Prosecution Insights
Last updated: July 17, 2026
Application No. 17/976,949

SUBSTRATE FOR LIGHT EMITTING ELEMENTS, LIGHT EMITTING DEVICE INCLUDING SUBSTRATE FOR LIGHT EMITTING ELEMENTS, AND METHOD OF PRODUCING SUBSTRATE FOR LIGHT EMITTING ELEMENTS

Non-Final OA §112
Filed
Oct 31, 2022
Priority
Nov 19, 2021 — JP 2021-188538 +1 more
Examiner
CRAWFORD EASON, LATANYA N
Art Unit
2813
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
726 granted / 927 resolved
+10.3% vs TC avg
Minimal +0% lift
Without
With
+0.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
27 currently pending
Career history
966
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
83.4%
+43.4% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 927 resolved cases

Office Action

§112
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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 11/19/2021. It is noted that the foreign priority box was inadvertently checked in the non-final mailed on 10/01/2025 indicating that the certified copies of the priority documents have been received. This indication is hereby retracted. To date, the applicant has not filed a certified copy of the JP2021188538 application as required by 37 CFR 1.55. The priority claim remains unperfected until such a certified copy is provided. Allowable Subject Matter The previous indication of allowable subject matter of claims 1, 2, 4-16 , 17, 19-22 is hereby withdrawn. Upon further review of the claims in light of the requirements of 35 U.S.C. 112, it has been determined that the claims are indefinite and/or fails to meet the enablement/written description requirements as set forth below. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1, 2, 4-16 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 is not fully supported by the specification. The specification [0093] state the fiber bundle density “can be” greater , which fails to provide a clear written description of this density as a required structural feature. Furthermore, the specification lacks the necessary details on how to achieve a higher density or how it is measured. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 2, 4-16 , 17, 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “a density of the plurality of fiber bundles in the second portion is higher than a density of the plurality of fiber bundles in the first portion”. However, the term “density” is used as a term of degree without defined metrics, units, or a clear methodology for measurement, making the scope of the claim ambiguous to one of ordinary skill in the art. With regards to claim 17: The claim recites steps that result in a structure where the groove portions are formed at locations corresponding to the one or more recesses and where the groove portions divide the metal plate. The “corresponding to” and “divide” limitations are unclear and does not clearly define the structure , therefore the method steps are rendered indefinite. Claim 22: The limitations including ”‘first groove portion is provided so as to intersect with a line segment of shortest distance between the first electrically conductive layer and the second electrically conductive layer is ambiguous. The “shortest distance “ is not defined, nor are the points of measurement identified such that the metes and bounds of the claim can be determined by one of ordinary skill in the art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATANYA N CRAWFORD EASON whose telephone number is (571)270-3208. The examiner can normally be reached Monday-Friday 8:30 AM-4:30 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, Steven B Gauthier can be reached at (571)270-0373. 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. /LATANYA N CRAWFORD EASON/Primary Examiner, Art Unit 2813
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Prosecution Timeline

Oct 31, 2022
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §112
Dec 18, 2025
Response Filed
Apr 08, 2026
Final Rejection mailed — §112
Jun 01, 2026
Response after Non-Final Action
Jul 02, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12672400
DISPLAY DEVICE
3y 8m to grant Granted Jun 30, 2026
Patent 12642008
MEMORY DEVICE AND SEMICONDUCTOR DIE
4y 0m to grant Granted May 26, 2026
Patent 12641932
Display Device
3y 6m to grant Granted May 26, 2026
Patent 12628485
LIGHT-EMITTING CHIP STRUCTURE, DISPLAY DEVICE, AND METHOD FOR MANUFACTURING DISPLAY DEVICE
2y 9m to grant Granted May 12, 2026
Patent 12615883
NANOROD LIGHT EMITTING ELEMENT AND DISPLAY DEVICE INCLUDING THE SAME
3y 6m to grant Granted Apr 28, 2026
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
78%
Grant Probability
79%
With Interview (+0.3%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 927 resolved cases by this examiner. Grant probability derived from career allowance rate.

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