Prosecution Insights
Last updated: April 19, 2026
Application No. 19/216,146

COLOR DISPLAYS CONFIGURED TO CONVERT RGB IMAGE DATA FOR DISPLAY ON ADVANCED COLOR ELECTRONIC PAPER

Non-Final OA §DP
Filed
May 22, 2025
Examiner
TRUONG, NGUYEN H
Art Unit
2623
Tech Center
2600 — Communications
Assignee
E Ink Corporation
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
2y 8m
To Grant
77%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
284 granted / 483 resolved
-3.2% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
19 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
67.8%
+27.8% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 483 resolved cases

Office Action

§DP
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 statements filed 05/22/2025 has been acknowledged and considered by the examiner. An initialed copy of the PTO-1449 is included in this correspondence. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11,984,088 in view of Letourneur et al. (US Patent No. 9,564,104) and Bouchard (US Pub. 2018/0259824 A1). The present application US Patent No. 11,984,088 Claim 1: A color display comprising: an electrophoretic display comprising a front light, a light-transmissive electrode, an active matrix of pixel electrodes, and an electrophoretic medium comprising four types of electrophoretic particles, the electrophoretic medium being disposed between the light- transmissive electrode and the active matrix of pixel electrodes, the electrophoretic display being capable of producing multiple primary colors at each pixel electrode; non-transitory memory for storing look up tables mapping RGB (red, green, blue) colors to colors produced by the electrophoretic display; a processor coupled to the non-transitory memory; a controller coupled to the processor, and configured to provide electrophoretic display pixel color instructions to the active matrix of pixel electrodes; wherein the processor is configured to perform the following steps: receive RGB image data for each pixel in an image from the non-transitory memory; convert the RGB image data for each pixel in the image to electrophoretic display image data using a look up table (LUT) stored in the non-transitory memory, wherein converting the RGB image data for each pixel in the image to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display; dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller. Claim 1: A color display comprising: an electrophoretic display comprising a light-transmissive electrode, an active matrix of pixel electrodes, and an electrophoretic medium comprising four types of electrophoretic particles, the electrophoretic medium being disposed between the light-transmissive electrode and the active matrix of pixel electrodes, the electrophoretic display being capable of producing eight primary colors at each pixel electrode; non-transitory memory for storing look up tables mapping RGB (red, green, blue) colors to colors produced by the electrophoretic display; a processor coupled to the non-transitory memory; a controller coupled to the processor, and configured to provide electrophoretic display pixel color instructions to the active matrix of pixel electrodes; wherein the processor is configured to perform the following steps: receive RGB image data for each pixel in an image from the non-transitory memory; convert the RGB image data for each pixel in the image to electrophoretic display image data using a look up table (LUT) stored in the non-transitory memory; and send the electrophoretic display image data for each pixel to the controller, wherein converting the RGB image data for each pixel in the image to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display. Claim 2 Claim 2 Claim 3 Claim 3 Claim 4 Claim 4 Claim 5 Claim 5 Claim 6 Claim 6 Claim 7 Claim 7 Claim 8 Claim 8 Claim 9 Claim 9 Claim 10: A method for transforming ROB (red, green, blue) image data to electrophoretic display image data, wherein an electrophoretic display comprises four types of electrophoretic particles and the electrophoretic display is capable of producing multiple primary colors at each pixel electrode of an active matrix of pixel electrodes, the method comprising: receiving RGB image data for each pixel in an image; converting the RGB image data for each pixel to electrophoretic display image data with a processor using a look up table (LUT) stored in non-transitory memory coupled to the processor, wherein converting the ROB image data for each pixel to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display; dithering the electrophoretic display image data; sending the dithered electrophoretic display image data for each pixel in the image to a controller coupled to the processor; and sending voltage instructions from the controller to the active matrix of pixel electrodes. Claim 10: A method for transforming RGB (red, green, blue) image data to electrophoretic display image data, wherein the electrophoretic display comprises four types of electrophoretic particles and the electrophoretic display is capable of producing eight primary colors at each pixel electrode of an active matrix of pixel electrodes, the method comprising: receiving RGB image data for each pixel in an image; converting the RGB image data for each pixel to electrophoretic display image data with a processor using a look up table (LUT) stored in non-transitory memory coupled to the processor; sending the electrophoretic display image data for each pixel in the image to a controller coupled to the processor; and sending voltage instructions from the controller to the active matrix of pixel electrodes, wherein converting the RGB image data for each pixel to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display. Claim 11 Claim 11 Claim 12 Claim 12 Claim 13 Claim 13 Claim 14 Claim 14 Claim 15 Claim 15 Claims 1 and 10 of the US Patent No. 11,984,088 do not recite a front light. Letourneur et al. (US Patent No. 9,564,104) teaches a front light (Figs. 1 and 2, see Abstract; col.1||48-54; col.5||28-67; col.7||31-33; an electronic paper display comprises an electrophoretic display including a front light 104. The display further comprises a front light adjustment component 110 and a lookup table 202. In particular, the lookup table 202 may include predetermined values (e.g., based on experimental results) that provide an estimation of the total luminance of the display 108 based on the current brightness setting for the front light 104). At the time of invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the display system as recited in claims 1 and 10 of the US Patent No. 11,984,088 to include the teaching of Letourneur of providing an electrophoretic display including a front light; and configuring a lookup table to generate different luminance values based on different brightness setting for the front light. The motivation would have been in order to reduce glare on the screen and to improve visibility in bright environment. Claims 1 and 10 of the US Patent No. 11,984,088 do not recite “dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller”. Bouchard teaches dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller (Fig.5, para. [0016, 0033-0034, and 0037], a processor 530 is configured to dither resized image data 540 and send the dithered image data to an image driver 550). It would have been obvious to one of ordinary skill in the art to modify the electrophoretic display recited in claims 1 and 10 of the US Patent No. 11,984,088 to include the teaching of Bouchard of dithering image data; and sending the dithered image data to a display driving circuit. The motivation would have been in order to reduce the presence of color banding (Bouchard, para. [0033]). Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,334,029 in view of Bouchard (US Pub. 2018/0259824 A1). The present application US Patent No. 12,334,029 Claim 1: A color display comprising: an electrophoretic display comprising a front light, a light-transmissive electrode, an active matrix of pixel electrodes, and an electrophoretic medium comprising four types of electrophoretic particles, the electrophoretic medium being disposed between the light- transmissive electrode and the active matrix of pixel electrodes, the electrophoretic display being capable of producing multiple primary colors at each pixel electrode; non-transitory memory for storing look up tables mapping RGB (red, green, blue) colors to colors produced by the electrophoretic display; a processor coupled to the non-transitory memory; a controller coupled to the processor, and configured to provide electrophoretic display pixel color instructions to the active matrix of pixel electrodes; wherein the processor is configured to perform the following steps: receive RGB image data for each pixel in an image from the non-transitory memory; convert the RGB image data for each pixel in the image to electrophoretic display image data using a look up table (LUT) stored in the non-transitory memory, wherein converting the RGB image data for each pixel in the image to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display; dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller. Claim 1: A color display comprising: an electrophoretic display comprising a front light, a light-transmissive electrode, an active matrix of pixel electrodes, and an electrophoretic medium comprising four types of electrophoretic particles, the electrophoretic medium being disposed between the light-transmissive electrode and the active matrix of pixel electrodes, the electrophoretic display being capable of producing eight primary colors at each pixel electrode; non-transitory memory for storing look up tables mapping RGB (red, green, blue) colors to colors produced by the electrophoretic display; a processor coupled to the non-transitory memory; a controller coupled to the processor, and configured to provide electrophoretic display pixel color instructions to the active matrix of pixel electrodes; wherein the processor is configured to perform the following steps: receive RGB image data for each pixel in an image from the non-transitory memory; convert the RGB image data for each pixel in the image to electrophoretic display image data using a look up table (LUT) stored in the non-transitory memory, wherein a different LUT is used depending upon a status of the front light, wherein converting the RGB image data for each pixel in the image to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display; and send the electrophoretic display image data for each pixel to the controller. Claim 2 Claim 2 Claim 3 Claim 3 Claim 4 Claim 4 Claim 5 Claim 5 Claim 6 Claim 6 Claim 7 Claim 7 Claim 8 Claim 8 Claim 9 Claim 9 Claim 10: A method for transforming ROB (red, green, blue) image data to electrophoretic display image data, wherein an electrophoretic display comprises four types of electrophoretic particles and the electrophoretic display is capable of producing multiple primary colors at each pixel electrode of an active matrix of pixel electrodes, the method comprising: receiving RGB image data for each pixel in an image; converting the RGB image data for each pixel to electrophoretic display image data with a processor using a look up table (LUT) stored in non-transitory memory coupled to the processor, wherein converting the ROB image data for each pixel to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display; dithering the electrophoretic display image data; sending the dithered electrophoretic display image data for each pixel in the image to a controller coupled to the processor; and sending voltage instructions from the controller to the active matrix of pixel electrodes. Claim 10: A method for transforming RGB (red, green, blue) image data to electrophoretic display image data, wherein an electrophoretic display comprises four types of electrophoretic particles and the electrophoretic display is capable of producing eight primary colors at each pixel electrode of an active matrix of pixel electrodes, the method comprising: receiving a status of a front light of the electrophoretic display; receiving RGB image data for each pixel in an image; converting the RGB image data for each pixel to electrophoretic display image data with a processor using a look up table (LUT) stored in non-transitory memory coupled to the processor, wherein converting the RGB image data for each pixel to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display, and wherein a different LUT is used depending upon the status of the front light; sending the electrophoretic display image data for each pixel in the image to a controller coupled to the processor; and sending voltage instructions from the controller to the active matrix of pixel electrodes. Claim 11 Claim 11 Claim 12 Claim 12 Claim 13 Claim 13 Claim 14 Claim 14 Claim 15 Claim 15 Claims 1 and 10 of the US Patent No. 12,334,029 do not recite “dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller”. Bouchard teaches dither the electrophoretic display image data; and send the dithered electrophoretic display image data for each pixel to the controller (Fig.5, para. [0016, 0033-0034, and 0037], a processor 530 is configured to dither resized image data 540 and send the dithered image data to an image driver 550). It would have been obvious to one of ordinary skill in the art to modify the electrophoretic display recited in claims 1 and 10 of the US Patent No. 12,334,029 to include the teaching of Bouchard of dithering image data; and sending the dithered image data to a display driving circuit. The motivation would have been in order to reduce the presence of color banding (Bouchard, para. [0033]). Allowable Subject Matter Claims 1-15 would be allowed if overcoming the Double Patenting rejection. The following is an examiner’s statement of reasons for allowance: Prior art fails to teach “converting the RGB image data for each pixel in the image to electrophoretic display image data further comprises assigning a color separation cumulate to the electrophoretic display image data based upon a linear combination of primary colors produced by the electrophoretic display” as recited in claims 1 and 10. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (US Pub. 2022/0180823 A1) discloses an electrophoretic display and a method of performing a preset error diffusion algorithm including: a Floyd-Steinberg dithering algorithm and a JF Jarvis dithering algorithm. Inquiries Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGUYEN H TRUONG whose telephone number is (571)270-1630. The examiner can normally be reached M-F: 10-6. 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, Chanh Nguyen can be reached at 571-272-7772. 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. /NGUYEN H TRUONG/Examiner, Art Unit 2623 /CHANH D NGUYEN/Supervisory Patent Examiner, Art Unit 2623
Read full office action

Prosecution Timeline

May 22, 2025
Application Filed
Jan 21, 2026
Non-Final Rejection — §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597386
CONTROL DEVICE FOR DISPLAY PANEL, DISPLAY DEVICE, AND CONTROL METHOD FOR DISPLAY PANEL
2y 5m to grant Granted Apr 07, 2026
Patent 12591314
PROCESSING DEVICE, TERMINAL DEVICE, METHOD FOR DETERMINING INPUT DEVICE, AND METHOD FOR DISPLAYING INPUT SCREEN
2y 5m to grant Granted Mar 31, 2026
Patent 12573327
BRIGHTNESS CORRECTING METHOD OF DISPLAY PANEL AND BRIGHTNESS CORRECTING DEVICE
2y 5m to grant Granted Mar 10, 2026
Patent 12517599
PEN AND DISPLAY DEVICE INCLUDING THE SAME
2y 5m to grant Granted Jan 06, 2026
Patent 12518664
ELECTRONIC APPARATUS AND IMAGE OUTPUT METHOD
2y 5m to grant Granted Jan 06, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
59%
Grant Probability
77%
With Interview (+17.8%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 483 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month