Prosecution Insights
Last updated: July 17, 2026
Application No. 18/320,668

LIGHT EMITTING MODULE AND METHOD OF MANUFACTURING SAME

Final Rejection §102§103
Filed
May 19, 2023
Priority
May 31, 2022 — JP 2022-088670
Examiner
ESIABA, NKECHINYERE OTUOMASIRICH
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
10 granted / 14 resolved
+3.4% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
31 currently pending
Career history
49
Total Applications
across all art units

Statute-Specific Performance

§103
85.8%
+45.8% vs TC avg
§102
10.2%
-29.8% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 14 resolved cases

Office Action

§102 §103
DETAILED ACTION This Notice is responsive to communication filed on 02/13/2026. 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 Amendment The amendment filed on 02/13/2026 under 37 C.F.R. 1.111 has been entered. Claims 1-16 are pending in the application. 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. Claims 1, 2, and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohmae et al. (US 20200302835). Regarding claim 1, Ohmae discloses a method of manufacturing a light emitting module, the method comprising: providing an intermediate structure Fig. 1 that comprises: a wiring board Fig. 1A: 40 having an upper surface (top side of 40) and comprising a metal layer (para. 0134, first wiring and second wiring) disposed at the upper surface, a first conducting member Fig. 1A: 41A+41B disposed on the metal layer to be in contact with the metal layer (para. 0155), and a second conducting member Fig. 1A: 42 disposed on the metal layer to be in contact with the metal layer (para. 0155) and apart from the first conducting member Fig. 1A: 41A+41B (Fig. 1A shows space 43); disposing, on the intermediate structure, a resist layer Fig. 24B: 47 having a first opening and a second opening (annotated below), such that the first conducting member Fig. 1A: 41A+41B is exposed in the first opening and the second conducting member Fig. 1A: 42 is exposed in the second opening (shown in annotated Fig. 24B below); providing a light emitting element Fig. 1A: 11 having a lower surface Fig. 1A: 11A, the light emitting element Fig. 1A: 11 comprising a first electrode Fig. 1A: 31 and a second electrode Fig. 1A: 32 that are spaced apart from each other at the lower surface (shown in Fig. 1A); while a portion of an outer periphery of the lower surface of the light emitting element Fig. 1A: 11 is exposed from the resist layer Fig. 24B: 47 in the first opening and the second opening (annotated portions below), disposing the light emitting element Fig. 1A: 11 on the resist layer Fig. 24B: 47 such that the first electrode Fig. 1A: 31 and the second electrode Fig. 1A: 32 respectively face the first conducting member Fig. 1A: 41A+41B and the second conducting member Fig. 1A: 42 (shown in Fig. 2B); forming a first bonding member Fig. 1A: 45A on the first conducting member Fig. 1A: 41A+41B to be in contact with the first conducting member Fig. 1A: 41A+41B and the first electrode Fig. 1A: 31 and forming a second bonding member Fig. 1A: 45B on the second conducting member Fig. 1A: 42 to be apart from the first bonding member Fig. 1A: 45A and in contact with the second conducting member Fig. 1A: 42 and the second electrode Fig. 1A: 32 (para. 0148-0149); and removing the resist layer Fig. 22A - 24B: 47 (para. 0166). PNG media_image1.png 397 617 media_image1.png Greyscale PNG media_image2.png 425 721 media_image2.png Greyscale Regarding claim 2, Ohmae discloses the method of manufacturing a light emitting module according to claim 1, wherein, in the step of disposing the light emitting element Fig. 1A: 11, the resist layer Fig. 24B: 47 is pressed by the light emitting element Fig. 1A: 11 to thereby cover portions at an end of the first conducting member Fig. 1A: 41A+41B and portions at an end of the second conducting member Fig. 1A: 42. Fig. 24B shows the right end portion of conducting member 41B covered by the resist 47A and the left end portion of conducting member 42 covered by the resist. Para. 0159 also teaches capillary phenomenon which creates a deep anchor and flow into spaces around the adhesive. Regarding claim 5, Ohmae discloses the method of manufacturing a light emitting module according to claim 1, wherein the first bonding member Fig. 1A: 45A and the second bonding member Fig. 1A: 45B are formed by electroplating (para. 0164). Regarding claim 6, Ohmae discloses the method of manufacturing a light emitting module according to claim 1, wherein the step of providing an intermediate structure comprises a step of providing a wiring board Fig. 1A: 40 (base board; para. 0133 “wiring board”), and a step of disposing the first conducting member Fig. 1A: 41A+41B and the second conducting member Fig. 1A: 42 on the metal layer (para. 0155). Regarding claim 7, Ohmae discloses the method of manufacturing a light emitting module according to claim 6 wherein the first conducting member Fig. 1A: 41A+41B and the second conducting member Fig. 1A: 42 are formed by a plating method (para. 0133, “the first connecting portion and the second connecting portion each formed of a… copper plating layer”). Regarding claim 8, Ohmae discloses the method of manufacturing a light emitting module according to claim 1, wherein a shape of the outer periphery of the lower surface of the light emitting element Fig. 1A: 11 is a quadrangle (see Fig. 1B), and in the step of disposing the light emitting element Fig. 1A: 11, entireties of two opposing sides of four sides of the quadrangle are in contact with the resist layer 47. Fig. 22A – Fig. 24A show opposing ends of the lower quadrangle of the light emitting element in contact with the resist layer 47. Fig.1B also shows the quadrangle shaped outer periphery of the lower surface of the light emitting element. 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. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2020/0302835) as applied to claim 1 above. Regarding claim 3, Ohmae discloses the method of manufacturing a light emitting module according to claim 1 further comprising: subsequent to the step of removing the resist layer Fig. 22A-24B: 47, separating the metal layer into a first metal layer (i.e. first wiring, para. 0134) that is in contact with the first conducting member Fig. 1A: 41A+41B and a second metal layer (i.e. second wiring, para. 0134) that is in contact with the second conducting member Fig. 1A: 42 by selectively removing the metal layer by using the first conducting member and the second conducting member as a mask. Ohmae, in a different embodiment, teaches the following claim limitations: selectively removing the metal layer by using the first conducting member Fig. 1A: 41A+41B and the second conducting member Fig. 1A: 42 as a mask. Ohmae teaches separate first and second wirings (para. 0134-0135) and also teaches methods of forming the first and second wirings formed using methods including an electrolytic plating method (i.e. electroplating), a metal mask printing method, and a shadow mask method (para. 0135). It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify Ohmae’s invention so that the wiring (i.e.) metal layer would be separated into a first and second wiring (i.e. first and second metal layers) using the electroplating process of forming the first and second conducting member to separate the wiring (i.e. metal) layer for the purpose of providing a region on the wiring board for passing an energy ray needed to cure the adhesive layer of the board (para. 0133). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2020/0302835) as applied to claim 1 above, and further in view of Sanga (WO 2021/132392). Regarding claim 4, Sanga discloses the following claim limitations not disclosed by Ohmae: The method of manufacturing a light emitting module according to claim 3 further comprising, subsequent to the step of separating the metal layer, forming a metal film Fig. 2N: C on the exposed surfaces of each of the first conducting member Fig. 3: 11, the first bonding member Fig. 2N/3: P, and the first electrode Fig. 3: 31, and on the exposed surfaces of each of the second conducting member Fig. 3: 12, the second bonding member Fig. 2N/3: P, and the second electrode Fig. 3: 32 (para. 0123). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ohmae with Sanga’s for the purpose of forming a pad coating to prevent corrosion of the wirings (para. 0123). Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 2020/0302835) and Sanga (WO 2021/132392), and further in view of Scanlan et al. (US 20150187710). Regarding claim 9, Ohmae discloses a light emitting module comprising: a wiring board Fig. 1A: 40 having an upper surface (top surface of 40 shown in Fig. 2B), the wiring board Fig. 1A: 40 comprising: a first metal layer (para. 0134, first wiring) disposed at the upper surface, and a second metal layer (para. 0134, second wiring) disposed on the upper surface; a first conducting member Fig. 1A: 41 disposed on the first metal layer in contact with the first metal layer (para. 0134); a second conducting member Fig. 1A: 42 disposed on the second metal layer in contact with the second metal layer (para. 0134); a first bonding member Fig. 1A: 45A disposed on the first conducting member Fig. 1A: 41 in contact with the first conducting member Fig. 1A: 41; a second bonding member Fig. 1A: 45B disposed on the second conducting member Fig. 1A: 42 in contact with the second conducting member Fig. 1A: 42; and a light emitting element Fig. 1A: 11 having a lower surface Fig. 1A: 11A, the light emitting element Fig. 1A: 11 comprising a first electrode Fig. 1A: 31 disposed at the lower surface Fig. 1A: 11A and in contact with the first bonding member Fig. 1A: 45A, and a second electrode Fig. 1A: 32 disposed on the lower surface Fig. 1A: 11A and in contact with the second bonding member Fig. 1A: 45B, the lower surface Fig. 1A: 11A opposing the upper surface of the wiring board (shown in Fig. 1A – 2B), wherein in a plan view, a portion at an end of the first conducting member is exposed from the first bonding member, and a portion at an end of the second conducting member is exposed from the second bonding member, and a maximum thickness of the portion of the first conducting member exposed from the first bonding member in the plan view is less than a maximum thickness of a portion of the first conducting member not exposed from the first bonding member in the plan view. Sanga teaches the following claim limitations not disclosed by Ohmae: wherein, in a plan view, a portion at an end of the first conducting member Fig. 3: P1 is exposed from the first bonding member Fig. 3: P1, and a portion at an end of the second conducting member Fig. 3: 12 is exposed from the second bonding member Fig. 3: P2. Fig. 3 shows the right end of the conducting member 11 is exposed and the left end of conducting member 12 is exposed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Ohmae with Sanga’s for the purpose of avoiding the occurrence of a short-circuit due to contact between the members P1 and P2 (para. 0133). Scanlan teaches the following claim limitations not disclosed by Ohmae: a maximum thickness Fig. 1D: T1 of the portion of the first conducting member Fig. 3: 40 exposed from the first bonding member Fig. 3: 32 in the plan view is less than a maximum thickness Fig. 1D: T2 of a portion of the first conducting member Fig. 3: 40 not exposed from the first bonding member Fig. 3: 32 in the plan view (shown in Fig. 3). Portions of the conducting member 40 (para. 0049, thick RDL traces) that are not covered by the bonding member 32 (para. 0047, bond pads) are not as thick as the portions covered by the bonding member 32. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ohmae in order to allow improvement or optimization of warpage of the semiconductor package (para. 0080). Regarding claim 10, Sanga discloses the following claim limitations not disclosed by Ohmae: the light emitting module according to claim 9, wherein, in a plan view, the portion of the first conducting member Fig. 3: 11 exposed from the first bonding member Fig. 3: P1 and the portion of the second conducting member Fig. 3: 12 exposed from the second bonding member Fig. 3: P2 are located between the first bonding member Fig. 3: P1 and the second bonding member Fig. 3: P2 (shown in Fig. 3). Regarding claim 11, Scanlan teaches the following claim limitations not disclosed by Ohmae: the light emitting module according to claim 9, wherein a maximum thickness Fig. 1D: T1 of the portion of the second conducting member Fig. 3: 40 (right side of the diagram) exposed from the second bonding member Fig. 3: 32 (right side of the diagram) in the plan view is less than a maximum thickness Fig. 1D: T2 of a portion of the second conducting member Fig. 3: 40 not exposed from the second bonding member Fig. 3: 32 in the plan view (see Fig. 1D and Fig. 3). Regarding claim 12, Scanlan teaches the following claim limitations not disclosed by Ohmae: The light emitting module according to claim 9, wherein the first conducting member Fig. 3: 40 includes a raised central part (T2 portion of Fig.3). Regarding claim 13, Scanlan teaches the following claim limitations not disclosed by Ohmae: The light emitting module according to claim 9, wherein each of the first conductive member Fig. 3: 40 and the second conducting member Fig. 3: 40 includes a raised central part (T2 portion of Fig.3). Regarding claim 14, Scanlan teaches the following claim limitations not disclosed by Ohmae: The light emitting module according to claim 9, wherein a maximum thickness of the first conducting member Fig. 3: 40 is greater than a maximum thickness of the first bonding member Fig. 3: 32 (shown in Fig. 3). Regarding claim 15, Scanlan teaches the following claim limitations not disclosed by Ohmae: light emitting module according to claim 14, wherein a maximum thickness of the second conducting member Fig. 3: 40 is greater than a maximum thickness of the second bonding member Fig. 3: 32 (shown in Fig. 3). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Ohmae et al. (US 20200302835) as applied to claim 1 above, and further in view of Becker et al. (US 20190237590). Regarding claim 16, Becker teaches the following claim limitations not disclosed by Ohmae: The method of manufacturing a light emitting module according to claim 1, wherein: in the step of disposing the resist layer Fig. 13: 170, the resist layer Fig. 13: 170 is lattice shaped in the plan view (para. 0153 teaches lattice shaped barrier structure 170, para. 0155 teaches it is formed of a photoresist layer), and in the step of disposing the light emitting element (i.e.) Fig. 12: 121, the light emitting element Fig. 12: 121, is disposed on at least one lattice point of the resist layer Fig. 13: 170 (shown in Fig. 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Ohmae with Becker in order to suppress crosstalk between a radiation-emitting semiconductor chip and a radiation-detecting semiconductor chip with the aid of a barrier structure (para. 0097). Response to Arguments Applicant’s arguments with respect to claim 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Regarding claim 1, Applicant claims there are no openings in the adhesive layer 47 while the light-emitting device 11 is disposed on the adhesive layer 47 and cites Fig. 22A and 22B of Ohmae’s invention to show this. However, Examiner points out that in Fig. 24B, as cited in the previous rejection, the uncured portions of the adhesive layer 47B are subsequently removed, leaving openings in the adhesive layer, and leaving the base of the lighting element 11 exposed (para. 0167) as taught by Ohmae. Therefore, the argument is not persuasive. Claim 9 rejection relies on additional prior art. 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 NKECHINYERE ESIABA whose telephone number is (571)272-0720. The examiner can normally be reached Monday - Friday 10am-5pm 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, Kretelia Graham can be reached at (571) 272-5055. 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. /Nkechinyere Esiaba/Examiner, Art Unit 2817 /Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

May 19, 2023
Application Filed
Nov 19, 2025
Non-Final Rejection mailed — §102, §103
Feb 13, 2026
Response Filed
Jun 16, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12550491
DISPLAY DEVICE, METHOD OF MANUFACTURING THE SAME AND TILED DISPLAY DEVICE INCLUDING THE SAME
3y 2m to grant Granted Feb 10, 2026
Patent 12506102
FULLY MOLDED SEMICONDUCTOR STRUCTURE WITH FACE MOUNTED PASSIVES AND METHOD OF MAKING THE SAME
3y 5m to grant Granted Dec 23, 2025
Patent 12489076
POWER MODULE FOR HIGH-FREQUENCY USE AND METHOD FOR MANUFACTURING THE SAME
3y 4m to grant Granted Dec 02, 2025
Patent 12457832
LIGHT EMITTING DEVICE AND DIFFUSION MEMBER USED THEREIN
2y 12m to grant Granted Oct 28, 2025
Patent 12309994
METHOD OF MANUFACTURING MEMORY DEVICE HAVING DOUBLE SIDED CAPACITOR
3y 2m to grant Granted May 20, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+33.3%)
3y 6m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 14 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month