Prosecution Insights
Last updated: August 17, 2026
Application No. 18/293,434

LIGHT-EMITTING ELEMENT ARRAY, AND MANUFACTURING METHOD OF LIGHT-EMITTING ELEMENT ARRAY

Non-Final OA §102§103
Filed
Jan 30, 2024
Priority
Aug 30, 2021 — JP 2021-140414 +1 more
Examiner
ISMAIL, MAHMOUD S
Art Unit
Tech Center
Assignee
Sony Group Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
707 granted / 800 resolved
+28.4% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
37 currently pending
Career history
829
Total Applications
across all art units

Statute-Specific Performance

§101
15.4%
-24.6% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
17.6%
-22.4% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 800 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-17 are pending in Instant Application. Priority Examiner acknowledges Applicant’s claim to priority benefits of JP2021-140414 filed on 08/30/2021 and PCT/JP2022/012391 filed on 03/17/2022. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 01/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner. Specification The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. The specification lacks the section “CROSS-REFERENCE TO RELATED APPLICATIONS” since clearly the application claims priority benefits to two references. Arrangement of the Specification As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading: (a) TITLE OF THE INVENTION. (b) CROSS-REFERENCE TO RELATED APPLICATIONS. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A COMPACT DISC OR AS A TEXT FILE VIA THE OFFICE ELECTRONIC FILING SYSTEM (EFS-WEB). (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. (g) BACKGROUND OF THE INVENTION. (1) Field of the Invention. (2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98. (h) BRIEF SUMMARY OF THE INVENTION. (i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S). (j) DETAILED DESCRIPTION OF THE INVENTION. (k) CLAIM OR CLAIMS (commencing on a separate sheet). (l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet). (m) SEQUENCE LISTING. (See MPEP § 2424 and 37 CFR 1.821-1.825. A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on compact disc or as a text file via the Office electronic filing system (EFS-Web.) Appropriate correction is required. Claim Rejections - 35 USC § 102 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. Claims 1-3, 5, and 11-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (USPGPub 2009/0295902). As per claim 1, Sato discloses a light-emitting element array comprising: a substrate that has a first face and a second face that oppose each other (see at least Figure 6B; item 101); a plurality of light-emitting elements arrayed in two-dimension array on the first face at mutually different intervals (see at least paragraph 0186; wherein the surface-emitting laser elements 1-40 are arranged in a two-dimensional formation of four rows and ten columns. Each of the surface-emitting laser elements 33-40 has the rectangle form one side of which is 16 micrometers long, similar to that in each of the surface-emitting laser elements 1-32), each of the light-emitting elements having a mesa form (see at least paragraph 0028; wherein a mesa structure in each surface-emitting laser element is located under the selective oxidation layer and over the first reflection layer); and recessed sections that are provided around the plurality of light-emitting elements, have the mesa form, and have depths different according to the intervals of the plurality of light-emitting elements adjacent to each other (see at least paragraph 0167 and Figure 11; wherein an etching depth in the flat part at the time of stopping etching in the reflection layer 102 arranged on the substrate 101 side and a difference between an etching depth in the inter-element gap of the surface-emitting laser elements and an etching depth in the flat part with respect to a mesa interval). As per claim 2, Sato discloses wherein the depths of the recessed sections are shallower as the intervals of the plurality of adjacent light-emitting elements are narrower, and the depths of the recessed sections are deeper as the intervals of the plurality of adjacent light-emitting elements are wider (see at least paragraphs 0167-0170; wherein an etching depth in the flat part at the time of stopping etching in the reflection layer 102 arranged on the substrate 101 side and a difference between an etching depth in the inter-element gap of the surface-emitting laser elements and an etching depth in the flat part with respect to a mesa interval. In FIG. 10 and FIG. 11, the vertical axis expresses the difference .DELTA.d between the etching depth in the inter-element gap and the etching depth in the flat part, and the horizontal axis expresses the mesa interval. In FIG. 10 and FIG. 11, .diamond-solid. denotes the flat part etching depth and .diamond-solid. denotes the difference .DELTA.d. When etching is stopped in the middle of the resonator region, even if the mesa interval is 10 micrometers or less, the difference .DELTA.d between the etching depth in the inter-element gap and the etching depth in the flat part is 100 nm or less (refer to FIG. 10)). As per claim 3, Sato discloses wherein the substrate further has an array section where the plurality of light-emitting elements is provided in the two- dimension array, and the array section has a plurality of regions, and the plurality of light-emitting elements is arrayed at the intervals different per a region of the regions (see at least paragraphs 0144-0145; wherein the resist pattern for forming simultaneously 32 surface-emitting laser elements 1-32 is arranged so that the intervals X and d are set up to meet the condition d<X, and eight normals to straight lines arranged in the sub-scanning direction from the eight centers of the eight surface-emitting laser elements 1-8/9-16/17-24/25-32 arrayed in the main scanning direction are arranged at equal intervals of c1. In the surface-emitting laser array 100, the interval d of the surface-emitting laser elements arranged in the sub-scanning direction is set up to be smaller than the interval X of the surface-emitting laser elements arranged in the main scanning direction. Thereby, when compared to the case where the interval d is made larger than the interval X, the interval c1 (=d/8) can be made small and this is advantageous to high density recording). As per claim 5, Sato discloses wherein a light-emitting element of the light-emitting elements has a first light reflective layer, an active layer, and a second light reflective layer that are sequentially layered from the first face side of the substrate, and the light-emitting element further has a first contact layer provided between the first light reflective layer and the substrate, and a second contact layer on a side of a face, of the second light reflective layer, that is opposite to the active layer (see at least paragraph 0028; wherein a first reflection layer formed on a substrate to constitute a semiconductor Bragg reflector; a resonator formed in contact with the first reflection layer and containing an active layer; and a second reflection layer formed over the first reflection layer and in contact with the resonator to constitute the semiconductor Bragg reflector, the second reflection layer containing a selective oxidation layer therein, wherein the first reflection layer contains on the active layer side at least a low refractive index layer having an oxidation rate equivalent to or larger than an oxidation rate of a selective oxidation layer contained in the second reflection layer, the resonator is made of an AlGaInPAs base material containing at least In, and a bottom of a mesa structure in each surface-emitting laser element is located under the selective oxidation layer and over the first reflection layer). As per claim 11, Sato discloses wherein the light-emitting element further has a first electrode provided on the second face side of the substrate, and a second electrode provided on the second contact layer (see at least Figure 2; item n-type electrode 112). As per claim 12, Sato discloses wherein the first electrode comprises a common electrode to the plurality of light-emitting elements (see at least Figure 2; item n-type electrode 112). As per claim 13, Sato discloses wherein the light-emitting element comprises a surface emission-type face emission laser that outputs laser light from the second contact layer side (see at least Figure 2; item n-type electrode 112). Claim Rejections - 35 USC § 103 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (USPGPub 2009/0295902) in view of Geske et al. (USPGPub 2013/0194787). As per claim 4, Sato does not explicitly mention wherein the substrate further has an array section where the plurality of light-emitting elements is provided in the two- dimension array, and the plurality of light-emitting elements is randomly arrayed in the array section. However Geske does disclose: wherein the substrate further has an array section where the plurality of light-emitting elements is provided in the two- dimension array, and the plurality of light-emitting elements is randomly arrayed in the array section (see at least paragraph 0051; wherein the number of pixels and the number of unique spectral elements within array 700 is dependent on the power and spectral bandwidth specification of the illuminator. The spectral gradient (i.e., laser emission wavelength variations) within array 700 may be limited to specific orientations. For example, the gradient may span from left to right (or any direction) from short to long wavelengths; radially outward, or a completely random pattern. The array may also be divided into groupings or sections across the array with unique wavelengths. It is also to be understood that the shape of array 700 is arbitrary, and may comprise other shapes in other embodiments (e.g., circular, square, etc)). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Geske with the teachings as in Sato. The motivation for doing so would have been to use of multi-wavelength vertical-cavity surface emitting lasers (VCSELs) to reduce speckle, see Geske paragraph 0001. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (USPGPub 2009/0295902) in view of Ohta et al. (USPGPub 2020/0303896). As per claim 6, Sato does not explicitly mention wherein the light-emitting element further has a first electrode provided on a base section of a recessed section of the recessed sections, and a second electrode provided on the second contact layer. However Ohta does disclose: wherein the light-emitting element further has a first electrode provided on a base section of a recessed section of the recessed sections, and a second electrode provided on the second contact layer (see at least paragraphs 0070-0071; wherein on the insulating layer 153, a p-side electrode 155 that is electrically connected to the p-DBR 147 through the opening 154 is independently formed for each mesa 150. As the p-side electrode 155, for example, a laminated film in which Ti, Pt, and Au are laminated in that order from the p-DBR 147 side can be used. On the insulating layer 153, an n-side electrode 157 that is electrically connected to the n-DBR 143 through the opening 156 is formed. As the n-side electrode 157, for example, a laminated film in which gold-germanium alloy (AuGe), nickel (Ni), and gold (Au) are laminated in that order from the n-DBR 143 side can be used). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Ohta with the teachings as in Sato. The motivation for doing so would have been to improve the precision of the lens diameter of the micro-lens, see Ohta paragraph 0118. As per claim 7, Sato does not explicitly mention wherein the light-emitting element comprises a back face emission-type face emission laser that outputs laser light from the second face. However Ohta does disclose: wherein the light-emitting element comprises a back face emission-type face emission laser that outputs laser light from the second face (see at least paragraph 0079; wherein in each VCSEL element 159 of the optical device 100 configured as described above, laser light 149 is generated in the emitting region 148 of the resonator structure (resonator region), which overlaps the non-oxidized region 151b on an approximately planar view, and the laser light 149 is incident from the VCSEL element 159 to the micro-lens 162. Since the anti-reflection structure 163 is formed on the surface 141b, the laser light 149 is hardly reflected at the interface between the substrate 141 and the micro-lens 162 and can be incident to the micro-lens 162. The micro-lens 162 reduces the emission angle of the laser light 149 and allows the laser light 149 to outgo as approximately parallel light). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Ohta with the teachings as in Sato. The motivation for doing so would have been to improve the precision of the lens diameter of the micro-lens, see Ohta paragraph 0118. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (USPGPub 2009/0295902) in view of Fukuhisa et al. (USPGPub 2007/0019698). As per claim 15, Sato does not explicitly mention further comprising a current diffusion adjusting layer provided between the substrate and the first contact layer or between the first contact layer and the first light reflective layer. However Fukuhisa does disclose: further comprising a current diffusion adjusting layer provided between the substrate and the first contact layer or between the first contact layer and the first light reflective layer (see at least paragraph 0069; wherein in the semiconductor laser device according to the second aspect of the present invention, the lattice constant of the second-conductive-type cladding layer is adjusted based on the diffusion rate of the impurity contained in the window region in the active layer, so that the diffusion rate of the impurity contained in the window region in the second-conductive-type cladding layer is adjusted. Accordingly, an effective dose of the impurity which passes through the second-conductive-type cladding layer and is diffused in the active layer is adjusted). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Fukuhisa with the teachings as in Sato. The motivation for doing so would have been to improve a yield of a semiconductor laser device and reduction in fabrication cost, see Fukuhisa paragraph 0061. As per claim 16, Fukuhisa discloses wherein the current diffusion adjusting layer changes in carrier concentration from the substrate toward the first light reflective layer (see at least paragraph 0069; wherein in the semiconductor laser device according to the second aspect of the present invention, the lattice constant of the second-conductive-type cladding layer is adjusted based on the diffusion rate of the impurity contained in the window region in the active layer, so that the diffusion rate of the impurity contained in the window region in the second-conductive-type cladding layer is adjusted. Accordingly, an effective dose of the impurity which passes through the second-conductive-type cladding layer and is diffused in the active layer is adjusted). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (USPGPub 2009/0295902) in view of Hashimoto (USPGPub 2020/0067263). As per claim 17, Sato discloses a manufacturing method of a light-emitting element array, the method comprising: sequentially layering to form, on a substrate, a plurality of compound semiconductor layers included in a light-emitting element (see at least paragraph 0100; wherein the surface-emitting laser element 1 includes substrate 101, reflection layers 102,106, resonator spacer layers 103,105, active layer 104, selective oxidation layer 107, contact layer 108, SiO.sub.2 layer 109, insulating resin 110, p-type electrode 111, and n-type electrode 112); forming, on the compound semiconductor layers, a resist layer that has patterns different in density (see at least paragraphs 0129-0130; wherein resist is applied to the contact layer 108 and a resist pattern 120 is formed on the contact layer 108 using photoengraving process technology (refer to FIG. 4B). If the resist pattern 120 is formed, the formed resist pattern 120 is used as a mask. Dry etching of the part of the resonator spacer layer 103, the active layer 104, the resonator spacer layer 105, the reflection layer 106, the selective oxidation layer 107, and the contact layer 108 is carried out, and the resist pattern 120 is removed further); and forming, in the compound semiconductor layers, recessed sections that have depths different according to a pattern density of the resist layer by performing (see at least paragraph 0009; wherein if the inter-element gap of the surface-emitting laser elements is narrowed in order to carry out array arrangement with high density, a difference .DELTA.d between an etching depth of the inter-element gap and an etching depth of the flat part in the circumference of the surface-emitting laser array becomes large…see at least paragraph 0167 and Figure 11; wherein an etching depth in the flat part at the time of stopping etching in the reflection layer 102 arranged on the substrate 101 side and a difference between an etching depth in the inter-element gap of the surface-emitting laser elements and an etching depth in the flat part with respect to a mesa interval), with the resist layer as a mask (see at least paragraph 0130; wherein if the resist pattern 120 is formed, the formed resist pattern 120 is used as a mask). Sato does not explicitly mention a reactive ion etching under a condition of 80°C or less. However Hashimoto does disclose: a reactive ion etching under a condition of 80°C or less (see at least paragraph 0038; wherein a dry etching temperature of 40° C. or lower). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Fukuhisa with the teachings as in Sato. The motivation for doing so would have been to prevent an increase amount of warpage, see Hashimoto paragraph 0005. Allowable Subject Matter Claim(s) 8 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. The prior art fails to explicitly teach wherein the recessed sections have a first recessed section provided between the plurality of adjacent light-emitting elements arrayed at a first interval, and a second recessed section provided between the plurality of adjacent light-emitting elements arrayed at a second interval wider than the first interval, and the first recessed section has a base face in the first contact layer, and the second recessed section penetrates the first contact layer. Claims 9-10 are also object to by virtue of their dependencies. Claim(s) 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to include all of the limitations of the base claim and any intervening claims. The prior art fails to explicitly teach wherein the recessed sections have a first recessed section provided between the plurality of adjacent light-emitting elements arrayed at a first interval, and a second recessed section provided between the plurality of adjacent light-emitting elements arrayed at a second interval wider than the first interval, and the first recessed section has a base face in the first light reflective layer, and the second recessed section penetrates the first light reflective layer. Relevant Art The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: US 11,710,942 - Provide a method of manufacturing a light-emitting module capable of accurately arranging a plurality of light-emitting elements at narrow intervals, and a light-emitting module manufactured by the method of manufacturing, and, moreover, a device on which the light-emitting module is mounted. Provided is a method of manufacturing a light-emitting module including: a plurality of light-emitting element arrays each including, in a plane parallel to resonator length of a light-emitting element, a plurality of the light-emitting elements arranged along a width direction perpendicular to a direction of the resonator length; and a substrate on which the plurality of light-emitting element arrays is mounted, the method including arranging the plurality of light-emitting elements on the substrate at predetermined intervals along the width direction in the light-emitting module, by causing side surfaces of the respective light-emitting element arrays adjacent to each other along the width direction to be in contact with each other and mounting the respective light-emitting element arrays on the substrate. USPGPub 2013/0272334 – Provide a semiconductor laser module includes a laser diode array, an optical fiber array, a fiber array fitting for fixing the optical fiber array, a casing, and a support fitting for fixing the fiber array fitting and casing. The fiber array fitting and support fitting have a first contact section that is in line-contact or surface-contact with the plane section parallel with the light emission surface of the laser diode array, and are laser-welded and fixed to each other at the first contact section. The support fitting and casing have a second contact section that is in line-contact or surface-contact with the plane section vertical to the light emission surface of the laser diode array, and are laser-welded and fixed to each other at the second contact section. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM. 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, Jelani Smith can be reached at 571-270-3969. 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. /MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662
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Prosecution Timeline

Jan 30, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+11.8%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
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