Prosecution Insights
Last updated: October 02, 2026
Application No. 18/703,922

LIGHT EMITTING ELEMENT, DISPLAY DEVICE, AND ELECTRONIC DEVICE

Non-Final OA §103
Filed
Apr 23, 2024
Priority
Nov 29, 2021 — JP 2021-193296 +2 more
Examiner
BOWMAN, MARY ELLEN
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
1168 granted / 1426 resolved
+21.9% vs TC avg
Strong +18% interview lift
Without
With
+18.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
17 currently pending
Career history
1441
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1426 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/23/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-7, 10-12, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, US 2020/0159065 in view of Lim et al., US 2016/0079311. Regarding claim 1, Kim teaches (at least in Figures 5B and 6) a light emitting element comprising: a light emitting unit (ED); an intermediate layer (BR) that is provided on the light emitting unit; and a color filter layer (CF) that is provided on the intermediate layer. Kim also teaches a protrusion (BM) from the color filter layer. Kim is silent as to the color filter layer including a protrusion part. In the same field of endeavor of display devices, Lim teaches (at least in Figure 3) wherein the color filter layer (300) includes a protrusion part (400) that protrudes towards the intermediate layer (where the intermediate layer would be in the Kim device, i.e., directly between the light emitting elements and the upper substrate). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 2, Kim and Lim teach the invention as explained above regarding claim 1, and Kim further teaches the protrusion part is provided in a groove formed in the intermediate layer (see Figure 5B, protrusion BM is in corner groove in intermediate layer BR). Regarding claim 3, Kim and Lim teach the invention as explained above regarding claim 1, and further it is the position of the examiner that since Kim teaches the protrusion is formed to completely encircle the pixel electrode, that it would have been obvious to provide the protrusion in a shape matching that of the pixel electrode. Therefore, given a limited number of options, it would have been an obvious matter of design choice to provide a pixel electrode in a circular shape, and therefore provide the protrusion in a ring shape as well. Regarding claim 4, Kim and Lim teach the invention as explained above regarding claim 1, and Kim further teaches the light emitting unit includes a first electrode (E1), and the protrusion part is formed in a same shape as an outer shape of the first electrode in plan view (Figure 6, BM is same shape as PXA, which corresponds to E1). Regarding claim 5, Kim and Lim teach the invention as explained above regarding claim 1, and Kim further teaches the light emitting unit includes a first electrode (E1), and the protrusion part is formed so as to be located on an outer side of an outer shape of the first electrode in plan view (Figure 6, BM is outside PXA, which corresponds to E1). Regarding claim 6, Kim and Lim teach the invention as explained above regarding claim 1, and Lim further teaches the protrusion part is a color filter that has a same color as a color of the color filter layer (Figure 3, protrusion part G is the same color as the filter next to it which is also green). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 7, Kim and Lim teach the invention as explained above regarding claim 1, and Lim further teaches the protrusion part is a color filter that has a different color from a color of the color filter layer (Figure 3, protrusion part G is different from the filter part directly above it which is blue). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 10, Kim and Lim teach the invention as explained above regarding claim 1, and Lim further teaches the color filter layer is shifted in a planar direction with respect to the light emitting unit (Figure 3, protruding part of color filter layer is not directly above the light emitting unit). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 11, Kim and Lim teach the invention as explained above regarding claim 1, and Lim further teaches the color filter layer includes a plurality of the protrusion parts (see Figure 3, plurality of protrusion parts 400). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 12, Kim and Lim teach the invention as explained above regarding claim 11, and Kim further teaches the plurality of protrusion parts are each formed in a rectangular shape or a ring shape in plan view (Figure 6, BM, rectangle). Regarding claim 17, Kim teaches (at least in Figures 5B and 6) a display device (Abstract) comprising a plurality of light emitting elements, wherein the plurality of light emitting elements each include a light emitting unit (ED); an intermediate layer (BR) that is provided on the light emitting unit; and a color filter layer (CF) that is provided on the intermediate layer. Kim also teaches a protrusion (BM) from the color filter layer. Kim is silent as to the color filter layer including a protrusion part. In the same field of endeavor of display devices, Lim teaches (at least in Figure 3) wherein the color filter layer (300) includes a protrusion part (400) that protrudes towards the intermediate layer (where the intermediate layer would be in the Kim device, i.e., directly between the light emitting elements and the upper substrate). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Regarding claim 20, Kim teaches (at least in Figures 5B and 6) an electronic device comprising a display device (abstract) comprising a plurality of light emitting elements, wherein the plurality of light emitting elements each include a light emitting unit (ED); an intermediate layer (BR) that is provided on the light emitting unit; and a color filter layer (CF) that is provided on the intermediate layer. Kim also teaches a protrusion (BM) from the color filter layer. Kim is silent as to the color filter layer including a protrusion part. In the same field of endeavor of display devices, Lim teaches (at least in Figure 3) wherein the color filter layer (300) includes a protrusion part (400) that protrudes towards the intermediate layer (where the intermediate layer would be in the Kim device, i.e., directly between the light emitting elements and the upper substrate). Further, Lim teaches the protruding color filter improves visibility of the display and image definition by limiting external light incident onto the color filter layer. Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing to provide a color filter protrusion in addition to or in lieu of the black matrix protrusion of the Kim device in order to improve visibility and image definition. Allowable Subject Matter Claims 8, 9, 13-16, 18 and 19 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 fails to teach or suggest color filters having protrusions wherein individual protrusions have different shapes or sizes depending on the desired chromaticity viewing angle. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi et al., US 2014/0339509 teaches a display having a color filter layer with protrusions, but fails to teach the protrusions match the shape of the electrode, per se. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARY-ELLEN BOWMAN whose telephone number is (571)270-5383. The examiner can normally be reached Monday-Thursday; 7:00 am-5:00 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, James Greece can be reached at (571) 272-3711. 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. MARY ELLEN BOWMAN Examiner Art Unit 2875 /MARY ELLEN BOWMAN/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Apr 23, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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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
82%
Grant Probability
99%
With Interview (+18.2%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1426 resolved cases by this examiner. Grant probability derived from career allowance rate.

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