Prosecution Insights
Last updated: May 29, 2026
Application No. 18/155,902

LIGHT EMITTING DEVICE, LIGHT EMITTING PACKAGE AND APPARATUS INCLUDING THE SAME

Non-Final OA §103
Filed
Jan 18, 2023
Priority
Jan 18, 2022 — provisional 63/300,407 +1 more
Examiner
YEUNG LOPEZ, FEIFEI
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seoul Semiconductor Co. Ltd.
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
865 granted / 1067 resolved
+13.1% vs TC avg
Minimal -3% lift
Without
With
+-2.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
1111
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
85.0%
+45.0% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1067 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-3 and 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nago et al (PG Pub 2010/0187497 A1), Pan et al (PG Pub 2018/0211919 A1), Enya et al (PG Pub 2010/0220761 A1), Yamada (PG Pub 2003/0151004 A1). Regarding claim 1, Nago teaches a light emitting device comprising: a light generator comprising a first semiconductor layer (21/22, fig. 7), a second semiconductor layer (41-43), and an active layer (30) formed between the first semiconductor layer and the second semiconductor layer; and an electrode comprising a first electrode (50) electrically connected to the first semiconductor layer and a second electrode (60) electrically connected to the second semiconductor layer. Nago does not teach wherein for light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more is 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer is greater than 455nm and less than 465nm. It would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more was 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer was greater than 455nm and less than 465nm, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device. Regarding claim 3, Nago teaches the light emitting device according to claim 2, wherein the active layer includes is formed of a nitride-based material containing an indium content of 14% or more (15%, paragraphs [0041][0022]). Regarding claim 60, Nago teaches the light emitting device according to claim 1, wherein the light emitted from the light emitting device has additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength is 50nm to 100nm (fig. 4). Additionally, it would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the device to have additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength was 50nm to 100nm, according the its use, by adjusting material contents and the thicknesses of layers of the device. Claim(s) 1 and 62 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brandes (PG Pub 2009/0206322 A1), Pan et al (PG Pub 2018/0211919 A1), Enya et al (PG Pub 2010/0220761 A1), Yamada (PG Pub 2003/0151004 A1). Regarding claim 1, Brandes teaches a light emitting device (fig. 1A) comprising: a light generation layer comprising a first semiconductor layer (109, fig. 1B), a second semiconductor layer (108), and an active layer (103) formed between the first semiconductor layer and the second semiconductor layer; and an electrode comprising a first electrode (128) electrically connected to the first semiconductor layer and a second electrode (60) electrically connected to the second semiconductor layer. Brandes does not teach wherein for light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more is 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer is greater than 455nm and less than 465nm. It would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more was 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer was greater than 455nm and less than 465nm, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device. Regarding claim 62, Brandes teaches the light emitting device according to claim 1, wherein the light emitted from the light emitting device has a first additional peak wavelength in range of 500nm to 580nm, and a second additional peak wavelength in range of 600nm to 680nm (fig. 4D, paragraph [0068]). Additionally, as stated in claim 1, it would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the device to have a first additional peak wavelength in range of 500nm to 580nm, and a second additional peak wavelength in range of 600nm to 680nm, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device. Claim(s) 63, 67,70, and 74-75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nago et al (PG Pub 2010/0187497 A1), Seo (PG Pub 2010/0270571 A1), Pan et al (PG Pub 2018/0211919 A1), Enya et al (PG Pub 2010/0220761 A1), Yamada (PG Pub 2003/0151004 A1). Regarding claim 63, Nago teaches (see claim 1) a light emitting package comprising: wherein the light emitting device comprises a first light emitting device comprising a light generator configured to emit light and an electrode; the light generator comprises a first semiconductor layer, a second semiconductor layer, and an active layer formed between the first semiconductor layer and the second semiconductor layer; the electrode comprises a first electrode electrically connected to the first semiconductor layer and a second electrode electrically connected to the second semiconductor layer. Nago does not teach wherein for light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more is 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer is greater than 455nm and less than 465nm. It would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more was 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer was greater than 455nm and less than 465nm, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device. Nago does not teach a support substrate or a molding portion. In the same field of endeavor, Seo teaches a support substrate (12, fig. 5); a light emitting device (2) disposed on the support substrate and electrically connected to the support substrate; and a molding portion (20) formed on the support substrate to cover the light emitting device and formed of a light transmissive material (paragraph [0028]), for the benefits of integrating the LED and the molding as well as providing electrical bias to the LED with the support substrate (fig. 5), and for the benefit of protecting the LED with the molding portion (paragraph [0027]). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a support substrate; and to dispose the light emitting device on the support substrate and to electrically connect it to the support substrate; and to form a molding portion formed of a light transmissive material on the support substrate to cover the light emitting device and, for the benefits of integrating the LED and the molding as well as providing electrical bias to the LED with the support substrate, and for the benefit of protecting the LED with the molding portion. Regarding claim 67, Nago teaches the light emitting package according to claim 63, wherein the active layer has an indium content of 14% or more (15%, paragraphs [0041][0022]). Regarding claim 68, Nago teaches the light emitting package according to claim 63, wherein the light emitted from the light emitting device has an additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength is 50nm to 100nm (fig. 4). Additionally, as stated in claim 1, it would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the device to have additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength was 50nm to 100nm, according the its use, by adjusting material contents and the thicknesses of layers of the device. Regarding claim 70, Nago in view of Seo, Pan, Enya, and Yamada (see claims 1 and 63) teaches a light emitting apparatus, comprising: a support substrate; a light emitting device disposed on the support substrate to be electrically connected to the support substrate; and a molding portion formed on the support substrate to cover the light emitting device and formed of a light transmissive material, wherein the light emitting device comprises a first light emitting device comprising a light generator configured to emit light in a blue wavelength band and an electrode; the light generator comprises a first semiconductor layer, a second semiconductor layer, and an active layer formed between the first semiconductor layer and the second semiconductor layer; the electrode comprises a first electrode electrically connected to the first semiconductor layer and a second electrode electrically connected to the second semiconductor layer. Nago does not teach wherein for light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more is 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer is greater than 455nm and less than 465nm. It would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make light emitted from the light emitting device, a first spectral area of the light in wavelength of 455 nm or more was 50% or more of a second spectral area of the light in wavelength ranging from 400 nm to 500nm, and wherein a peak wavelength of light spectrum emitted from the active layer was greater than 455nm and less than 465nm, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device. Regarding claim 74, Nago teaches the light emitting apparatus according to claim 70, wherein the active layer has an indium content of 14% or more (15%, paragraphs [0041][0022]). Regarding claim 75, Nago teaches the light emitting apparatus according to claim 70, wherein the light emitted from the light emitting device has an additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength is 50nm to 100nm (fig. 4). Additionally, it would have been obvious to the skilled in the art before the effective filing date of the invention to optimize the spectrum of light emitted from the light emitting device, according to the intended use of the device, by adjusting material contents and the thicknesses of layers of the device (paragraph [0019] of Pan, paragraph [0076] of Enya, and paragraph [0139] of Yamada). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the device to have additional peak wavelength, and a difference between the peak wavelength and the additional peak wavelength was 50nm to 100nm, according the its use, by adjusting material contents and the thicknesses of layers of the device. Claim(s) 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nago et al (PG Pub 2010/0187497 A1), Pan et al (PG Pub 2018/0211919 A1), Enya et al (PG Pub 2010/0220761 A1), Yamada (PG Pub 2003/0151004 A1) as applied to claim 60 above, and further in view of Brandes (PG Pub 2009/0206322 A1) and Patwardham (PG Pub 2009/0137908 A1). Regarding claim 61, Nago remains as applied in claim 60. Nago does not teach the peak wavelength has a full width at half maximum less than 20nm. In the same field of endeavor, Brandes teaches the peak wavelength has a full width at half maximum less than 20nm (paragraph [0034]), for the benefit of providing specific light colors without using filters (paragraph [0053] of Patwardham). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the light emitting device to have a peak wavelength having a full width at half maximum less than 20nm, for the benefit of providing specific light colors without using filters. Claim(s) 69 and 76 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nago et al (PG Pub 2010/0187497 A1), Seo (PG Pub 2010/0270571 A1), Pan et al (PG Pub 2018/0211919 A1), Enya et al (PG Pub 2010/0220761 A1), Yamada (PG Pub 2003/0151004 A1) as applied to claims 63 and 70 above, and further in view of Brandes (PG Pub 2009/0206322 A1) and Patwardham (PG Pub 2009/0137908 A1). Regarding claim 69, the previous combination remains as applied in claim 63. The previous combination does not teach the peak wavelength has a full width at half maximum less than 20nm. In the same field of endeavor, Brandes teaches a light emitting device has a first peak wavelength having a full width at half maximum less than 20nm (paragraph [0034]), for the benefit of providing specific light colors without using filters (paragraph [0053] of Patwardham). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the light emitting device to have a peak wavelength having a full width at half maximum less than 20nm, for the benefit of providing specific light colors without using filters. Regarding claim 76, the previous combination remains as applied in claim 70. The previous combination does not teach the peak wavelength having a full width at half maximum less than 20nm. In the same field of endeavor, Brandes teaches a light emitting device has a peak wavelength having a full width at half maximum less than 20nm (paragraph [0034]), for the benefit of providing specific light colors without using filters (paragraph [0053] of Patwardham). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the light emitting device to have a peak wavelength having a full width at half maximum less than 20nm, for the benefit of providing specific light colors without using filters. Response to Arguments Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive because the currently cited references teach it would have been obvious to optimize the spectrum of the emitted light. See rejection above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEIFEI YEUNG LOPEZ whose telephone number is (571)270-1882. The examiner can normally be reached M-F: 8am to 4pm EST. 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, Dale Page can be reached at 571 270 7877. 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. /FEIFEI YEUNG LOPEZ/Primary Examiner, Art Unit 2899
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Prosecution Timeline

Jan 18, 2023
Application Filed
Sep 02, 2025
Non-Final Rejection mailed — §103
Dec 01, 2025
Response Filed
Jan 30, 2026
Final Rejection mailed — §103
Mar 30, 2026
Response after Non-Final Action
Apr 30, 2026
Request for Continued Examination
May 04, 2026
Response after Non-Final Action
May 26, 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

3-4
Expected OA Rounds
81%
Grant Probability
78%
With Interview (-2.9%)
2y 4m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1067 resolved cases by this examiner. Grant probability derived from career allowance rate.

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