Prosecution Insights
Last updated: April 19, 2026
Application No. 17/405,657

LIGHT-EMITTING DEVICE AND MEASUREMENT DEVICE

Final Rejection §102§103
Filed
Aug 18, 2021
Examiner
FREY, KIMBERLY NEWMAN
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fujifilm Business Innovation Corp.
OA Round
2 (Final)
67%
Grant Probability
Favorable
3-4
OA Rounds
3y 7m
To Grant
48%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
10 granted / 15 resolved
-1.3% vs TC avg
Minimal -19% lift
Without
With
+-19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
53 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§103
54.0%
+14.0% vs TC avg
§102
37.1%
-2.9% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 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 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 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)(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. Claims 1,2, 6-8 and 11 are rejected under 35 U.S.C. 102 as being anticipated by Watanabe et al. ( US 2021/0258521 A1; hereinafter Watanabe ) Regarding claim 1, Watanabe teaches a light-emitting device ( Fig. 5 #110A) comprising: a plurality of light-emitting units ( Fig. 5 #2a ) ; a driving unit ( [0129] The drive unit 3 includes a drive circuit 30 and a drive control unit 31 ) that drives the plurality of light-emitting units by supplying a current to the plurality of light-emitting units ( Fig. 5 : Id) ; and a switching unit ( [0130] The drive circuit 30 includes a switching element Q1 and a switch SW for each light emitting element 2a, and also includes a switching element Q2 and a constant current source 30a; Fig. 5: SW ) that is provided on a side opposite ( [0157] The light source device 100 can have the configuration shown in FIG. 6A in which a chip Ch2 in which a circuit as the light emitting unit 2 is formed, a chip Ch3 in which a circuit as the drive unit 3 is formed, and a chip Ch4 in which the power circuit 4 is formed are formed on the same substrate B ) to a side where the driving unit ( Fig. 5 #3 ) is provided relative to the plurality of light-emitting units ( Fig. 5 #2a ) and switches (Fig. 5 #SW ) light emission of the plurality of light-emitting units ( Fig. 5 #2a), wherein the plurality of light-emitting units ( Fig. 5 #2a ) and the switching unit ( Fig. 5: SW ) are disposed on a same substrate ( Fig. 6A : substrate B ). Regarding claim 2, Watanabe teaches the light-emitting device according to Claim 1 ( as discussed above), further comprising an electrode ( Fig. 11: anode electrode Ta ) for light emission that supplies a current to the light-emitting units ( [0191] the pad Pa for making an electrical connection with the anode electrode Ta is formed for each light emitting element 2a ), wherein the electrode for light emission has a pad unit ( Fig. 11: Pa ) that is located outside the plurality of light-emitting units at a position different from positions where the driving unit and the switching unit are provided relative to the plurality of light-emitting units ( as shown in Fig. 11 ). Regarding claim 6, Watanabe teaches the light-emitting device according to Claim 1 ( as discussed above), further comprising wires ( as shown in Fig. 5 ) that connect the respective plurality of light-emitting units ( Fig. 5 #2a) to the switching unit ( Fig. 5: SW ), wherein the wires are provided along the light-emitting units outside the light-emitting units ( as shown in Fig. 5 ). Regarding claim 7, Watanabe teaches the light-emitting device according to Claim 1 ( as discussed above), wherein: the switching unit ( Fig. 5: SW ) includes a switching element ( Fig. 5: switch shown in SW block ). Regarding claim 8, Watanabe teaches the light-emitting device according to Claim 7 ( as discussed above), wherein: an on state of the switching element ( [ 0147] the drive control unit #31 can turn ON/OFF the light emitting element #2a by controlling the ON/OFF of the switch SW ) provided for each of the light-emitting units is sequentially transferred ( [0139] the drive control unit #31 receives a value designating these as light emission parameters from the control unit, and controls the drive of the light emitting elements 2a accordingly ). Regarding claim 11, Watanabe teaches a measurement device ( Fig. 23 ) comprising: the light-emitting device according to Claim 1 ( as discussed above); and a three-dimensional sensor ( Fig. 23 #7) that receives light emitted from the light-emitting device ( Fig. 23 #2 ) and reflected by an object to be measured ( Fig. 23: S). 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. Claim 9 is rejected under U.S.C. 103 as being unpatentable over Watanabe et al.; US 2021/0258521 A1; 06/2019 in view of Furukawa; US 2006/0176411 A1; 03/2005 Claim 9: Watanabe discloses the light-emitting device according to Claim 1 ( as discussed above). Watanabe does not appear to disclose the light-emitting units each includes a light emitting diode and a thyristor that is stacked on the light emitting diode and causes the light emitting diode to emit light when the thyristor shifts to an on state. Furukawa teaches the light-emitting units ( Fig. 11 ) each includes a light emitting diode ( Fig. 11: 41A to 41E ) and a thyristor ( Fig. 11: 81A to 81E ) that is stacked on the light emitting diode ( as shown in the circuitry of Fig. 11 ) and causes the light emitting diode ( Fig. 11: 41A to 41E ) to emit light when the thyristor shifts to an on state ( [0058] During the normal operation, the series-connected five light emitting diodes 41A to 41E display individual voltage drops of Vfa to Vfe. This minimum hold current is selected so as to hold the turned-on thyristor in the so turned-on state ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Furukawa with Watanabe to implement the light-emitting units each includes a light emitting diode and a thyristor that is stacked on the light emitting diode and causes the light emitting diode to emit light when the thyristor shifts to an on state because a thyristor can switch large currents. Claim 10 is rejected under U.S.C. 103 as being unpatentable over Watanabe et al.; US 2021/0258521 A1; 06/2019 in view of Furukawa; US 2006/0176411 A1; 03/2005 as it relates to claim 9 and further in view of Suerin et al.; US 12,438,341 B2; 09/2019 Claim 10: Watanabe and Furukawa disclose the light-emitting device according to Claim 9 ( as discussed above). Neither Watanabe nor Furukawa appear to disclose the light emitting diode is a vertical cavity surface emitting laser. However, Suerin teaches the light emitting diode is a vertical cavity surface emitting laser ( Col. 4 lines 57 – 60 Light emitters, such as VCSELs side emitting semiconductor lasers, laser diodes or other types of light emitters are formed in an emission layer of a substrate ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to utilize the teachings of Suerin with Furukawa and Watanabe to implement the light emitting diode is a vertical cavity surface emitting laser because VCSELS use stimulated emission to produce a coherent, high-power, and highly directional beam which is more efficient than LEDs. Response to Amendment / Arguments Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive. In claim 1, Applicant’s second argument states that the “physical arrangement” is not shown, however the physical arrangement is not a feature in the claim; only “a side opposite to a side where the drive unit is provided” is listed which is addressed above. Applicant’s third argument regarding the switching unit and the driving unit being distinct components is not a feature in the claim as listed above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY N FREY whose telephone number is (571)272-5068. The examiner can normally be reached Monday - Friday 7:30 am - 5 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, Marlon Fletcher can be reached at (571)272-2063. 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. /K.N.F./Examiner, Art Unit 2817 /MARLON T FLETCHER/Supervisory Primary Examiner, Art Unit 2817
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Prosecution Timeline

Aug 18, 2021
Application Filed
Oct 20, 2025
Non-Final Rejection — §102, §103
Jan 29, 2026
Response Filed
Mar 06, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 4 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
67%
Grant Probability
48%
With Interview (-19.2%)
3y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 15 resolved cases by this examiner. Grant probability derived from career allow rate.

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