Prosecution Insights
Last updated: August 14, 2026
Application No. 18/939,772

DEVICES COMPATIBLE WITH NIGHT VISION EQUIPMENT

Non-Final OA §101
Filed
Nov 07, 2024
Priority
Sep 01, 2020 — provisional 63/073,386 +3 more
Examiner
RAABE, CHRISTOPHER M
Art Unit
Tech Center
Assignee
Edison Innovations LLC
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
561 granted / 824 resolved
+8.1% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
23 currently pending
Career history
842
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
59.7%
+19.7% vs TC avg
§102
33.1%
-6.9% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 824 resolved cases

Office Action

§101
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 . Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of the claims of prior U.S. Patent No. 12230620 (see below). This is a statutory double patenting rejection. Application 18/939772 USPN 12230620 1. A device used in conjunction with night vision equipment, the device comprising an LED light source optically coupled and/or radiationally connected to a phosphor material comprising a green-emitting phosphor and a red-emitting phosphor of formula I: AxMFy:Mn4+ wherein A is Li, Na, K, Rb, Cs, or a combination thereof; M is Si, Ge, Sn, Ti, Zr, Al, Ga, In, Sc, Hf, Y, La, Nb, Ta, Bi, Gd, or a combination thereof; x is an absolute value of a charge of the MFy ion; and y is 5, 6 or 7; and wherein the device limits emission of wavelengths longer than 650 nm to less than 1.75% of total emission. 2. The device according to claim 1, wherein the red-emitting phosphor is K.2SiF6:Mn4+ or Na.2SiF6:Mn4+. 3. A device according to claim 1, wherein the green-emitting phosphor material comprises a sulfide phosphor, uranium-doped phosphor or quantum dot material. 4. A device according to claim 3, wherein the uranium-doped phosphor comprises phosphors selected from the group consisting of γ-Ba.2UO.2(PO.4).2, (Ba, Zn, Mg, UO.2).3 (PO.4).2, Ba (UO.2)P.2O.7, BaMgUO.2(PO.4).2, BaZnUO.2(PO.4).2, Ba.3(PO.4).2(UO.2).2P.2O.7, Ba.2Sr(PO.4).2(UO.2).2P.2O.7, BaSr.2(PO.4).2(UO.2).2P.2O.7, Sr.3(PO.4).2(UO.2).2P.2O.7, Ca.3(PO.4).2(UO.2).2P.2O.7, BaMg.2(PO.4).2(UO.2).2P.2O.7, Ba.2UO.2(VO.4).2, RbMgPO.4:U6+, BaZn.2(PO.4).2:U6+, BaBPO.5:U6+, Ba6Al.5P.5O.26:U6+, Sr.3B.2O6:U6+, Ba.2Mg(PO.4).2(UO.2).2P.2O.7:U6+ and Ba.3(UO.2).2P.2O.7(PO.4).2. 5. A device according to claim 3, wherein the quantum dot material comprises perovskite. 6. A lighting apparatus comprising the device of claim 1. 7. A backlight apparatus comprising the device of claim 1. 8. A device used in conjunction with night vision equipment, the device comprising an LED light source optically coupled and/or radiationally connected to a phosphor material including a red-emitting phosphor having the formula Na.2SiF6:Mn4+, wherein the device limits emission of wavelengths longer than 650 nm to no more than 1.0% of total emission. 9. A lighting apparatus comprising the device of claim 8. 10. A backlight apparatus comprising the device of claim 8. 11. A single mode display used in conjunction with night vision equipment and compatible with day lighting and night lighting, the single mode display comprising the backlight apparatus of claim 7, and in the absence of an NVIS filter. 12. A single mode display compatible with night vision equipment and day lighting, the single mode display comprising the backlight apparatus of claim 7, and an NVIS filter having an optical density of 1.0 or less. 13. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 7, wherein a color gamut in day lighting decreases by less than 20% when in use with night vision equipment. 14. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 7, wherein the backlight apparatus produces a white light and a color shift in a red spectrum decreases by less than 10% when in use with night vision equipment. 15. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 4, wherein a brightness in day lighting decreases by no more than 25% when in use with night vision equipment. 16. A television comprising the backlight apparatus of claim 7. 17. A mobile phone comprising the backlight apparatus of claim 7. 18. A computer monitor comprising the backlight apparatus of claim 7. 19. A tablet computer comprising the backlight apparatus of claim 7. 20. A laptop comprising the backlight apparatus of claim 7. 1. A device used in conjunction with night vision equipment, the device comprising an LED light source optically coupled and/or radiationally connected to a phosphor material comprising a green-emitting phosphor and a red-emitting phosphor of formula I:AxMFy:Mn4+ wherein A is Li, Na, K, Rb, Cs, or a combination thereof; M is Si, Ge, Sn, Ti, Zr, Al, Ga, In, Sc, Hf, Y, La, Nb, Ta, Bi, Gd, or a combination thereof, x is an absolute value of a charge of the MFy ion; and y is 5, 6 or 7; and wherein the device limits emission of wavelengths longer than 650 nm to less than 1.75% of total emission. 2. The device according to claim 1, wherein the red-emitting phosphor is K.2SiF6:Mn4+ or Na.2SiF6:Mn4+. 3. A device according to claim 1 wherein the green-emitting phosphor material comprises a sulfide phosphor, uranium-doped phosphor or quantum dot material. 4. A device according to claim 3, wherein the uranium-doped phosphor comprises phosphors selected from the group consisting of γ-Ba.2UO.2(PO.4).2,(Ba, Zn, Mg, UO.2).3 (PO.4).2, Ba(UO.2)P.2O.7, BaMgUO.2(PO.4).2, BaZnUO.2(PO.4).2, Ba.3(PO.4).2(UO.2).2P.2O.7, Ba.2Sr(PO.4).2(UO.2).2P.2O.7, BaSr.2(PO.4).2(UO.2).2P.2O.7, Sr.3(PO.4).2(UO.2).2P.2O.7, Ca.3(PO.4).2(UO.2).2P.2O.7, BaMg.2(PO.4).2(UO.2).2P.2O.7, Ba.2UO.2(VO.4).2, RbMgPO.4:U6+, BaZn.2(PO.4).2:U6+, BaBPO.5:U6+, Ba6Al.5P.5O.26:U6+, Sr.3B.2O6:U6+, Ba.2Mg(PO.4).2(UO.2).2P.2O.7:U6+ and Ba.3(UO.2).2P.2O.7(PO.4).2. 5. A device according to claim 3, wherein the quantum dot material comprises perovskite. 6. A lighting apparatus comprising the device of claim 1. 7. A backlight apparatus comprising the device of claim 1. 8. A device used in conjunction with night vision equipment, the device comprising an LED light source optically coupled and/or radiationally connected to a phosphor material including a red-emitting phosphor having the formula Na.2SiF6:Mn4+, wherein the device limits emission of wavelengths longer than 650 nm to no more than 1.0% of total emission. 21.A lighting apparatus comprising the device of claim 8. 22. A backlight apparatus comprising the device of claim 8. 9. A single mode display used in conjunction with night vision equipment and compatible with day lighting and night lighting, the single mode display comprising the backlight apparatus of claim 7, and in the absence of an NVIS filter. 10. A single mode display compatible with night vision equipment and day lighting, the single mode display comprising the backlight apparatus of claim 7, and an NVIS filter having an optical density of 1.0 or less. 11. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 7, wherein a color gamut in day lighting decreases by less than 20% when in use with night vision equipment. 23. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 7, wherein the backlight apparatus produces a white light and a color shift in a red spectrum decreases by less than 10% when in use with night vision equipment. 24. A display compatible with day lighting and compatible with night vision equipment, the display comprising the backlight apparatus of claim 7, wherein a brightness in day lighting decreases by no more than 25% when in use with night vision equipment. 12. A television comprising the backlight apparatus of claim 7. 13. A mobile phone comprising the backlight apparatus of claim 7. 14. A computer monitor comprising the backlight apparatus of claim 7. 15. A tablet computer comprising the backlight apparatus of claim 7. 16. A laptop comprising the backlight apparatus of claim 7. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPN 2025/0282993. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher Raabe whose telephone number is (571)272-8434. The examiner can normally be reached M-F 0530-1430. 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 R 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. /CHRISTOPHER M RAABE/Primary Examiner, Art Unit 2875
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Prosecution Timeline

Nov 07, 2024
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §101 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12707852
DISPLAY DEVICE
2y 11m to grant Granted Aug 11, 2026
Patent 12707870
DISPLAY DEVICE
2y 11m to grant Granted Aug 11, 2026
Patent 12690351
DISPLAY APPARATUS
2y 9m to grant Granted Jul 21, 2026
Patent 12690340
DISPLAY PANEL AND DISPLAY DEVICE
2y 8m to grant Granted Jul 21, 2026
Patent 12684941
LIGHT EXTRACTION SUBSTRATE AND ORGANIC LIGHT-EMITTING DEVICE INCLUDING SAME
3y 1m to grant Granted Jul 14, 2026
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
68%
Grant Probability
96%
With Interview (+27.5%)
2y 8m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 824 resolved cases by this examiner. Grant probability derived from career allowance rate.

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