metal layer is further covered with a black shielding layer, so as to avoid the metal caused by the stray light reflection or scattering, improving the imaging quality.”). Claims 10, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Poll in view of Fan, as applied to claims 1, 6 and 13, and further in view of US Pat. No. 9,766,528 to Kloeppner et al. (hereinafter Kloeppner). Regarding claim 10, Poll discloses the claimed invention as cited above though does not explicitly disclose the chemical barrier has an oxygen transmission rate that is less than 10−2 cm3/m2/day/atm. Kloeppner discloses the chemical barrier has an oxygen transmission rate that is less than 10−2 cm3/m2/day/atm (col. 6, ll. 26-41). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to providing an oxygen barrier as taught by Kloeppner with the system as disclosed by Poll. The motivation would have been to minimize or prevent the incursion of the gas into the device (col. 6, ll. 26-41). Regarding claims 11 and 19, Poll discloses the claimed invention as cited above though does not explicitly disclose the coating is applied by an atomic layer deposition process and has a thickness of at least about 100 nm. Kloeppner discloses the coating is applied by an atomic layer deposition process and has a thickness of at least about 100 nm (Col. 22, ll. 14-47). Before the effective filing date of the invention, it would have been obvious to a person of ordinary skill in the art to providing thin layers as taught by Kloeppner with the system as disclosed by Poll. The motivation would have been to enhance the device robustness (Col. 22, ll. 14-47). Allowable Subject Matter Claims 7 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, taken alone or in combination with other references, neither teaches nor suggests ”wherein the conformal coating having anti-reflective properties is transparent” (Claim 6) nor “the in-process unit further includes: a first conductive bus disposed on one of the second or third surfaces in contact with the electro-optic medium; a first terminal electrically connected with the first conductive bus and exposed on an exterior of the electro-optic element; and a mask applied over a portion of the first terminal; and the method further includes removing the mask after exposing the in-process unit to the atomic layer deposition process such that at least a portion of the first terminal is uncovered by the coating” (Claim 18). Pertinent Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cited prior art relates specifically to electro-optical structures having plugs and cover layers applied on or near the plugs. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J STANFORD whose telephone number is (571)270-3337. The examiner can normally be reached 8AM-4PM PST M-F. 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, Ricky Mack can be reached at (571)272-2333. 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. /CHRISTOPHER STANFORD/Primary Examiner, Art Unit 2872
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Prosecution Timeline

Mar 29, 2024
Application Filed
Jan 31, 2026
Non-Final Rejection — §103 (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

1-2
Expected OA Rounds
55%
Grant Probability
81%
With Interview (+26.2%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 716 resolved cases by this examiner. Grant probability derived from career allow rate.

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