Prosecution Insights
Last updated: April 19, 2026
Application No. 18/161,710

LIGHT EMITTING DEVICE, LIGHT EMITTING MODULE HAVING THE SAME, AND APPARATUS HAVING THE SAME

Final Rejection §102§103
Filed
Jan 30, 2023
Examiner
PROSTOR, ANDREW VICTOR
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seoul Viosys Co. Ltd.
OA Round
2 (Final)
96%
Grant Probability
Favorable
3-4
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
24 granted / 25 resolved
+28.0% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
27 currently pending
Career history
52
Total Applications
across all art units

Statute-Specific Performance

§103
48.0%
+8.0% vs TC avg
§102
27.0%
-13.0% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§102 §103
Status of Claims Claims 1-3 and 5-20 are pending Claim 4 is cancelled. Response to Amendment The amendment filed 12/29/2025 has been accepted and entered. Response to Arguments Applicant’s amendments to independent claim 1, see pages 7-9 of Applicant’s remarks filed 12/29/2025, with respect to the 35 U.S.C. 102 rejection of claims 1 and 18, and 103 rejection of claim 19 have been fully considered and is persuasive. The embodiment shown in Fig. 1 of Wook et al does not teach all of the limitations of amended claims 1, 18, and 19 (specifically “…wherein a width of the connection region is smaller than a respective maximum width of each of the adjacent protrusions in a top view”) and thus their respective dependent claims. In view of the amendments, the embodiment shown in Wook Fig. 14 has been applied (the embodiment shown in Fig. 14 discloses a plurality of protrusions separated by a connection region with a width W2, each respective protrusion of the plurality of protrusions includes first patterns #112a and #W1, separated by connection region #W2. See Fig. 2A of the instant application, specifically #121p3, #121b1, and #121b3 as a comparison to the embodiment disclosed by Wook). Amended claims 1 and 18 now stand rejected under 35 U.S.C. 102 as being anticipated by Wook, and claim 19 stands rejected under 35 U.S.C. 103 as being unpatentable over Wook. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-4 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 2012/0047184 A Wook et al (herein “Wook”). Regarding Claim 1, Wook discloses: A red light emitting device (#100, see cross section of generic first embodiment in Fig. 1 and processing steps in Figs. 2-12 with drawn to paragraphs [0013]-[0075], see specifically the embodiment shown in Fig. 14 and descriptive paragraphs [0079]-[0080] in espacenet translation of Wook), comprising: a first conductivity type semiconductor layer (#110); a second conductivity type semiconductor layer (#130); and an active layer (#120) disposed between the first conductivity type semiconductor layer (#110) and the second conductivity type semiconductor layer (#130), wherein: the first conductivity type semiconductor layer (#110) includes a plurality of protrusions (see annotated Fig. 14 below) on a surface (top surface of #110), and at least one of the plurality of protrusions (#1112) includes an inclined side surface (Websters Online Dictionary defines “inclined” as “making an angle with a line or plane”, in this case the protrusions are making an estimated 90° angle or vertical angle with the top surface of the first semiconductor layer), and wherein adjacent protrusions (see annotated Fig. 14 below) of the plurality of protrusions (see annotated Fig. 14 below) are connected by a connection region (see annotated Fig. 14 below), and wherein a width (#W2) of the connection region (see annotated Fig. 14 below) is smaller than a respective maximum width of each of the adjacent protrusions in a top view (see paragraph [0080] of espacenet translation of Wook, the total width of each respective adjacent protrusion includes elements #112a and #W1, paragraph [0080] states W1 is greater than W2, therefore the total width of each respective adjacent protrusion is greater than the width of the connection region). PNG media_image1.png 744 758 media_image1.png Greyscale Wook Fig. 14 – Annotated by Examiner Regarding Claim 2, Wook discloses: The red light emitting device of claim 1, wherein the plurality of protrusions (see annotated Fig. 14 above) includes a first protrusion (leftmost and rightmost protrusions of plurality of protrusions) spaced apart from second protrusions (middle protrusions of plurality of protrusions). Regarding Claim 3, Wook discloses: The red light emitting device of claim 2, wherein the second protrusions (see annotated Fig. 1 above) include two protrusions having a continuous upper surface (upper surfaces of adjacent second protrusions include #112a and #W1 which is therefore considered a continuous surface, as no intervening structures or layers lie between these surfaces or interfere with these surfaces). Regarding Claim 18, Wook discloses: A light emitting module (see generally Fig. 25 showing light emitting module, and Fig. 1 showing cross section of light emitting device: light-emitting device package 1110 comprising light emitting device #100, see cross section of generic first embodiment in Fig. 1 and processing steps in Figs. 2-12 with drawn to paragraphs [0013]-[0075], see specifically the embodiment shown in Fig. 14 and descriptive paragraphs [0079]-[0080] in espacenet translation of Wook), comprising: a circuit board (see paragraph [0133]: (Espacenet patent translate) “The above substrate (700) may be a circuit pattern printed on an insulator, and may include, for example, a general printed circuit board (PCB), a metal core PCB, a flexible PCB, a ceramic PCB, etc.”); and a red light emitting device (#100, see cross section of first embodiment in Fig. 1 and processing steps in Figs. 2-12, unless otherwise stated), a green light emitting device (see paragraph [0136]: (Espacenet patent translate) “The light-emitting element may include a colored light-emitting element that emits red, green, blue or white colored light, and a UV light-emitting element that emits ultraviolet (UV) light.”), and a blue light emitting device (see paragraph [0136]: (Espacenet patent translate) “The light-emitting element may include a colored light-emitting element that emits red, green, blue or white colored light, and a UV light-emitting element that emits ultraviolet (UV) light.”) that are disposed on the circuit board, wherein the red light emitting device (see Fig. 1) comprises: a first conductivity type semiconductor layer (#110); a second conductivity type semiconductor layer (#130); and an active layer (#120) disposed between the first conductivity type semiconductor layer (#110) and the second conductivity type semiconductor layer (#130), wherein: the first conductivity type semiconductor layer (#110) includes a plurality of protrusions (see annotated Fig. 14 below) on a surface (top surface of #110), and at least one of the plurality of protrusions (#1112) includes an inclined side surface (Websters Online Dictionary defines “inclined” as “making an angle with a line or plane”, in this case the protrusions are making an estimated 90° angle or vertical angle with the top surface of the first semiconductor layer), and wherein adjacent protrusions (see annotated Fig. 14 below) of the plurality of protrusions (see annotated Fig. 14 below) are connected by a connection region (see annotated Fig. 14 below), and wherein a width (#W2) of the connection region (see annotated Fig. 14 below) is smaller than a respective maximum width of each of the adjacent protrusions in a top view (see paragraph [0080] of espacenet translation of Wook, the total width of each respective adjacent protrusion includes elements #112a and #W1, paragraph [0080] states W1 is greater than W2, therefore the total width of each respective adjacent protrusion is greater than the width of the connection region). PNG media_image1.png 744 758 media_image1.png Greyscale Wook Fig. 14 – Annotated by Examiner 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. 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. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of KR 20160145413 A Hak et al (herein “Hak”). Regarding Claim 5, Wook discloses: The red light emitting device of claim 2, wherein the second protrusions include two protrusions (see annotated Fig. 14 above) and grooves (Fig. 1, #112a) formed between the two protrusions. Wook does not explicitly disclose: Wherein V-shaped grooves formed between the two protrusions. However, in analogous art, Hak teaches: Wherein V-shaped grooves are formed between the protrusions (See Fig. 1, the roughened surface R forming the protrusions in semiconductor layer #112a are separated by V-shaped grooves as can be seen in Fig. 1). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Hak to the device disclosed by Wook and utilize a V-shaped pattern like shown in Hak Fig. for separating the second protrusions as a substitution for the U-shaped pattern that Wook discloses. This would be a simple substitution of one known element (in this case simple a choice of pattern for the roughened surface of the first semiconductor layer) for another to obtain predictable results. Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of US 2018/0212119 A1 Choi et al (herein “Choi”). Regarding Claim 6, Wook discloses the red light emitting device of claim 1. Wook does not explicitly disclose: further comprising: a bonding pad disposed on the first conductivity type semiconductor layer and extension electrodes extending from the bonding pad. However, in analogous art, Choi teaches: further comprising: a bonding pad (See top-down view showing bonding pad #115c in Figs. 13-19, specifically embodiment shown in Fig. 13, see also paragraphs [0057] - [0066]) disposed on the first conductivity type semiconductor layer (Fig. 12, #110) and extension electrodes (#115a(1-4)) extending from the bonding pad (#115c). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Choi to the device disclosed by Wook and include the bonding structure that the disclosed extension electrodes extend from. Doing so would place extension electrode structures near the periphery of the device (specifically referencing Fig. 13 fully surrounding the light emitting semiconductor structure) which may reduce the light blocking effect due to the bonding pads. Regarding Claim 7, Wook in view of Choi discloses the red light emitting device of claim 6. Choi further discloses: wherein the bonding pad (#115c) is disposed adjacent to an edge or a vertex (see top down view in Fig. 13) of the first conductivity type semiconductor layer (Fig. 12, #110). Note, see 112b rejection for claim 7 above. Regarding Claim 8, Wook in view of Choi discloses the red light emitting device of claim 6. Choi further discloses: wherein the extension electrodes (#115a) include first extension electrodes (Fig. 13, #115a1 and #115a2) extending in a longitudinal direction (horizontal direction with respect to the page) from one edge of the first conductivity type semiconductor layer (Fig. 12, #110, left edge) to an opposite edge (Fig. 12, #110, right edge) thereof, and second extension electrodes (Fig. 13, #115a3 and #115a4) connecting end portions of the first extension electrodes (with respect to Fig. 13, vertical electrodes #115a3 and #115a4 connect to horizontal electrodes #115a1 and #115a2 at bonding pads #115c1 and #115c2). Regarding Claim 9, Wook in view of Choi discloses the red light emitting device of claim 8. Choi further discloses: wherein at least one of the second extension electrodes (see #115b in cross section view in Fig. 12, and top down view in Fig. 13.) is connected to the bonding pad (Extension electrodes #115b are electrically connected to periphery electrodes #115a, which as previously disclosed are contacting the bonding pads #115c1 and #115c2). Claim 10-11 is rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of US 2018/0212119 A1 Choi et al and further in view of US 2018/0286915 A1 Yeon et al (herein “Yeon”). Regarding Claim 10, Wook in view of Choi discloses the red light emitting device of claim 9. Wook in view of Choi does not explicitly disclose: wherein the second extension electrodes connected to the bonding pad have a width that narrows as a distance from the bonding pad increases. However, in analogous art, Yeon teaches: wherein the second extension electrodes (See Fig. 1 and paragraph [0044], Yeon teaches #180N and #180P as bonding pads, similar to the present disclosure. Paragraph [0044] states “A voltage is applied to the first bonding pad 180N and the second bonding pad 180P, so light emitting cells LC connected in series may be driven”, therefore although referred to in the reference as the bonding pads #180N and #180P, they can also be referred to as electrodes due to their current carrying capability.) connected to the bonding pad (#150N, #150P) have a width that narrows as a distance from the bonding pad increases (see Fig. 1, width of #180N and #180P narrows as distance from #150N and #150P increases). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Yeon to the device disclosed by Wook in View of Choi and include a tapered shape to the extension electrodes. Doing so would help prevent the hinderance of light emission from the semiconductor stack thereby helping improve overall efficiency of the device. Additionally, doing so would also be a simple substitution of one known periphery electrode structure for another that would achieve predictable results. Regarding Claim 11, Wook in view of Choi discloses the red light emitting device of claim 6. Wook in view of Choi does not explicitly disclose: wherein: the bonding pad and the extension electrodes are disposed on a flat region of the first conductivity type semiconductor layer, and the plurality of protrusions are arranged in a region surrounded by the flat region. However, in analogous art, Yeon teaches: wherein: the bonding pad (#150N and #150P) and the extension electrodes (#180N and #180P) are disposed on a flat region (see Fig. 1, left and right sides of #150N and #150P, flat region lies on the periphery of the device) of the first conductivity type semiconductor layer (see Figs. 12-14, first semiconductor layer material is removed in order to form the flat region shown in Fig. 1), and the plurality of protrusions (Fig. 1, concave-convex portion #C) are arranged in a region surrounded by the flat region (see Fig. 1, left and right sides of #150N and #150P). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Yeon to the device disclosed by Wook in view of Choi and include flat surfaces for the periphery extension electrodes to formed thereon. Doing so would provide a consistent flat surface of electrical conductivity between the semiconductor material and the extension electrodes, which would be easier to manufacture and lead to better overall device efficiency and performance. Claim 12-13 is rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of US 2020/0098735 A1 Tada (herein “Tada”). Regarding Claim 12, Wook discloses: the red light emitting device of claim 1 further comprising: a current blocking layer (#145) disposed under (see Fig. 1, #145 is under #130 with respect to orientation of the device and Figure) the second conductivity type semiconductor layer (#130). Wook does not explicitly disclose: wherein the current blocking layer includes at least two insulation layers having different refractive indices. However, in analogous art, Tada teaches: wherein the current blocking layer (dielectric first film #113, see paragraph [0032], OR, dielectric second film, see paragraph #123) includes at least two insulation layers having different refractive indices (silicon oxide, niobium oxide, see paragraphs [0032] and [0045]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Tada to the device disclosed by Wook and include a multilayer structure to the current blocking layer. Doing so would allow the fine tuning of the targeted dielectric (current blocking) properties, as well as the fine tuning of what wavelength light to allow to pass through or refract within the layer. Regarding Claim 13, Wook in view of Tada discloses the red light emitting device of claim 12. Tada further teaches: wherein the current blocking layer includes a SiO2 layer and a Nb2O5 layer (see paragraphs [0032] and [0045]). Claim 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of US 2020/0098735 A1 Tada and further in view of KR 2016/0145413 A Hak et al. Regarding Claim 14, Wook in view of Tada discloses the red light emitting device of claim 12. Wook further discloses: a first metal layer (#175); a second metal layer (#160) covering the current blocking layer (#145); and a bonding metal layer (#170) bonding the first metal layer (#175) and the second metal layer (#160). Wook in view of Tada does not explicitly disclose: The first metal layer disposed on a substrate; However, in analogous art, Hak teaches: a substrate (carrier wafer portion of support member #146, see paragraph [0027]: (Espacenet patent translate) “The above support member (146) may be formed as a single layer or multiple layers, and may optionally include a carrier wafer (e.g., GaN, Si, Ge, GaAs, ZnO, SiGe, SiC, etc.), copper (Cu), gold (Au), copper alloy (Cu Alloy), nickel (Ni-nickel), copper-tungsten (Cu-W), etc.”); a first metal layer (single or multiple layer portion of #146, see paragraph [0027]: (Espacenet patent translate) “The above support member (146) may be formed as a single layer or multiple layers, and may optionally include a carrier wafer (e.g., GaN, Si, Ge, GaAs, ZnO, SiGe, SiC, etc.), copper (Cu), gold (Au), copper alloy (Cu Alloy), nickel (Ni-nickel), copper-tungsten (Cu-W), etc.”) disposed on the substrate (carrier wafer portion of support member #146); a second metal layer (#142) covering the current blocking layer (#132); and a bonding metal layer (#144) bonding the first metal layer (single or multiple layer portion of support member #146) and the second metal layer (#142). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider combining the teachings of Hak to the device disclosed by Wook in view of Tada and utilize the multilayer substrate structure. This would be a simple substitution of a monolayer metal/semiconductor type substrate disclosed by Wook for the multilayer metal/semiconductor substrate structure disclosed by Hak, that a person skilled in the art would consider to obtain a predictable result. Regarding Claim 15, Wook in view of Tada and further in view of Hak discloses: the red light emitting device of claim 14. Wook further discloses: wherein: the current blocking layer (#145) has at least one opening (current blocking layer openings surround #145 in Figs. 1 and 14), and the second metal layer (#160) is electrically connected to the second conductivity type semiconductor layer (#130, electrical connection through ohmic layer #150) through the at least one opening of the current blocking layer (current blocking layer openings surround #145 in Figs. 1 and 14). Regarding Claim 16, Wook in view of Tada and further in view of Hak discloses: the red light emitting device of claim 15. Wook further discloses: further comprising (see Figs. 1 and 14): an ohmic electrode (#150) in ohmic contact with the second conductivity type semiconductor layer (#130), wherein: the at least one opening of the current blocking layer (#145) exposes the ohmic electrode (#150), and the second metal layer (#160) is connected to the ohmic electrode (#150). Regarding Claim 17, Wook in view of Tada and further in view of Hak discloses: the red light emitting device of claim 15. Wook further discloses: wherein a width of the at least one opening (width of left or right side of blocking layer in Fig. 1 to corresponding left or right edge of ohmic layer #150) is greater than a width of one of the plurality of protrusions (#112, see Figs. 1 and 14). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al. Regarding Claim 19, Wook discloses: A plant lighting apparatus (see generally Fig. 25 showing light emitting module, and Fig. 1 showing cross section of light emitting device: light-emitting device package 1110 comprising light emitting device #100), comprising: a panel substrate (#700); and light emitting devices (package #600 comprising device #100) disposed on the panel substrate (#700), wherein: the light emitting devices include first light emitting devices emitting white light, second light emitting devices emitting red light within a range of 630nm to 680nm, and third light emitting devices emitting longer wavelength red light within a range of 710nm to 750nm, and fourth light emitting devices emitting near ultraviolet light within a range of 380nm to 410nm. (see paragraph [0136]: (espacenet patent translate) “Each light emitting element package (600) may include at least one light emitting element (LED: Light Emitting Diode). The light-emitting element may include a colored light-emitting element that emits red, green, blue or white colored light, and a UV light-emitting element that emits ultraviolet (UV) light.”), and the second light emitting devices include a red light emitting device (see Figs. 1 and 14) of comprising: a first conductivity type semiconductor layer (#110); a second conductivity type semiconductor layer (#130); and an active layer (#120) disposed between the first conductivity type semiconductor layer (#110) and the second conductivity type semiconductor layer (#130), wherein: the first conductivity type semiconductor layer (#110) includes a plurality of protrusions (see light extraction pattern #112 comprising #112a and #112b, #112a and #112b specifically point to the valleys between the protrusions, see Annotated Fig. 14 below showing plurality of protrusions that comprise first and second protrusions) on a surface (top surface of #110), and at least one of the plurality of protrusions (#112) includes an inclined side surface (Websters Online Dictionary defines “inclined” as “making an angle with a line or plane”, in this case the protrusions are making an estimated 90° angle or vertical angle with the top surface of the first semiconductor layer), and wherein adjacent protrusions (see annotated Fig. 14 below) of the plurality of protrusions (see annotated Fig. 14 below) are connected by a connection region (see annotated Fig. 14 below), and wherein a width (#W2) of the connection region (see annotated Fig. 14 below) is smaller than a respective maximum width of each of the adjacent protrusions in a top view (see paragraph [0080] of espacenet translation of Wook, the total width of each respective adjacent protrusion includes elements #112a and #W1, paragraph [0080] states W1 is greater than W2, therefore the total width of each respective adjacent protrusion is greater than the width of the connection region). Woot discloses the light emitting device may include the entire visible spectrum, particularly pointing to red light, green light, blue light, white light, and/or ultraviolet light. Therefore, due to the disclosure of Woot, the claimed ranges of 630nm to 680nm, 710nm to 750nm, and 380nm to 410nm, are taught. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to consider forming a light emitting package that comprises a white light emitting device, light emitting devices emitting red light within a range of 630nm to 680nm, and light emitting devices emitting longer wavelength red light within a range of 710nm to 750nm, and light emitting devices emitting near ultraviolet light within a range of 380nm to 410nm, as doing so would be a matter of optimization to achieve a predictable result. See also MPEP 2144.05, “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.” PNG media_image1.png 744 758 media_image1.png Greyscale Wook Fig. 14 – Annotated by Examiner Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over KR 2012/0047184 A Wook et al in view of KR 2020/0054500 A Joo et al (herein “Joo”). Regarding Claim 20, Woot discloses: The plant lighting apparatus of claim 19. Wook does not explicitly disclose: wherein a peak wavelength of red light emitted from the second light emitting device is longer than a peak wavelength of blue light emitted from the first light emitting device by 100nm or more, and a peak wavelength of near-ultraviolet light emitted from the fourth light emitting device is shorter than the peak wavelength of blue light emitted from the first light emitting device by 50nm or more. However, in analogous art, Joo teaches: See generally paragraphs [0079]-[0084] (espacenet translation) and related figure 2 Specifically:[0080] “The first light-emitting element (25), the second light-emitting element (26), the third light-emitting element (27), and the fourth light-emitting element (28) can generate different color lights.” [0082] “For example, the first light-emitting element (25), the second light-emitting element (26), and the third light-emitting element (27) may be used as light-emitting elements that generate light to promote chlorophyll production in plants, and the fourth light-emitting element (28) may be used as a light-emitting element that generates light to promote photosynthesis in plants.” [0083] “For example, the first light emitting element (25), the second light emitting element (26), and the third light emitting element (27) can generate red light having a peak wavelength in the range of, for example, 600 nm to 680 nm. For example, the fourth light emitting element (28) can generate blue light having a peak wavelength in the range of 400 nm to 470 nm.” Therefore, the selection of wavelengths generated by the plurality of LEDs directly affects the promotion of chlorophyll and photosynthesis in plants, and are result effective variables that may be optimized by a person of ordinary skill in the art, before the effective filing date of the claimed invention having the benefit of Wook and Joo. See MPEP 2144.05(II)(B). Conclusion THIS ACTION IS MADE FINAL. 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 Andrew V. Prostor whose telephone number is (571)272-2686. The examiner can normally be reached M-F 8:00a-4:30p. 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, Christine S Kim can be reached at (571)272-8458. 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. /ANDREW VICTOR PROSTOR/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
Read full office action

Prosecution Timeline

Jan 30, 2023
Application Filed
Sep 16, 2025
Non-Final Rejection — §102, §103
Dec 29, 2025
Response Filed
Mar 03, 2026
Final Rejection — §102, §103 (current)

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3-4
Expected OA Rounds
96%
Grant Probability
99%
With Interview (+4.8%)
3y 2m
Median Time to Grant
Moderate
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