Prosecution Insights
Last updated: April 19, 2026
Application No. 18/264,545

SURFACE EMITTING LASER

Non-Final OA §102§112
Filed
Aug 07, 2023
Examiner
HUGHES, DEANDRA M
Art Unit
3992
Tech Center
3900
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
138 granted / 177 resolved
+18.0% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
21 currently pending
Career history
198
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
21.5%
-18.5% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
29.5%
-10.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 177 resolved cases

Office Action

§102 §112
NON-FINA L REJECTION Acknowledgements 1. Claims 1-20 were presented for examination on Aug. 7 , 2023. Claim 1 is independent. 2. The instant application is the national stage entry of PCT/JP2022/001682 filed Jan. 19, 2022 . 3. The presumed effective filing date of the instant application is Jan. 19 , 2022 , which is the filing date of PCT/JP2022/001682 . Drawings 4. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The drawings must show “ a 1 st constituent portion , ” “ a 2 nd constituent portion ,” “ region ,” or the features canceled from the claims. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 5 . Claims 1-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention. Specifically, the limitation “ a 2 nd confinement portion that confines at least light of a current or light is provided in at least one of the 1 st or 2 nd constituent portion ” in claim 1 is indefinite because it is unclear whether current/light of the 1 st constituent portion or alternatively, the current/light of a 2 nd constituent portion is provided in the 2 nd confinement portion. Also, the metes and bounds of the claim terms “ 1 st constituent portion ” and “ 2 nd constituent portion ” can not be ascertained because the specification merely describes th ese portions as merely comprising 1 st and 2 nd constituent layers, respectively. Claim Rejections - 35 USC § 102 6 . As best understood, c laims 1-20 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by US 2003/0235226 to Ueki published Dec. 25, 2003 (“Ueki”). The prior art Ueki is presented below in juxtaposition to embodiment #1 of the instant claimed invention. Ueki discloses the following: A SEL , comprising: a 1 st structure (#1, #2) including a 1 st multilayer film reflector (#2) ; a 2 nd structure (#5, #6, #7) including a 2 nd multilayer film reflector (#5) ; and a resonator (between #2 and #5) disposed between the 1 st and 2 nd structures and including an active layer (#3) , wherein a joint portion (#4b) exists in at least one of inside the 1 st structure , inside the 2 nd structure , inside the resonator, between the resonator and the 1 st structure , or between the resonator and the 2 nd structure , and a 1 st confinement portion (#4) that confines a current is provided in at least one of a 1 st constituent portion (side on left of #4a) on one side or a 2 nd constituent portion (side on right of #4a) on another side of the joint portion, and a 2 nd confinement (#4b) portion that confines at least light of a current or light is provided in at least one of the 1 st or 2 nd constituent portion. Because the claim terms “ 1 st constituent portion ” and “ 2 nd constituent portion ” are insolubly ambiguous claims 2-20 cannot be examined over the prior art. Allowable Subject Matter 7. While claims 1- 2 0 are rejected under §112(b) as indefinite, these claims appear to have allowable subject matter. Specifically, the spatial relationship between the C1 and C2 of the figure 1 of the instant claims, which appear to be the antecedent bases of the 1 st /2 nd constituent portions, respectively, appear to distinguish claims 1-20 from the prior art Ueki. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DEANDRA M HUGHES whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6982 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Generally M-Th 8AM-6PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT Hetul Patel can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-4184 . 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. Signed: /DEANDRA M HUGHES/ Reexamination Specialist, Art Unit 3992
Read full office action

Prosecution Timeline

Aug 07, 2023
Application Filed
Feb 27, 2026
Non-Final Rejection — §102, §112 (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

1-2
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+19.2%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 177 resolved cases by this examiner. Grant probability derived from career allow rate.

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