Prosecution Insights
Last updated: August 14, 2026
Application No. 18/654,432

OPTICALLY ACTIVE STRUCTURES AND PROCESSES FOR PREPARING AND DEVICES THEREOF

Non-Final OA §102§103
Filed
May 03, 2024
Examiner
ANYA, IGWE U
Art Unit
Tech Center
Assignee
Edison Innovaions LLC
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
809 granted / 953 resolved
+24.9% vs TC avg
Minimal -5% lift
Without
With
+-4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
19 currently pending
Career history
964
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
36.4%
-3.6% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 953 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 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 – 3, 5 – 10, 12 – 17 and 22 – 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doherty et al. (US 2021/0317326). (Claim 1) Doherty et al. teach a device comprising: a patterned surface (5); wherein the patterned surface comprises a plurality of pattern elements (5), a plurality of LED light sources (2) each optically coupled and/or radiationally connected to at least one pattern element of the plurality of pattern elements (5), and wherein the plurality of pattern elements (5) comprise at least one optically active material (6, paragraph 110) and a photoresist material (7, paragraph 110, binder material, paragraphs 58, 61, 88, 170). (Claim 2) Doherty et al. teach wherein the patterned surface comprises a patterned film (5, paragraph 110). (Claim 3) Doherty et al. teach wherein at least one pattern element (5) of the plurality of patterned elements are sized less than or equal to 250 microns (paragraph 96). (Claim 5) Doherty et al. teach wherein the plurality of LED light sources comprise mini-LEDs (paragraphs 3, 116). (Claim 6) Doherty et al. teach wherein at least one pattern element (5) of the plurality of patterned elements are sized less than or equal to 50 microns (paragraph 96). (Claim 7) Doherty et al. teach wherein the at least one optically active material (6, phosphor) has a D50 particle size from about 0.5 microns to about 3 microns (paragraph 25). (Claim 8) Doherty et al. teach wherein the plurality of LED light sources comprise micro-LEDs (paragraphs 3, 116). (Claim 9) Doherty et al. teach wherein each of the plurality of LED light sources comprise a UV emitting LED or a blue emitting LED (paragraph 116). (Claim 10) Doherty et al. teach a patterned film comprising: at least one optically active material (6, phosphor, paragraph 110) and a photoresist material (7, paragraph 110, binder material, paragraphs 58, 61, 88, 170), the patterned film (5) comprising a plurality of film elements (5) sized less than or equal to 250 microns (paragraph 96). (Claim 12) Doherty et al. teach wherein the plurality of film elements are sized less than or equal to 50 microns (paragraph 96). (Claim 13) Doherty et al. teach wherein the at least one optically active material has a D50 particle size from about 0.5 microns to about 3 microns (paragraph 25). (Claim 14) Doherty et al. teach wherein the at least one optically active material comprises at least one of a phosphor material, a luminescent material, or a scattering aid (paragraph 88). (Claim 15) Doherty et al. teach wherein the at least one optically active material comprises a phosphor material, the phosphor material comprising a Mn4+ doped phosphor of formula 1, Ax[MFy]:Mn4+   ; where A is Li, Na, K, Rb, Cs, or a combination thereof; M is Si, Ge, Sn, Ti, Zr, Al, Ga, In, Sc, Y, La, Nb, Ta, Bi, Gd, or a combination thereof; x is the absolute value of the charge of the [MFy] ion; and y is 5, 6 or 7 (paragraph 45). (Claim 16) Doherty et al. teach wherein the Mn4+ phosphor of formula I is K2SiF6:Mn4+ or Na2[SiF6]:Mn4+ (paragraph 45). (Claim 17) Doherty et al. teach a method comprising: depositing a composition onto a substrate (3) comprising a plurality of light sources (2), wherein the composition comprises at least one optically active material (6, paragraph 110) and a photoresist material (7, paragraph 110, binder material, paragraphs 58, 61, 88, 170), and exposing (paragraph 61) at least one portion of the composition to light to create a patterned film comprising a plurality of film elements sized less than or equal to 250 microns (paragraph 96). (Claim 22) Doherty et al. teach wherein the at least one optically active material 6) has a D50 particle size from about 0.5 microns to about 3 microns (paragraph 25). (Claim 23) Doherty et al. teach wherein the at least one optically active material comprises at least one of a phosphor material, a luminescent material, or a scattering aid (paragraph 88). (Claim 24) Doherty et al. teach wherein the at least one optically active material comprises a phosphor material, the phosphor material comprising a Mn4+ doped phosphor of formula 1, Ax[MFy]:Mn4+   I where A is Li, Na, K, Rb, Cs, or a combination thereof; M is Si, Ge, Sn, Ti, Zr, Al, Ga, In, Sc, Y, La, Nb, Ta, Bi, Gd, or a combination thereof; x is the absolute value of the charge of the [MFy] ion; and y is 5, 6 or 7 (paragraph 45). (Claim 25) Doherty et al. teach wherein the Mn4+ phosphor of formula I is K2SiF6:Mn4+ or Na2[SiF6]:Mn4+ (paragraph 45). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 4, 11, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Doherty et al. (US Patent 2021/0317326). (Claim 4) Doherty et al. lack wherein the at least one optically active material has a D50 particle size from about 0.5 microns to about 20 microns. However, Doherty et al. teach wherein the at least one optically active material (6, phosphor) has a D50 particle size from about 0.1 microns to about 15 microns (paragraph 25) for the benefit of achieving high color quality lighting and displays (paragraph 28). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2104.05 (I). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the range for the benefit of achieving high color quality lighting and displays. (Claim 11) Doherty et al. lack wherein the at least one optically active material has a D50 particle size from about 0.5 microns to about 20 microns (paragraph 25). However, Doherty et al. teach wherein the at least one optically active material (6, phosphor) has a D50 particle size from about 0.1 microns to about 15 microns (paragraph 25) for the benefit of achieving high color quality lighting and displays (paragraph 28). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2104.05 (I). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the reference for the benefit of achieving high color quality lighting and displays. (Claim 20) Doherty et al. teach wherein the at least one optically active material (6) has a D50 particle size from about 0.5 microns to about 20 microns (paragraph 25). (Claim 21) Doherty et al. teach wherein the patterned film comprises a plurality of film elements (5) sized less than or equal to 50 microns (paragraph 96). Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Doherty et al. (US Patent 2021/0317326) in view of Wyatt (US 2021/0097943). (Claim 18) Doherty et al. lack wherein the light is ultraviolet (UV) light. However, Wyatt teaches wherein the light is ultraviolet (UV) light (paragraph 649) for the benefit of color rendering in an eye-safe manner (paragraph 646). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the reference for the benefit of color rendering in an eye-safe manner. (Claim 19) Doherty et al. lack the method, further comprising placing a photolithographic mask over the composition before exposing the at least one portion of the composition to light. However, Wyatt et al. teach the method, further comprising placing a photolithographic mask over the composition before exposing the at least one portion of the composition to light (paragraph 649) for the benefit of color rendering in an eye-safe manner (paragraph 646). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the reference for the benefit of color rendering in an eye-safe manner. Allowable Subject Matter Claims 26 – 30 are allowable, because prior art does not render obvious: (Claim 26) where the at least one first solvent comprises a first boiling point and a first surface tension, where the at least one second solvent comprises a second boiling point and a second surface tension, and where the first boiling point is less than the second boiling point and the first surface tension is higher than the second surface tension.. Conclusion Prior art made of record and not relied upon, considered pertinent to applicant's disclosure are listed in PTO – 892 Form. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to IGWE U ANYA whose telephone number is (571)272-1887. The examiner can normally be reached 8:00 AM - 6:00 PM. 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, Matthew Landau can be reached at (571) 272- 1731. 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. /IGWE U ANYA/ Primary Examiner, Art Unit 2891 July 21, 2026
Read full office action

Prosecution Timeline

May 03, 2024
Application Filed
Jun 04, 2024
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §102, §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
85%
Grant Probability
80%
With Interview (-4.8%)
2y 6m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 953 resolved cases by this examiner. Grant probability derived from career allowance rate.

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