Prosecution Insights
Last updated: October 23, 2026
Application No. 17/885,765

LIGHT EMITTING DEVICE WITH LIGHT-ALTERING MATERIAL LAYER, AND FABRICATION METHOD UTILIZING SEALING TEMPLATE

Non-Final OA §103
Filed
Aug 11, 2022
Examiner
DUREN, TIMOTHY EDWARD
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
CreeLED Inc.
OA Round
5 (Non-Final)
82%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
51 granted / 62 resolved
+14.3% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
10 currently pending
Career history
92
Total Applications
across all art units

Statute-Specific Performance

§103
51.3%
+11.3% vs TC avg
§102
33.6%
-6.4% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . General Remarks 2. 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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection. 3. When responding to this office action, applicants are advised to provide the examiner with paragraph numbers in the application and/or references cited to assist the examiner in locating appropriate paragraphs. 4. Per MPEP 2111 and 2111.01, the claims are given their broadest reasonable interpretation and the words of the claims are given their plain meaning consistent with the specification without importing claim limitations from the specification. Continued Examination Under 37 CFR 1.114 5. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/06/2026 has been entered. Response to Arguments 6. Applicant's arguments filed 7/12/2026 have been fully considered but they are not persuasive. Regarding claims 1 and 14, the applicant argues the prior art does not teach the newly amended limitations, i.e. “wherein the scattering material layer is non-overlapping relative to the central portion of the lumiphoric material layer.” In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, referring to Figure 2A of Camras, the newly amended limitations are anticipated by Camras alone because the window element 222 has a central portion which does not overlap the second silicone 232. Regardless of Leung not anticipating the newly amended limitations, they remain anticipated by Camras. Further, one of ordinary skill in the art may have modified the teachings of Camras, i.e. “wherein the scattering material layer is non-overlapping relative to the central portion of the lumiphoric material layer” with the invention of Leung given the rationale provided in the rejection below. 7. Applicant's arguments filed 7/12/2026 have been fully considered but they are not persuasive. Regarding claims 3 and 15, in response to applicant's argument that “it is not logically tenable for the examiner to rely on Leung as disclosing a scattering material… and then point to a scattering material layer of Camras having an entirely different geometry…”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981) Claim Rejections - 35 USC § 103 8. 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. 9. Claims 1, 3, 5-8, 11 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Camras, Michael D et al. (Pub No. US 20110062469 A1) (hereinafter, Camras) in view of Leung, Michael et al. (Pub No. US 20090224277 A1) (hereinafter, Leung), and further in view of Watanabe, Yusuke Shizuoka (Pub No. US 20150263239 A1) (hereinafter, Watanabe). Camras, Fig 2A: Molded lens with light emitter and lumiphoric layer PNG media_image1.png 369 523 media_image1.png Greyscale Re Claim 1, (Currently Amended) Camras teaches a solid state light emitting device (Figs 2A, 15), comprising: at least one LED (LED die; 202; Fig 2A; ¶[0019]) mounted over a first surface (Upper surface; Fig 2A; ¶[0020]) of a submount (210; Fig 2A; ¶[0020]), with an outer surface (Upper and side surfaces of LED die 202; Fig 2A) of the at least one LED (LED die; 202; Fig 2A; ¶[0019]) being distal (Side and upper surfaces not contacting submount 210; Fig 2A) from the first surface; a lumiphoric material layer (Window element; 222; Fig 2A; Per ¶[0034] also known as wavelength converting element) comprising lumiphoric material (Ceramic phosphor plate, i.e. luminiscent ceramics; ¶¶[0034,0035]), the lumiphoric material layer being arranged over an entirety of the outer surface (Spans entirety of LED die 202 outer surface; Fig 2A) of the at least one LED, wherein lateral edge surfaces (Side surfaces of LED die 202; Fig 2A) of the at least one LED are devoid of lumiphoric material, and a fill material layer (Reflective underfill material; 1512; Fig 15; ¶[0095]) comprising fill material (Silicone filled with a reflective thermal grease, a metal film, reflective or scattering particles, or a combination thereof may also be used; ¶[0095]), and the fill material layer contacting the lateral edge surfaces (Side surfaces of LED die 202; Fig 15) of the at least one LED, the fill material comprising white or light-reflective particles (Reflective or scattering particles; ¶[0095]) dispersed in a binder (Silicone; ¶[0095]). a scattering material layer (Second silicone; 232; Fig 2A; ¶[0046]) contacting lateral boundaries (Sides of window element 222; Fig 2A) of the lumiphoric material layer; and wherein the scattering material layer is non-overlapping relative to the central portion of the lumiphoric material layer (Second silicone 232 does not overlap the central portion of window element 222). However, Camras does not teach the lumiphoric material layer being in contact with the outer surface of the at least one LED, wherein a proximal surface of the lumiphoric material layer is arranged between an opposing, parallel distal surface of the lumiphoric material layer and the outer surface of the at least one LED, and wherein the proximal surface of the lumiphoric material layer has a greater width than the distal surface; and wherein a central portion of the lumiphoric material layer is arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion of the lumiphoric material is less than an average thickness of the central portion of the lumiphoric material. wherein the lumiphoric material layer overlaps a portion of the fill material layer proximate to a perimeter of the outer surface of the at least one LED, with the peripheral portion of the lumiphoric material layer being arranged over a portion of the fill material in a region around a perimeter of the outer surface of the at least one LED; and wherein the scattering material layer conforms to lateral boundaries of the peripheral portion of the lumiphoric material layer, with a portion of the scattering material layer overlapping the peripheral portion of the lumiphoric material layer. Leung, Fig 17B: Lumiphoric layer disposed over LED PNG media_image2.png 187 484 media_image2.png Greyscale In the same field of endeavor, Leung teaches wherein a proximal surface (Convex lower surface; 19B; Fig 17B; ¶[0100]) of the lumiphoric material layer (Luminescent conversion element; 19; Fig 17B; ¶[0100]) is arranged between an opposing, parallel distal surface (Convex upper surface; 19A; Fig 17B; ¶[0100]; Note: The upper surface 19A has a portion parallel to lower surface 19B) of the lumiphoric material layer and the outer surface (Outer surface of LED 103a) of the at least one LED (LED; 103a; Figs 2/17B; ¶[0003]), and wherein the proximal surface of the lumiphoric material layer has a greater width (Greater width on the parallel portions of 19B than 19A; Fig 17B) than the distal surface; and wherein a central portion (Central portion of 19; Fig 17B) of the lumiphoric material layer is arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion (Vertical thickness of outer portions of 19; Fig 17B) of the lumiphoric material is less than an average thickness (Vertical thickness of central portions of 19; Fig 17B) of the central portion of the lumiphoric material. wherein the lumiphoric material layer overlaps a portion of the fill material layer (Encapsulant material; 14; Fig 17B; ¶[0079]) proximate to a perimeter (Perimeter of LED 103a; Figs 2/17B) of the outer surface of the at least one LED, with the peripheral portion of the lumiphoric material layer being arranged over a portion (Portion of encapsulant 14 surrounding LED 103a; Figs 2/17B) of the fill material in a region around a perimeter (Region around perimeter of LED 103a; Fig 17B) of the outer surface of the at least one LED. and wherein the scattering material layer (Third encapsulant material; 17; Fig 17B; ¶[0105]) conforms to lateral boundaries of the peripheral portion (Side surfaces of peripheral portion of luminescent conversion element 19; Fig 17B) of the lumiphoric material layer, with a portion (Portions of encapsulant 17 on periphery of luminescent conversion element 19; Fig 17B) of the scattering material layer overlapping the peripheral portion of the lumiphoric material layer. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by using a lumiphoric material layer comprising of a proximal portion having a greater width than a parallel to a distal portion of the lumiphoric material layer, a central portion of the lumiphoric material layer to be arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion of the lumiphoric material is less than an average thickness of the central portion of the lumiphoric material, wherein the lumiphoric material layer overlaps a portion of the fill material layer proximate to a perimeter of the outer surface of the at least one LED, with the peripheral portion of the lumiphoric material layer being arranged over a portion of the fill material in a region around a perimeter of the outer surface of the at least one LED; and wherein the scattering material layer conforms to lateral boundaries of the peripheral portion of the lumiphoric material layer, with a portion of the scattering material layer overlapping the peripheral portion of the lumiphoric material layer, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that substantially all emissions of at least one LED may be absorbed by one or more lumiphoric materials, due to the shape and thickness of the lumiphoric material having a design such that all emissions are captured and a desired perceived color is obtained. Further, the light travelling through the lumiphoric material which has a proximal surface of greater width than the distal surface would take much shorter time passing through the material by being refracted in a direction closer to the normal of the tangent line along the surface, as suggested by Leung (¶[0093]). Further, the efficiently coupling the light emitted from the LED to the scattering material layer, it is possible to improve the utilization efficiency of the light emitted from the LED. Finally, the luminescent conversion element 19 may be chosen or altered to offset and control the path length difference of light rays emitted from the LED which travels through first encapsulant material 14, and the luminescent conversion element 19 must be disposed over the fill material layer proximate to the outer surface of the LED, as the fill material layer defines the lower sidewall 6 of reflector 4 that encompasses the first encapsulant material transmitting the light rays from the LED, as suggested by Leung (¶[0108]). However, Camras in view of Leung does not teach the lumiphoric material layer being in contact with the outer surface of the at least one LED. In the same field of endeavor, Watanabe teaches the lumiphoric material layer (Phosphor layer; 52; Fig 26; ¶[0069]) being in contact with the outer surface (Upper surface of LED 1; Fig 26) of the at least one LED (LED Device; 1; Fig 26; ¶[0067]). Watanabe, Fig 26: Phosphor layer disposed directly over LED in light-emitting apparatus PNG media_image3.png 339 455 media_image3.png Greyscale It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras in view of Leung by using the lumiphoric material layer being in contact with the outer surface of the at least one LED, as disclosed by Watanabe. One of ordinary skill in the art would have been motivated to make this modification such that light leakage from the LED can be mitigated from laterally emitted light, due to the phosphor layer being directly disposed over the LED, such that the entire radiated light may be transmitted through the phosphor layer, as suggested by Watanabe (¶[0010]). Re Claim 3, (Previously Presented) Camras teaches the solid state light emitting device of claim 1, wherein the scattering material layer (Second silicone; 232; Fig 2A; ¶[0046]) comprises a maximum height (Height of second silicone 232; Fig 2A) substantially equal to a maximum height (Height of window element 222; Fig 2A) of the lumiphoric material layer (Window element; 222; Fig 2A; ¶[0034]). Camras, Fig 15: Light emitter with reflective fill material PNG media_image4.png 381 524 media_image4.png Greyscale Re Claim 5, (Previously Presented) Camras teaches the solid state light emitting device of claim 1, wherein the fill material (Reflective underfill material; 1512; Fig 15; ¶[0095]) is compositionally identical (May both be silicone; ¶¶[0046,0095]) to the scattering material layer (Second silicone; 232; Fig 2A; ¶[0046]). Re Claim 6, (Previously Presented) Camras does not teach the solid state light emitting device of claim 1, wherein the lumiphoric material layer overlaps less than an entirety of the fill material layer. In the same field of endeavor, Leung teaches the solid state light emitting device of claim 1, wherein the lumiphoric material layer (Luminescent conversion element; 19; Fig 17B; ¶[0100]) overlaps less than an entirety (Referring to Fig 17B encapsulant material 17 surrounding periphery of lumiscent conversion element 19) of the fill material layer (Encapsulant material; 14/17; Fig 17B; ¶¶[0067, 0103]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by making the lumiphoric material layer overlap a portion of the fill material layer proximate to a perimeter of the outer surface of the at least one LED, and the lumiphoric material layer overlaps less than an entirety of the fill material layer, as disclosed by Leung, One of ordinary skill in the art would have been motivated to make this modification in order to have emissions reflect on the concave surface such as to direct emissions in one or more desired directions and/or generate one or more desired beam patterns. Re Claim 7, (Previously Presented) Camras does not teach the solid state light emitting device of claim 1, wherein: the peripheral portion of the lumiphoric material layer is arranged over a portion of the fill material in a region around the entire perimeter of the outer surface of the at least one LED; and In the same field of endeavor, Leung teaches the solid state light emitting device of claim 6, wherein: the peripheral portion (Outer portions of 19; Fig 17B) of the lumiphoric material layer is arranged over a portion of the fill material (Encapsulant material; 14; Fig 17B; ¶[0103]) in a region around the entire perimeter of the outer surface of the at least one LED; and It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by making the peripheral portion of the lumiphoric material layer is arranged over a portion of the fill material in a region around a perimeter of the outer surface of the at least one LED, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that substantially all emissions of at least one LED may be absorbed by one or more lumiphoric materials, due to the shape and thickness of the lumiphoric material having a design such that all emissions are captured and a desired perceived color is obtained. Re Claim 8, (Previously Presented) Camras does not teach the solid state light emitting device of claim 1, wherein the peripheral portion of the lumiphoric material layer comprises a non-uniform thickness. In the same field of endeavor, Leung teaches the solid state light emitting device of claim 7, wherein the peripheral portion (Outer portions; Fig 17B) of the lumiphoric material layer (Luminescent conversion element; 19; Fig 17B; ¶[0100]) comprises a non-uniform thickness (Changing thickness over space; Fig 17B). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by changing the peripheral portion of the lumiphoric material layer to comprise a non-uniform thickness, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that substantially all emissions of at least one LED may be absorbed by one or more lumiphoric materials, due to the shape and thickness of the layers of lumiphoric material having a design such that all emissions are captured and a desired perceived color is obtained. Re Claim 11, (Previously Presented) Camras teaches the solid state light emitting device of claim 1, further comprising a lens material (Lens; 714/1414; Figs 7/15; ¶[0078]) arranged in contact with the lumiphoric material layer (Window element; 222; Figs 7/15; ¶[0034]) and overlying at least a portion of the fill material layer (Reflective underfill material; 1512; Fig 15; ¶[0095]). Re Claim 14, (Currently Amended) Camras teaches a solid state light emitting device, comprising: at least one LED (LED die; 202; Fig 2A; ¶[0019]) mounted over a first surface (Upper surface; Fig 2A; ¶[0020]) of a submount (210; Fig 2A; ¶[0020]), with an outer surface (Upper and side surfaces of LED die 202; Fig 2A) of the at least one LED (LED die; 202; Fig 2A; ¶[0019]) being distal (Side and upper surfaces not contacting submount 210; Fig 2A) from the first surface; a lumiphoric material layer (Window element; 222; Fig 2A; Per ¶[0034] also known as wavelength converting element) comprising lumiphoric material (Ceramic phosphor plate, i.e. luminiscent ceramics; ¶¶[0034,0035]) applied over an entirety of the outer surface (Spans entirety of LED die 202 outer surface; Fig 2A) of the at least one LED, wherein lateral edge surfaces (Side surfaces of LED die 202; Fig 2A) of the at least one LED are devoid of lumiphoric material; and a scattering material layer (Second silicone; 232; Fig 2A; ¶[0046]) contacting lateral boundaries (Edges of window element 222; Fig 2A; ¶[0046]) of the lumiphoric material layer (Window element; 222; Fig 2A; ¶[0034]); and wherein the scattering material layer is non-overlapping relative to the central portion of the lumiphoric material layer (Second silicone 232 does not overlap the central portion of window element 222). However, Camras does not teach the lumiphoric material layer being in contact with the outer surface of the at least one LED, wherein a proximal surface of the lumiphoric material layer is arranged between an opposing, parallel distal surface of the lumiphoric material layer and the outer surface of the at least one LED, and wherein the proximal surface of the lumiphoric material layer has a greater width than the distal surface; and wherein a central portion of the lumiphoric material layer is arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion of the lumiphoric material is less than an average thickness of the central portion of the lumiphoric material. wherein the scattering material layer conforms to lateral boundaries of the peripheral portion of the lumiphoric material layer, with a portion of the scattering material layer overlapping the peripheral portion of the lumiphoric material layer. In the same field of endeavor, Leung teaches wherein a proximal surface (Convex lower surface; 19B; Fig 17B; ¶[0100]) of the lumiphoric material layer (Luminescent conversion element; 19; Fig 17B; ¶[0100]) is arranged between an opposing, parallel distal surface (Convex upper surface; 19A; Fig 17B; ¶[0100]; Note: The upper surface 19A has a portion parallel to lower surface 19B) of the lumiphoric material layer and the outer surface (Outer surface of LED 103a) of the at least one LED (LED; 103a; Figs 2/17B; ¶[0003]), and wherein the proximal surface of the lumiphoric material layer has a greater width (Greater width on the parallel portions of 19B than 19A; Fig 17B) than the distal surface; and wherein a central portion (Central portion of 19; Fig 17B) of the lumiphoric material layer is arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion (Vertical thickness of outer portions of 19; Fig 17B) of the lumiphoric material is less than an average thickness (Vertical thickness of central portions of 19; Fig 17B) of the central portion of the lumiphoric material. and wherein the scattering material layer (Third encapsulant material; 17; Fig 17B; ¶[0105]) conforms to lateral boundaries of the peripheral portion (Side surfaces of peripheral portion of luminescent conversion element 19; Fig 17B) of the lumiphoric material layer, with a portion (Portions of encapsulant 17 on periphery of luminescent conversion element 19; Fig 17B) of the scattering material layer overlapping the peripheral portion of the lumiphoric material layer. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by using a lumiphoric material layer comprising of a proximal portion having a greater width than a parallel to a distal portion of the lumiphoric material layer, a central portion of the lumiphoric material layer to be arranged over the entirety of the outer surface of the at least one LED, and an average thickness of a peripheral portion of the lumiphoric material is less than an average thickness of the central portion of the lumiphoric material, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that substantially all emissions of at least one LED may be absorbed by one or more lumiphoric materials, due to the shape and thickness of the lumiphoric material having a design such that all emissions are captured and a desired perceived color is obtained. Further, the light travelling through the lumiphoric material which has a proximal surface of greater width than the distal surface would take much shorter time passing through the material by being refracted in a direction closer to the normal of the tangent line along the surface, as suggested by Leung (¶[0093]). Further, the efficiently coupling the light emitted from the LED to the scattering material layer, it is possible to improve the utilization efficiency of the light emitted from the LED. However, Camras in view of Leung does not teach the lumiphoric material layer being in contact with the outer surface of the at least one LED. In the same field of endeavor, Watanabe teaches the lumiphoric material layer (Phosphor layer; 52; Fig 26; ¶[0069]) being in contact with the outer surface (Upper surface of LED 1; Fig 26) of the at least one LED (LED Device; 1; Fig 26; ¶[0067]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras in view of Leung by using the lumiphoric material layer being in contact with the outer surface of the at least one LED, as disclosed by Watanabe. One of ordinary skill in the art would have been motivated to make this modification such that light leakage from the LED can be mitigated from laterally emitted light, due to the phosphor layer being directly disposed over the LED, such that the entire radiated light may be transmitted through the phosphor layer, as suggested by Watanabe (¶[0010]). Re Claim 15, (Previously Presented) Camras teaches the solid state light emitting device of claim 14, wherein the scattering material layer (Second silicone; 232; Fig 2A; ¶[0046]) comprises a maximum height (Height of second silicone 232; Fig 2A) substantially equal to a maximum height (Height of window element 222; Fig 2A) of the lumiphoric material layer (Window element; 222; Fig 2A; ¶[0034]). Re Claim 16, (Previously Presented) Camras teaches the solid state light emitting device of claim 14, further comprising a fill material layer (Reflective underfill material; 1512; Fig 15; ¶[0095]) contacting the lateral edge surfaces (Side surfaces of LED die 202; Fig 15) of the at least one LED (LED die; 202; Fig 15; ¶[0019]), the fill material layer comprising white or light-reflective particles (Reflective or scattering particles; ¶[0095]) dispersed in a binder (Silicone; ¶[0095]). However, Camras does not teach wherein the scattering material layer is arranged over at least a portion of the fill material layer. In the same field of endeavor, Leung teaches wherein the scattering material layer (First encapsulant material; 14/17; Fig 18A; Per ¶[0017] may include scattering material) is arranged over at and contacts least a portion (Lower sidewall; 6; Fig 18A; ¶[0111]) of the fill material layer (Reflector; 4; Figs 18A; ¶[0111]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by making the scattering material layer arranged over at least a portion of the fill material layer, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification in order to obtain a distinct convex meniscus of the encapsulant material 14 around reflector 4, and the incidence of doming failure may be reduced. Furthermore, a provided meniscus control may reduce the difficulty of lens placement at a desired depth and/or angle, reduce lens wicking or squeeze-out of encapsulant material onto the top of the lens and/or allow for configuration of the optical characteristics of the packaged light emitting device, as suggested by Leung (¶¶[0069]). Re Claim 17, (Previously Presented) Camras does not teach the solid state light emitting device of claim 16, wherein a portion of the lumiphoric material layer overlaps a portion of the fill material layer proximate to a perimeter of the outer surface of the at least one LED. In the same field of endeavor, Leung teaches the solid state light emitting device of claim 16, wherein a portion of the lumiphoric material layer (Luminiscent conversion element; 19; Figs 18A-18C; ¶[0110]) overlaps a portion (Lower sidewall; 6; Figs 18A-18C; ¶[0111]) of the fill material layer (Reflector; 6; Figs 18A-18C; ¶[0111]) proximate to a perimeter of the outer surface (Near edges of LED 103; Figs 3A/18A) of the at least one LED (Light emitting device; 103; Figs 3A/18A; ¶[0003]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by making the scattering material layer arranged over at least a portion of the fill material layer, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that luminescent conversion element 19 may be chosen or altered to offset and control the path length difference of light rays emitted from the LED which travels through first encapsulant material 14. Furthermore, the luminescent conversion element 19 must be disposed over the fill material layer proximate to the outer surface of the LED, as the fill material layer defines the lower sidewall 6 of reflector 4 that encompasses the first encapsulant material transmitting the light rays from the LED, as suggested by Leung (¶[0108]). Re Claim 18, (Previously Presented) Camras teaches the solid state light emitting device of claim 14, further comprising lens material (Lens; 714; Fig 7; ¶[0078]) arranged in contact with the lumiphoric material layer (Window element; 222; Fig 2A; ¶[0034]) and at least a portion (Upper surface of 232; Fig 2A) of the scattering material layer (Second silicone; 232; Fig 2A; ¶¶[0044, 0046]; Per ¶[0044] heat sink 224 of Fig 2A is optional, such that the lens 214 is in contact with second silicone 232). Re Claim 19, (Previously Presented) Camras does not teach the solid state light emitting device of claim 16, wherein: the peripheral portion of the lumiphoric material layer is arranged over a portion of the fill material in a region around a perimeter of the outer surface of the at least one LED; and In the same field of endeavor, Leung teaches the solid state light emitting device of claim 16, wherein: the peripheral portion (Outer portions of 19; Fig 17B) of the lumiphoric material layer is arranged over a portion of the fill material (Encapsulant material; 17; Fig 17B; ¶[0103]) in a region around an entire perimeter of the outer surface of the at least one LED; and It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras by making the peripheral portion of the lumiphoric material layer is arranged over a portion of the fill material in a region around a perimeter of the outer surface of the at least one LED, as disclosed by Leung. One of ordinary skill in the art would have been motivated to make this modification such that substantially all emissions of at least one LED may be absorbed by one or more lumiphoric materials, due to the shape and thickness of the lumiphoric material having a design such that all emissions are captured and a desired perceived color is obtained. 10. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Camras, Michael D et al. (Pub No. US 20110062469 A1) (hereinafter, Camras) in view of Leung, Michael et al. (Pub No. US 20090224277 A1) (hereinafter, Leung) and Watanabe, Yusuke Shizuoka (Pub No. US 20150263239 A1) (hereinafter, Watanabe) as applied to claims 2 and 7 above, and further in view of Sano, Masahiko et al. (Pub No. JP 2022093483 A) (hereinafter, Sano). Re Claim 4, (Previously Presented) Camras teaches the solid state light emitting device of claim 1, further comprising a lens material (Lens; 714; Fig 7; ¶[0078]) arranged in contact with the lumiphoric material layer (Window element; 222; Fig 7; ¶[0078]). However, Camras in view of Leung and Watanabe does not teach a lens in contact with at least a portion of the scattering material layer. In the same field of endeavor, Sano teaches a lens (Sealing member/optical lens; 80; Fig 8; ¶[0062]) in contact with at least a portion of the scattering material layer (Covering member; 40; Fig 8; ¶[0013]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Light Emitting Device as disclosed by Camras in view of Leung and Watanabe by making a lens in contact with at least a portion of the scattering material layer, as disclosed by Sano. One of ordinary skill in the art would have been motivated to make this modification such that covering member 40 reflects the light of the sealing member 80 on the surface of the covering member 40 to the outside. Furthermore, by efficiently taking out the light and making the surface of the covering member 40 on the light emitting side a concave surface inclined from the side surface of the light transmitting member 20 toward the substrate 50, the light is diffused and the emitted light of the light emitting device can be oriented in a wide range, as suggested by Sano (¶[0062]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY EDWARD DUREN whose telephone number is (703)756-1426. The examiner can normally be reached 07:30 - 17:00 PST. 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, Eliseo Ramos-Feliciano can be reached at (571) 272-7925. 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. /T.E.D./ Examiner Art Unit 2817 /ELISEO RAMOS FELICIANO/Supervisory Patent Examiner, Art Unit 2817
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Prosecution Timeline

Show 7 earlier events
Oct 16, 2025
Response after Non-Final Action
Nov 20, 2025
Non-Final Rejection mailed — §103
Feb 20, 2026
Response Filed
May 14, 2026
Final Rejection mailed — §103
Jul 12, 2026
Response after Non-Final Action
Aug 06, 2026
Request for Continued Examination
Aug 08, 2026
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §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

5-6
Expected OA Rounds
82%
Grant Probability
94%
With Interview (+11.7%)
3y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 62 resolved cases by this examiner. Grant probability derived from career allowance rate.

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