Prosecution Insights
Last updated: April 19, 2026
Application No. 17/797,956

LIGHT EMITTING DEVICE AND METHOD OF MANUFACTURING THE SAME

Non-Final OA §102§103
Filed
Aug 05, 2022
Examiner
VAN ROY, TOD THOMAS
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Semiconductor Solutions Corporation
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
416 granted / 770 resolved
-14.0% vs TC avg
Strong +39% interview lift
Without
With
+38.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
45 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
48.7%
+8.7% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
25.9%
-14.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 770 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/22/2026 has been entered. Response to Amendment The Examiner acknowledges the amending of claim 1, 6, 8, 26, 28, 30, cancellation of claim 25, and the addition of claim 31. Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Examiner notes new art is cited to account for the newly added limitations to claim 1. Applicant's arguments filed 01/05/2026 have been fully considered but they are not persuasive. With respect to claim 8, the Applicant has argued Ohta does not teach the use of concave or flat lens type. The Examiner does not agree. Ohta teaches a concave lens type at figure 18 ([0147]). 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)(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. (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. Claim(s) 8 is/are rejected under 35 U.S.C. 102a1/2 as being anticipated by Ohta et al. (US 2020/0303896). With respect to claim 8, Ohta discloses a light emitting device (fig.18), comprising: a laser diode chip (as seen in fig.18), comprising: a first substrate (fig.18 #141, [0057]); a plurality of light emitting elements (fig.18 #159 x2) that are provided on a first surface of the first substrate (fig.2 lower/bottom surface of #141); and a second substrate (fig.18 #161+162s, [0074]) that is provided on a second surface of the first substrate (fig.18 upper/top surface of #141) opposite to the first surface, wherein the second substrate has a third surface (fig.18 lower/bottom of #161) facing the first substrate side and a fourth surface opposite to the first substrate (fig.18 upper/top of #161), wherein the light emitting device further comprises a plurality of lenses (fig.18 #162s) that are provided on the fourth surface of the second substrate and on which light emitted from the light emitting elements is incident (fig.18 see arrows), and wherein the lenses include at least one of a concave ([0147], claim 9) or a flat lens. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-7, 9-11, 28 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta et al. (US 2020/0303896) in view of Dykaar (US 2019/0121138). With respect to claim 1, Ohta teaches a light emitting device (fig.2), comprising: a laser diode chip (as seen in fig.2), comprising: a first substrate (fig.2 #141, [0057]); a plurality of light emitting elements (fig.2 #159 x2) that are provided on a first surface of the first substrate (fig.2 lower/bottom surface of #141); and a second substrate (fig.2 #161+162s, [0074]) that is provided on a second surface of the first substrate (fig.2 upper/top surface of #141) opposite to the first surface. Ohta further teaches use of additional optics (fig.26 #15) used to control the path of light from the laser array (fig.26 #14). Ohta does not teach a laser diode driver substrate, a heat dissipation substrate, wherein one of the laser diode chip or the laser diode driver substrate is disposed on the heat dissipation substrate; and a correction lens holder, wherein the correction lens holder is disposed on the heat dissipation substrate, and wherein the correction lens holder surrounds the laser diode chip. Dykaar teaches a related laser array (fig.1b) which includes a laser diode driver substrate (fig.1b #114), a heat dissipation substrate (fig.1b #102, [0052] noting AlN is a high thermal conductance), wherein one of the laser diode chips or the laser diode driver substrate is disposed on the heat dissipation substrate (fig.1b laser chips on the heat dissipation substrate); and a correction lens holder (fig.1b #120), wherein the correction lens holder is disposed on the heat dissipation substrate (fig.1b), and wherein the correction lens holder surrounds the laser diode chips (fig.1b). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to make use of a heat dissipation substrate upon which the laser chip of Ohta would be mounted to control temperature of the lasers, to make use of a correction lens holder disposed on the heat dissipation structure and surrounding the laser chip to protect and seal (Dykaar, [0056]) the laser chip and to form an integrated structure with the optics (note Ohta, fig.26), and to make use of a laser diode driver substrate in order to electrically control the laser elements. With respect to claim 2, Ohta teaches the first substrate is formed of a first material ([0057] GaAs), and the second substrate is formed of a second material different from the first material ([0074] resin, SiO2, glass). With respect to claim 3, Ohta teaches the second substrate is directly bonded to the first substrate (fig.4g, via curing process [0093]). With respect to claim 4, Ohta teaches the first substrate is a semiconductor substrate containing gallium (Ga) and arsenic (As) ([0057]). With respect to claim 5, Ohta teaches the second substrate is a semiconductor substrate containing silicon (Si) ([0074] e.g. SiO2). With respect to claim 6, Ohta teaches the second substrate has a third surface (fig.2 lower/bottom of #161) facing the first substrate side and a fourth surface opposite to the first substrate (fig.2 upper/top of #161), and the light emitting device further comprises a plurality of lenses (fig.2 #162s) that are provided on the fourth surface of the second substrate and on which light emitted from the light emitting elements is incident (fig.2 see arrows). With respect to claim 7, Ohta teaches the lenses are provided on the fourth surface of the second substrate as part of the second substrate (see fig.4g/h/i, formed via same material). With respect to claim 9, Ohta teach the plurality of light emitting elements and the plurality of lenses have a one-to- one correspondence so that the light emitted from one light emitting element enters one lens corresponding to the one light emitting element (fig.2 see arrows). With respect to claim 10, Ohta teaches the light emitted from the plurality of light emitting elements is transmitted through the first substrate from the first surface to the second surface, transmitted through the second substrate from the third substrate to the fourth surface, and then enters the plurality of lenses (fig.2 see arrows and surface definitions above). With respect to claim 11, Ohta teaches the first surface of the first substrate is a front surface of the first substrate (fig.2 growth surface), and the second surface of the first substrate is a back surface of the first substrate (fig.2 rear surface). With respect to claim 28, Ohta, as modified, teaches the laser diode chip is disposed on the heat dissipation substrate (as seen in Dykaar fig.1b). With respect to claim 30, Ohta, as modified, teaches the device outlined above, including the heat dissipation substrate is a ceramic substrate (Dykaar, [0052]). Claim(s) 26 and 27, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta and Dykaar in view of Okumura (JP 2019-192889, Applicant submitted prior art). With respect to claim 26, Ohta, as modified, teaches the laser diode driver substrate is disposed on the heat dissipation substrate (Dykaar, fig.1b), but does not teach the laser diode chip is disposed on the laser diode driver substrate via a plurality of bumps. Okumura teaches a related VCSEL device (fig.8) which includes a heat dissipation substrate (fig.8 #60, wherein #60 must dissipate heat in order for #62 to function as a heat sink for the VCSELs; note #62 is identified as the “mounting substrate” in the claims), a laser diode chip (fig.8 #20s) and a laser diode driver substrate (fig.8 #64) is disposed on the heat dissipation substrate (as seen in fig.8) and wherein the laser diode chip is disposed on the laser diode driver substrate (fig.8 #20s on #64) via a plurality of bumps (fig.8 #82 is electrical connection formed as a bump shape; note “bump” has not been defined in the claims to be a material such as solder). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to make use of bump connections from the driver substrate to the laser diode chip in Ohta as demonstrated by Okumura in order to provide an electrical connection between the chip and driver. With respect to claim 27, Ohta, as modified, teaches the device outlined above, but does not teach a mounting substrate, wherein the heat dissipation substrate is between the mounting substrate and the laser diode driver substrate. Okumura further teaches a mounting substrate (Okumura, fig.8 #62), wherein the heat dissipation substrate (fig.8 #60) is between the mounting substrate and the laser diode driver substrate (fig.8 #64). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to make use of a further mounting substrate to sink heat from the heat dissipation and driver substrates, as well as to rearrange the substrate ordering of Ohta such that the heat dissipation substrate is between the mounting substrate and the laser diode driver substrate as demonstrated by Okumura in order to place the driving substrate closer to the laser chip in order to reduce parasitic affects from longer electrical connections. With respect to claim 29, Ohta, as modified, teaches the device outlined above, but does not teach a mounting substrate, wherein the heat dissipation substrate is between the mounting substrate and the laser diode driver chip, and wherein the laser diode driver substrate is disposed on the mounting substrate. Okumura teaches a mounting substrate (Okumura, fig.8 #62), wherein the heat dissipation substrate (fig.8 #60) is between the mounting substrate and the laser diode driver chip (fig.8 #64), and wherein the laser diode driver substrate is disposed on the mounting substrate (“on” meaning “in close proximity to”). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to make use of a further mounting substrate to sink heat from the heat dissipation and driver substrates, as well as to rearrange the substrate ordering of Ohta such that the heat dissipation substrate is between the mounting substrate and the laser diode driver substrate, and wherein the laser diode driver substrate is disposed on (on meaning in close proximity to) the mounting substrate as demonstrated by Okumura in order to place the driving substrate closer to the laser chip in order to reduce parasitic affects from longer electrical connections. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohta and Dykaar in view of Laflaquiere et al. (US 2019/0363520). With respect to claim 31, Ohta, as modified, teaches the device outlined above, but Ohta does not teach the laser diode driver substrate includes a plurality of switches, wherein each light emitting element in the plurality of light emitting elements is electrically connected to a switch include in the plurality of switches. Laflaquiere teaches a related VCSEL device (fig.4a) including a laser diode driver substrate (fig.4a/b #30), wherein the laser diode driver substrate includes a plurality of switches (fig.4b command_a-c switches), wherein each light emitting element in the plurality of light emitting elements is electrically connected to a switch include in the plurality of switches (fig.4b). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Ohta to make use of a laser diode driver substrate, wherein the laser diode driver substrate includes a plurality of switches, wherein each light emitting element in the plurality of light emitting elements is electrically connected to a switch include in the plurality of switches and to dispose the driving substrate beneath the laser chip as Laflaquiere has demonstrated such arrangements are known and useful for compact devices and individual emitter control (Laflaquiere, [0046]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the including pto892 for a list of related art. Note US 2016/0164261 teaches a device comparable to at least claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOD THOMAS VAN ROY whose telephone number is (571)272-8447. The examiner can normally be reached M-F: 8AM-430PM. 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, MinSun Harvey can be reached at 571-272-1835. 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. /TOD T VAN ROY/ Primary Examiner, Art Unit 2828
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Prosecution Timeline

Aug 05, 2022
Application Filed
Jun 16, 2025
Non-Final Rejection — §102, §103
Sep 18, 2025
Response Filed
Nov 17, 2025
Final Rejection — §102, §103
Jan 05, 2026
Response after Non-Final Action
Jan 22, 2026
Request for Continued Examination
Feb 03, 2026
Response after Non-Final Action
Mar 18, 2026
Non-Final Rejection — §102, §103 (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

3-4
Expected OA Rounds
54%
Grant Probability
93%
With Interview (+38.9%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 770 resolved cases by this examiner. Grant probability derived from career allow rate.

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