Prosecution Insights
Last updated: July 17, 2026
Application No. 18/673,326

ELECTRO-OPTICAL DEVICE AND ELECTRONIC APPARATUS

Non-Final OA §102
Filed
May 24, 2024
Priority
May 25, 2023 — JP 2023-086312
Examiner
NGUYEN, DAO H
Art Unit
Tech Center
Assignee
Seiko Epson Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1152 granted / 1261 resolved
+31.4% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
29 currently pending
Career history
1288
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
51.7%
+11.7% vs TC avg
§112
1.7%
-38.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1261 resolved cases

Office Action

§102
CTNF 18/673,326 CTNF 78914 DETAILED ACTION 07-03-aia AIA 15-10-aia 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This Office Action is in response to the communications dated 05/24/2024. Claims 1-6 are pending in this application. Acknowledges 2. Receipt is acknowledged of the following items from the Applicant. Information Disclosure Statement (IDS) filed on 05/24/2024. The references cited on the PTOL 1449 form have been considered. Applicant is requested to cite any relevant prior art if being aware on form PTO-1449 in accordance with the guidelines set for in M.P.E.P. 609. Foreign Priority 02-26 AIA 3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Specification 06-31 AIA 4. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 5. 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA 6. Claim s 1-6 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Koshihara et al. (US 2015/0060807) Regarding claim 1, Koshihara discloses an electro-optical device, comprising: a transflective first electrode 33 (see fig. 13, and para. 0137; see also paras. 0083-0084) ; a first reflective layer 14 (paras. 0120-0121) ; a first pixel electrode 31R and/or 106R provided between the first electrode 33 and the first reflective layer 14; a second reflective layer 14; a second pixel electrode 31B and/or 106B (or second pixel electrode 31G and/or 106G) provided between the first electrode 33 and the second reflective layer 14; a light-emitting layer 32 provided between the first electrode 33, and the first pixel electrode 31R/106R and the second pixel electrode 31B/106B (or 31G/106G) ; and an insulating layer 28 provided between the first pixel electrode 31R/106G and the first reflective layer 14, wherein the insulating layer 28 extends from the first pixel electrode 31R/106R and between the first pixel electrode 31R/106R and the second pixel electrode 31B/106B (or 31G/106G) in plan view, and a surface of the insulating layer 28 on the light-emitting layer side 32 includes a plurality of steps between the first pixel electrode 31R/106R and the second pixel electrode 31B/106B (or 31G/106G) in plan view. Regarding claim 2, Koshihara discloses the electro-optical device according to claim 1, wherein the light-emitting layer 32 overlapping the first electrode 33 and the first pixel electrode 31R/106R in plan view emits red light R, and the light-emitting layer overlapping the first electrode 33 and the second pixel electrode 31B/106B in plan view emits blue light B. See fig. 13. Regarding claim 3, Koshihara discloses the electro-optical device according to claim 1, wherein the insulating layer 28 includes a first optical distance adjustment layer 25 provided between the first pixel electrode 31R/106R and the first reflective layer 14, and provided in a first region extending from the first pixel electrode 31R/106R and between the first pixel electrode 31R/106R and the second pixel electrode 31B/106B (or 31G/106G) in plan view, and a second optical distance adjustment layer 61 provided on the first pixel electrode side 31R/106R of the first optical distance adjustment layer, and provided spanning from the first pixel electrode 31R/106R to a second region extending closer to the second pixel electrode side 31b/106B (or 31G/106G) than the first region in plan view. See fig. 13. Regarding claim 4, Koshihara discloses the electro-optical device according to claim 1, wherein the insulating layer 28 includes a first step and a second step, the first step is formed closer to the first pixel electrode side than an intermediate position between the first pixel electrode and the second pixel electrode in plan view, and the second step is formed closer to the second pixel electrode side than the intermediate position in plan view, and is formed closer to the second reflective layer side than the first step in a thickness direction. See fig. 13. Regarding claim 5, Koshihara discloses the electro-optical device according to claim 1, wherein the insulating layer 28 includes a first step and a second step, and the first step and the second step are provided between the first reflective layer 14 and the second reflective layer 14 in plan view. See fig. 13. Regarding claim 6, Koshihara discloses an electronic apparatus 200 comprising the electro-optical device according to claim 1. See fig. 13 . 07-15 AIA 7. Claim s 1-6 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Murata (US 2015/0228930) Regarding claim 1, Murata discloses an electro-optical device, comprising: a transflective first electrode 37 (see fig. 3, and para. 0087); a first reflective layer 32 (para. 0093); a first pixel electrode 34 (in the R pixel 11R region) provided between the first electrode 37 and the first reflective layer 32; a second reflective layer 32 (the first reflective layer 32 is overlapped with the first pixel electrode 34 in the R pixel 11R region, the second reflective layer 32 is overlapped with a second pixel electrode 34 in B pixel 11B region; the instant claim language does not require the first reflective layer to be separate and/or different from the second reflective layer) ; a second pixel electrode 34 (in the B pixel 11B region) provided between the first electrode 37 and the second reflective layer 32; a light-emitting layer 36 provided between the first electrode 37, and the first pixel electrode 34 and the second pixel electrode 34; and an insulating layer 33 (33-1, 33-2, 33-3) provided between the first pixel electrode 34 and the first reflective layer 32, wherein the insulating layer 33 extends from the first pixel electrode 34 and between the first pixel electrode 34 and the second pixel electrode 34 in plan view, and a surface of the insulating layer 33 on the light-emitting layer side 36 includes a plurality of steps (interfacing with insulating film 35, see para. 0078) between the first pixel electrode 34 and the second pixel electrode 34 in plan view. Regarding claim 2, Murata discloses the electro-optical device according to claim 1, wherein the light-emitting layer 36 overlapping the first electrode 37 and the first pixel electrode 34 in plan view emits red light R, and the light-emitting layer 36 overlapping the first electrode 37 and the second pixel electrode 34 in plan view emits blue light B. See fig. 3. Regarding claim 3, Murata discloses the electro-optical device according to claim 1, wherein the insulating layer 32 includes a first optical distance adjustment layer 33-1 and/or 332 provided between the first pixel electrode 34 and the first reflective layer 32, and provided in a first region extending from the first pixel electrode and between the first pixel electrode 34 and the second pixel electrode 34 in plan view, and a second optical distance adjustment layer 33-3 provided on the first pixel electrode side of the first optical distance adjustment layer, and provided spanning from the first pixel electrode to a second region extending closer to the second pixel electrode side than the first region in plan view. See fig. 3. Regarding claim 4, Murata discloses the electro-optical device according to claim 1, wherein the insulating layer 33 includes a first step and a second step, the first step is formed closer to the first pixel electrode side than an intermediate position between the first pixel electrode and the second pixel electrode in plan view, and the second step is formed closer to the second pixel electrode side than the intermediate position in plan view, and is formed closer to the second reflective layer side than the first step in a thickness direction. See fig. 3. Regarding claim 5, Murata discloses the electro-optical device according to claim 1, wherein the insulating layer 33 includes a first step and a second step, and the first step and the second step are provided between the first reflective layer and the second reflective layer in plan view. See fig. 3. Regarding claim 6, Murata discloses an electronic apparatus 5 comprising the electro-optical device according to claim 1. See fig. 3. Conclusion 8. A shortened statutory period for response to this action is set to expire 3 (three) months and 0 (zero) day from the day of this letter. Failure to respond within the period for response will cause the application to become abandoned (see M.P.E.P 710.02(b)). A shortened time for reply may be extended up to the maximum six-month period (35 U.S.C. 133). An extension of time fee is normally required to be paid if the reply period is extended. The amount of the fee is dependent upon the length of the extension. Extensions of time are generally not available after an application has been allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dao H. Nguyen whose telephone number is (571)272-1791. The examiner can normally be reached on Monday-Friday, 9:00 AM – 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Loke, can be reached on (571)272-1657. The fax numbers for all communication(s) is 571-273-8300. Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (571)272-1633. /DAO H NGUYEN/Primary Examiner, Art Unit 2818 June 11, 2026 Application/Control Number: 18/673,326 Page 2 Art Unit: 2818 Application/Control Number: 18/673,326 Page 3 Art Unit: 2818 Application/Control Number: 18/673,326 Page 4 Art Unit: 2818 Application/Control Number: 18/673,326 Page 5 Art Unit: 2818 Application/Control Number: 18/673,326 Page 6 Art Unit: 2818 Application/Control Number: 18/673,326 Page 7 Art Unit: 2818
Read full office action

Prosecution Timeline

May 24, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102 (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
91%
Grant Probability
97%
With Interview (+5.6%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1261 resolved cases by this examiner. Grant probability derived from career allowance rate.

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