Prosecution Insights
Last updated: July 17, 2026
Application No. 18/047,989

OPTICAL MEMBER AND LIGHT-EMITTING DEVICE

Non-Final OA §103
Filed
Oct 19, 2022
Priority
Oct 20, 2021 — JP 2021-171592
Examiner
TAN, DAVE
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
3 (Non-Final)
92%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
12 granted / 13 resolved
+24.3% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
20 currently pending
Career history
40
Total Applications
across all art units

Statute-Specific Performance

§103
93.2%
+53.2% vs TC avg
§102
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 13 resolved cases

Office Action

§103
/CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897 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 Amendments Acknowledgment is made of the amendment filed 04/01/2026 (“Amend.”), in which: claims 1, 4-7, 13, 15, and 16 are amended; claims 3 and 17 are cancelled; new claims 18 and 19 are added; and the rejection of the claims are traversed. Claims 1, 2, 4-16, 18, and 19 are currently pending an Office action on the merits as follows. Response to Arguments Applicant’s arguments with respect to claims 1, 2, 4-16, 18, and 19 have been fully considered but are moot in view of the new grounds of rejection. 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. Claims 1, 2, 4, 13-16, and 19 is/are rejected under 35 U.S.C. 103 as being anticipated by Sogo, US 20200295532, in view of Lee et al, US 20200144327. Regarding claim 1, Sogo discloses : An optical member comprising: a first wavelength conversion member including a wavelength conversion portion and a ceramic portion surrounding lateral surfaces of the wavelength conversion portion(Fig. 4, #90 to include #91 and #92 and #92 may be ceramic [0066]); [[and]] a first light shielding film arranged on an outer lateral surface of the first wavelength conversion member(#100); a light-transmitting member having an upper surface(#80); and a light shielding member disposed on the upper surface of the light-transmitting member(#100 disposed on upper surface of #80), wherein the first wavelength conversion member is disposed on the upper surface of the light- transmitting member(#90 disposed on top of #80). Sogo does not disclose : one or more materials forming the first light shielding film and one or more materials forming the light shielding member are not the same. However, in the same field of endeavor, Lee teaches : one or more materials forming the first light shielding film and one or more materials forming the light shielding member are not the same(Fig. 11, #45 on a lateral surface of #53a may be made of black matrix resin or light scattering particles [0042] and #55 on an upper surface of #C4b may include a pigment or a dye[0056]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of the light shielding structures of Lee to Sogo to prevent optical interference (Lee [0035]). Regarding claim 2, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : wherein the ceramic portion(#92) defines a void and has reflectivity for reflecting light emitted from the wavelength conversion portion(#92 includes voids to increase reflectance[0111]). Regarding claim 4, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : further comprising: a first wiring layer(#94) arranged on a lower surface of the first wavelength conversion member(#94 disposed on lower face of #90[0112]); and a plurality of second wiring layers(#82) arranged on the upper surface of the light-transmitting member(#80 includes #82 on the upper surface [0057]), and electrically connected to the first wiring layer(#82 and #94 are electrically connected [0117]). Regarding claim 13, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : wherein the first light shielding film is arranged on an upper surface of the ceramic portion and an outer lateral surface of the ceramic portion but not arranged on at least a portion of an upper surface of the wavelength conversion portion(#100 may be on the lateral surface of #90 and reach the upper face of #92 but not the upper surface of #91 [0140]). Regarding claim 14, Sogo as modified by Lee discloses : A light-emitting device(Fig. 4, #1) comprising: the optical member according to claim 1. Sogo teaches : a package including a base portion(#10) and a wall portion(#15) extending from the base portion; and a plurality of semiconductor laser elements disposed in a space defined by the package and the optical member(Fig. 7, #20 disposed package). Regarding claim 15, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : wherein the first light shielding film is arranged on an entirety of the outer lateral surface of the first wavelength conversion member(#100 may be on the lateral surface of #90 and reach the upper face of #92 but not the upper surface of #91 [0140]). Regarding claim 16, Sogo as modified by Lee discloses : The optical member according to claim 13. Sogo teaches : wherein the first light shielding film is arranged on an entirety of the upper surface of the ceramic portion and an entirety of the outer lateral surface of the ceramic portion(#100 may be on the lateral surface of #90 and reach the upper face of #92 but not the upper surface of #91 [0140]). Regarding claim 19, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : wherein the light shielding member does not overlap the wavelength conversion portion in a top plan view(Fig. 1, #100 may reach #92 but not #91 [0140]). Claims 5, 6, 8, and 10-12 is/are rejected under 35 U.S.C. 103 as being anticipated by Sogo, US 20200295532, hereafter ‘Sogo’, in view of Lee et al, US 20200144327, in further view of Adema, US 20160258597. Regarding claim 5, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo teaches : wavelength conversion members(#90) each including a wavelength conversion portion(#91) and a ceramic portion(#92) surrounding lateral surfaces(#92 surrounds #91 as depicted in Fig. 1) of the wavelength conversion portion; wherein the wavelength conversion members is disposed on the upper surface of the light-transmitting member(Fig. 3, #90 is disposed on top of #80). Lee teaches : and one or more second light shielding films each arranged on an outer lateral surface of the second wavelength conversion member(#45 on an outer lateral surface of #53a, #52a, and #54a). Sogo as modified by Lee does not disclose : one or more second wavelength conversion members. However, in the same field of endeavor, Adema teaches one or more second wavelength conversion members(Fig. 3 depicts various example set up of an array that include one or more wavelength conversion members). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the teachings of Adema to Sogo and Lee to have the wavelength conversion members of Sogo and Lee applied to the array set up of Adema to properly dissipate heat which can permit higher energy levels and can therefore generate more light(Adema [0003]). Regarding claim 6, Sogo as modified by Lee and Adema discloses : The optical member according to claim 5. Adema teaches : wherein the first wavelength conversion member and the one or more second wavelength conversion members are disposed side by side (Fig. 3, multiple example configurations of wavelength conversion), [[and]] the ceramic portions of adjacent ones of the first wavelength conversion member and the one or more second wavelength conversion members are spaced apart from each other(Fig. 3, #307-1, 307-2,307-3,307-4,307-5 in each configuration is shown to be spaced apart from one another). Lee teaches :the first light shielding film and the one or more second light shielding films are spaced apart from each other(Fig. 11, #45 separated by #52, #53, and #54). Regarding claim 8, Sogo as modified by Lee and Adema discloses : The optical member according to claim 5. Adema teaches : wherein the first wavelength conversion member and the one or more second wavelength conversion members are aligned in a first direction so that the wavelength conversion portions of the first wavelength conversion member and the one or more second wavelength conversion members are arranged with a pitch in the first direction ranging from 2 times to 5 times a width in the first direction of each of the wavelength conversion portions (Fig. 3, configuration #305-1, Array of wavelength configured to 5d≦t≦25d and 10d≦t≦20d where d is the centre to centre distance between the spots and t is a largest lateral dimension of the spot [0077]). Regarding claim 10, Sogo as modified by Lee and Adema discloses : The optical member according to claim 5. Sogo teaches : The optical member according to claim 5. further comprising: a first wiring layer(#94) arranged on a lower surface of the first wavelength conversion member(#94 disposed on lower face of #90[0112]) and a plurality of second wiring layers(#82 includes #822 and #821) arranged on the upper surface of the light-transmitting member(#80 includes #82 on the upper surface [0057]), and electrically connected to the first wiring layer(#82 and #94 are electrically connected [0117]). Adema teaches : : one or more second wavelength conversion members(Fig. 3, configuration of wavelength conversion member). Regarding claim 11, Sogo as modified by Lee and Adema discloses : The optical member according to claim 8. Sogo teaches : further comprising: a first wiring layer(#94) arranged on a lower surface of the first wavelength conversion member(#94 disposed on lower face of #90[0112]); and a plurality of second wiring layers(#82 includes #822 and #821) arranged on the upper surface of the light-transmitting member(#80 includes #82 on the upper surface [0057]), and electrically connected to the first wiring layer(#82 and #94 are electrically connected [0117]), wherein the second wiring layers are arranged side by side in the first direction(Fig.10 discloses the arrangement of wiring layers). Adema teaches : one or more second wavelength conversion members(Fig. 3, configuration of wavelength conversion member); Regarding claim 12, Sogo as modified by Lee and Adema discloses : The optical member according to claim 10. Sogo teaches : wherein the second wiring layers(#82) and the first wiring layer(#94). Sogo as modified by Lee and Adema does not disclose : each of the first wavelength conversion member and the one or more second wavelength conversion members are electrically connected in series. However, It would have been obvious to one of ordinary skill in the art at the time of the invention to have the first wiring layer and second wiring layer of the plurality of wavelength conversion members to be connected in series, because a person of ordinary skill would have had good reason to pursue the known option(s) of either connecting the first and second wiring layers in series, parallel, or series-parallel which is considered to be within his or her technical grasp. This leads to the anticipated success of electrical connection and it is determined that an electrical connection in series is not of innovation, but of ordinary skill and common sense. See KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385 (2007). Claims 7 and 9 is/are rejected under 35 U.S.C. 103 as being anticipated by Sogo, US 20200295532, hereafter ‘Sogo’, in view of Lee et al, US 20200144327, in further view of Adema, US 20160258597, in further view of Kajiyama et al, US 20200411588. Regarding claim 7, Sogo as modified by Lee and Adema discloses : The optical member according to claim 6. Sogo as modified by Lee as Adema does not disclose : wherein further comprising [[a]] the light shielding member is disposed on the upper surface of the light- transmitting member at least in a portion between adjacent ones of the first wavelength conversion member and the one or more second wavelength conversion members, and the first light shielding film and the one or more second light shielding films are connected via the light shielding member. However, in the same field of endeavor, Kajiyama teaches : wherein further comprising [[a]] the light shielding member is disposed on the upper surface of the light- transmitting member at least in a portion between adjacent ones of the first wavelength conversion member and the one or more second wavelength conversion members(Fig. 11b, #3 disposed on upper surface of #15 [0064] between #2r, #2g, and #2b),and the first light shielding film and the one or more second light shielding films are connected via the light shielding member(#3 connected in between #2r and #2g). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply the light shielding member of Kajiyama to Sogo, Lee, and Adema in between wavelength converters to fill a gap between adjacent wavelength converters (Kajiyama [0037]). Regarding claim 9, Sogo as modified by Lee, Adema, and Kajiyama discloses : The optical member according to claim 7. Adema teaches : wherein the first wavelength conversion member and the one or more second wavelength conversion members are aligned in a first direction so that adjacent ones of the first wavelength conversion member and the one or more second wavelength conversion members are spaced apart by a distance in the first direction ranging from 1/5 times to 1/1 times a width in the first direction of the wavelength conversion portion of each of the first wavelength conversion member and the one or more second wavelength conversion members (Fig.3, configuration #305-1 shows #307-1 aligned in a first direction Configuration of placement of wavelength conversion members determined by 5d≦t≦25d and 10d≦t≦20d, where d is a centre-to-centre distance between the spots and t is a largest lateral dimension[0004]). Claim 18 is/are rejected under 35 U.S.C. 103 as being anticipated by Sogo, US 20200295532, in view of Lee et al, US 20200144327, in further view of Baike, US 20180033929. Regarding claim 18, Sogo as modified by Lee discloses : The optical member according to claim 1. Sogo as modified by Lee does not disclose : wherein the light shielding film has a thickness ranging from 0.1 pm to 10 pm. However, in the same field of endeavor, Baike teaches : wherein the light shielding film has a thickness ranging from 0.1 pm to 10 pm(#10 may have a thickness 0 μm to 1000 μm). It would have been an obvious matter of design choice to have a light shielding member with a certain thickness to prevent leakage of light (Baike [0029]) , since such a modification would have involved a mere change in the size of component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). See MPEP 2144.04. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVE TAN whose telephone number is (571)272-6841. The examiner can normally be reached M-F: 8-4 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, CHAD DICKE can be reached at (571) 270-7996. 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. /D.T./Examiner, Art Unit 2897 /CHAD M DICKE/Supervisory Patent Examiner, Art Unit 2897
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Prosecution Timeline

Oct 19, 2022
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §103
Nov 06, 2025
Response Filed
Jan 26, 2026
Final Rejection mailed — §103
Apr 01, 2026
Response after Non-Final Action
Apr 26, 2026
Request for Continued Examination
Apr 29, 2026
Response after Non-Final Action
Jul 02, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
92%
Grant Probability
99%
With Interview (+9.1%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 13 resolved cases by this examiner. Grant probability derived from career allowance rate.

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