Prosecution Insights
Last updated: April 19, 2026
Application No. 17/821,790

LIGHT EMITTING DEVICE

Non-Final OA §103
Filed
Aug 23, 2022
Examiner
MULERO FLORES, ERIC MANUEL
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lextar Electronics Corporation
OA Round
3 (Non-Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
49 granted / 58 resolved
+16.5% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
37 currently pending
Career history
95
Total Applications
across all art units

Statute-Specific Performance

§103
56.9%
+16.9% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 58 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 . Response to Amendment Applicant’s amendments filed 11/20/2025 have been entered and considered. The amendment to claims 1 and 15, the cancellation of claims 16-17, and the newly added claim 21 are acknowledged and accepted. Response to Arguments Applicant’s arguments with respect to claim 11 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. 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 11, 13-14 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Reiherzer et al. US 20160133610 A1 (hereinafter referred to as Reiherzer), in view of Iwaki US 20170084803 A1 (hereinafter referred to as Iwaki). Regarding claim 11, Reiherzer teaches A light emitting device (“component 10” para. 0036 FIG. 2A and 2G) comprising: a substrate (“submount 16′ ” para. 0057 FIG. 2G); a wall (“retention structure 12” para. 0082) formed on the substrate, wherein a height of the wall is H2 microns (“Retention structure 12 can comprise a height having any value between approximately 0.1 mm and 3.0 mm. The height and the thickness of the dam can be independent of each other.” Para. 0068), and a maximum width of the wall is H4 millimeters (“the thickness of each wall can be any value between approximately 0.1 and 2.0 mm, however, any thickness can be provided.”, para. 0068); a light-emitting diode chip (“LED chip 18” para. 0067) bonded on the substrate and surrounded by the wall “LED chip 18” is between the walls of “retention structure 12”), wherein a height of the light-emitting diode chip is H1 microns (“height of the LED chips” where “LED chips 18 can comprise any size and/or shape”, para. 0060, 0068. The examiner understands the height is not limited so long as H2 is greater), wherein a ratio of H2/H1 ranges from 4 to 10 (H2 can be 3mm and H1 can be any value below H2, such as 0.1-2.9mm, so that H2/H1 can be 0.1-30. The range is anticipated.) a fluorescent resin (“filler material 14” with “optical conversion material” such as phosphor, para. 0072) filled in the wall and covered over the light-emitting diode chip; and a plate (“layer 14′ ” of “filler material 14”, para. 0081-0082 FIG. 2G) having a flat top surface (top of “layer 14’ “ is flat) covering the fluorescent resin, However, Reiherzer fails to teach wherein the fluorescent resin has a concave top surface, the plate covering the concave top surface of the fluorescent resin to have a maximum thickness located at a center of the plate, wherein a thickness of the plate decreases from the center of the plate towards an edge of the wall. Nevertheless, Iwaki teaches wherein the fluorescent resin (“sealing resin 7”, which contains phosphor material, para. 0083 FIG. 7) has a concave top surface (the top surface of “sealing resin 7” in contact with the lower surface of “lens portion 53” is concave since a lower surface of “lens portion 53” is convex, para. 0071), the plate (“lens portion 53”) covering the concave top surface of the fluorescent resin to have a maximum thickness located at a center of the plate, wherein a thickness of the plate decreases from the center of the plate towards an edge of the wall (since a lower surface of “lens portion 53” is convex, the thickness of “lens portion 53” is greatest at the center and decreases as it approaches “case 4” as seen in FIG. 7, para. 0074). Reiherzer and Iwaki teach light emitting devices including color converting material covered by a plate. The plate “layer 14’ “ in Reiherzer is flat on both sides while the plate “lens portion 53” in Iwaki has a convex bottom surface. The “lens portion 53 ocuses light emitted from the LED element 31, and thereby the light extraction efficiency can be increased” (para. 0074). Furthermore, since the convex portion protrudes towards the “LED element 31” and the flat portion is on top, the package is smaller compared to a case where the convex portion is on top (para. 0074). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the convex “lens portion 53” focuses the light and enables a more compact package size. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light emitting device in Reiherzer with the plate as taught in Iwaki. The convex shape of the plate focuses the light of the light-emitting diode chip and offers a reduced package size. Regarding claim 13, Reiherzer, modified by Iwaki, teaches the light emitting device of claim 11, wherein the light-emitting diode chip comprises a blue light-emitting diode chip (“LED chips 18 can be configured to emit light that is primarily blue” para. 0059). Regarding claim 14, Reiherzer, modified by Iwaki, teaches the he light emitting device of claim 11, wherein the fluorescent resin comprises yellow fluorescent phosphors (“Optical conversion material can comprise one or more phosphors adapted to emit blue, yellow, red, and/or green light” para. 0072). Regarding claim 18, Reiherzer, modified by Iwaki, teaches the he light emitting device of claim 11, wherein the substrate comprises a circuit substrate (“submount 16’ ” includes “traces 30 and 32” to which “LED chip 18” and “bottom traces 40 and 42” are connected, para. 0046, 0064. As such, “submount 16’” is part of a circuit and is considered a circuit substrate.). Regarding claim 19, Reiherzer, modified by Iwaki, teaches the he light emitting device of claim 11, wherein the wall defines a concave cup (“retention structure 12” forms a cavity in which “LED chip 18” and “filler material 14” as seen in FIG. 2A and can be considered a concave cup.). Regarding claim 20, Reiherzer, modified by Iwaki, teaches the he light emitting device of claim 11, wherein the wall and the plate both have properties of light transmission and reflection, and a light transmission rate of the wall or the plate is greater than 30% (“Retention structure 12 can comprise a clear or light transmissive wall” para. 0068. By the description of “retention structure 12” as being clear, the examiner understands that the “retention structure 12” can transmit a substantial majority of light, greater than 30%.). Regarding claim 21, Reiherzer, modified by Iwaki, teaches wherein H4 = C*(H2/H1) + 0.1179, and a value of C ranges from 0.029 to 0.058 (applying the relationship with the values taught for H2 and H1, H2 can be 3mm and H1 can be any value below H2, such as 0.1-2.9mm. From the relationship using C = 0.029, H4 can be 0.15-0.99mm, and using C = 0.058, H4 can be 0.18-1.86mm. H4 is taught to be between 01mm and 2mm. The claimed range is thereby anticipated.). Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Reiherzer, modified by Iwaki, as applied to claim 1, in view of Yamada et al. US 20200313047 A1 (hereinafter referred to as Yamada). Reiherzer, modified by Iwaki, teaches the light emitting device of claim 11 but fails to teach wherein a maximum thickness of the plate is H3 microns, a value of H3 ranges from 50 to 250. Nevertheless, Yamada teaches wherein a maximum thickness of the plate (“light-transmissive body 90” para. 0065 FIG. 1B) is H3 microns, a value of H3 ranges from 50 to 250 (“the thickness can be in the range of, for example, 30 µm or greater and 300 µm or less, preferably 40 µm or greater and 280 µm or less. more preferably 50 µm or greater and 270 µm or less”. Yamada para. 0065). Reiherzer, modified by Iwaki, and Yamada teach LEDs inside wall structures. The layer of “filler material 14”, and thus its “layer 14’ ”, provide mechanical and environmental protection to the light emitting device (para. 0072). Similarly, Yamada teaches the use of “light- transmissive body 90” to inhibit oxygen and moisture from contacting the “phosphor member 50” and reacting with the phosphor particles (para. 0065). Thickness of “light-transmissive body 90” is not limited so long as it protects the device from the environment (Yamada para. 0065). One of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that a wide range of thicknesses of the “light-transmissive body 90” are suitable to protect the fluorescent resin from damage due to oxygen and water. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light-emitting device taught between Reiherzer and Iwaki with the plate thickness taught in Yamada. Any thickness of the plate can be used as long as the plate prevents penetration of oxygen and moisture. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC MULERO FLORES whose telephone number is (571)270-0070. The examiner can normally be reached Mon-Fri 8am-5pm (typically). 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, Julio Maldonado can be reached at (571)272-1864. 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. /ERIC MANUEL MULERO FLORES/ Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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Prosecution Timeline

Aug 23, 2022
Application Filed
Apr 29, 2025
Non-Final Rejection — §103
Aug 04, 2025
Response Filed
Aug 18, 2025
Final Rejection — §103
Nov 20, 2025
Request for Continued Examination
Nov 25, 2025
Response after Non-Final Action
Jan 09, 2026
Non-Final Rejection — §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

3-4
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+18.5%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 58 resolved cases by this examiner. Grant probability derived from career allow rate.

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