Prosecution Insights
Last updated: October 02, 2026
Application No. 18/334,245

WAVELENGTH CONVERSION MEMBER AND METHOD FOR MANUFACTURING THE SAME, LIGHT-EMITTING DEVICE, AND PROJECTOR

Final Rejection §103
Filed
Jun 13, 2023
Priority
Jun 15, 2022 — JP 2022-096431 +1 more
Examiner
OWENS, DANELL L
Art Unit
2882
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
3 (Final)
76%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
578 granted / 759 resolved
+8.2% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
31 currently pending
Career history
789
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
58.6%
+18.6% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 759 resolved cases

Office Action

§103
DETAILED ACTION 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 . Status of Claims Claims 1 and 2 are amended. Claims 1-17 are pending. 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. Claim(s) 1-8 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inomata et al. (JP 2021060470A). Regarding claims 1, 2 and 17, Inomata discloses a wavelength conversion member (wavelength conversion member 1 of fig. 6A) comprising: a substrate (substrate 10 of fig. 6A); and a wavelength conversion layer (wavelength conversion layer 11 of fig. 6A) containing a binder (sealing member 13 of fig. 6A) and a phosphor (phosphor particle 12a and a phosphor particle 12b of fig. 4B and 6A), and disposed on the substrate (illustrated in fig. 6A), wherein in a cross section orthogonal to an arrangement surface of the wavelength conversion layer on the substrate (illustrated in fig. 6A), a ratio of a sum of a particle cross-sectional area of the phosphor to a cross-sectional area of the wavelength conversion layer is in a range of 56% to 70% (pg. 3 7th para., cross section parallel to the thickness direction of the wavelength conversion layer 11 includes a calculation region in which the area ratio of the cross section of the phosphor particle group 12 is 57% or more), and wherein an average thickness of the wavelength conversion layer is in a range of 55 mm to 146 mm (pg. 9 7th para., wavelength conversion layer 11 is 100 μm). Inomata fails to explicitly teaches wherein an average volume ratio of the phosphor to the binder calculated over the entire thickness of the wavelength conversion layer is in a range of 0.75 to 1.45; however, with a phosphor to binder volume ratio of .666 (pg. 9 7th para., the volume ratio of the phosphor particles 12b and the sealing resin 13 is 40:60), It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify Inomata increasing the volume ratio as is understood by Inomata in order to obtain a large fluorescence intensity and effectively increasing thermal conductivity (pg. 3 1st – 4th para. the present inventors have increased the volume ratio of the phosphor particle group 12 in the wavelength conversion layer 11 in order to increase the thermal conductivity of the wavelength conversion layer 11 and obtain a large fluorescence intensity). Regarding claim 3, Inomata discloses wherein the phosphor comprises a rare earth aluminate phosphor comprising: at least one first element selected from the group consisting of yttrium (YAG; pg. 20 2nd para.), lanthanum, lutetium, gadolinium, and terbium; at least one second element selected from the group consisting of aluminum (YAG; pg. 20 2nd para.), gallium, and scandium, the second element comprising at least aluminum; and cerium. Regarding claim 4, Inomata discloses wherein the phosphor has a median particle diameter in a range of 15 μm to 40 μm (pg. 4 last para. small-diameter phosphor particles 12b having a maximum cross-sectional length of 30 μm or less). Regarding claim 5, Inomata discloses wherein the substrate has a reflective surface formed of a material containing at least one selected from the group consisting of silver and aluminum (pg. 20 2nd para., substrate 10 of the sample K is made of Al (aluminum)), and the wavelength conversion layer (11) is disposed on the reflective surface (illustrated in fig. 6A). Regarding claim 6, Inomata discloses wherein the binder contains a silicone resin (pg. 7 6th para., the sealing member 13 include an acrylic resin, an epoxy resin, and a silicone resin). Regarding claim 7, Inomata discloses a motor (pg.11 4th para., The substrate 10 is provided with a hole 10a for passing the shaft of the motor that rotates the wavelength conversion member 1) configured to rotate the wavelength conversion member (shown in fig. 10A); and a light source (excitation light source; pg. 11 5th para.) configured to irradiate the wavelength conversion member with light. Regarding claim 8, Inomata discloses an image display system and a projection system (pg. 11 3rd para., the wavelength conversion member 1 is a disk-shaped member called a phosphor wheel used in a laser projector). Claim(s) 9-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable Inomata et al. (JP 2021060470A) as applied to claim 1 above, and further in view of Fujita (JP 2008019421A), Washizu (WO2016043159A) and Zhang et al. (US PG Pub. 20220179191). Regarding claims 9-11, Inomata discloses a method for manufacturing a wavelength conversion member, the method comprising: applying a phosphor composition onto a substrate (pg. 18 4th para., the silicone resin is screen-printed on the substrate 10), wherein a boiling point of the solvent is in a range of 200°C to 300°C (pg. 15 4th para., solvent was selected to volatilize at 100 ° C. or higher); heat-treating the phosphor composition applied onto the substrate to form a wavelength conversion layer (pg. 7 2nd para., heat treatment is preferably carried out in an inert gas atmosphere, for example an Ar atmosphere. Since this heat treatment is at a high temperature, in the case of a reducing atmosphere such as hydrogen or a mixed gas of hydrogen and nitrogen, the YAG-based phosphor), Inomata fails to teach a mass ratio of the solvent to the binder is in a range of 0.01 to 0.4. Fujita discloses a mass ratio of the solvent to the binder is in a range of 0.01 to 0.4 (pg. 8 4th para.; The mixing ratio of the binder is generally about 0.1 to 30% by mass, and the mixing ratio of the solvent is generally about 1 to 40% by mass). It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify Inomata with the mass ratio of Fujita in order to increase luminous efficiency. Inomata as modified by Fujita fails to explicitly teach wherein the boiling point of the solvent is in a range of 200° C and 300° C. Washizu discloses a wavelength converting device wherein the boiling point of the solvent is in a range of 200° C and 300° C (pg. 4 3ʳᵈ para. solvent having a boiling point of 250 C) and heat-treating the phosphor composition applied onto the substrate to form a wavelength conversion layer (pg. 12 1st para., the phosphor dispersion liquid is applied, the coating film is heated to 100 C. or higher, preferably 150 to 300 o C). It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify wavelength conversion device of Inomata and Fujita with the solvent having a boiling point of 250° C as shown by Washizu because phosphor dispersion within the liquid increases and the curing process further increases the strength of the wavelength converting device (Washizu; pg. 4 3ʳᵈ para.). Inomata as modified by Fujita and Washizu fails to the phosphor composition comprises a binder, a solvent, and a phosphor and fails to teach a mass ratio of the phosphor to the binder is in a range of 3.15 to 6.05. Zhang discloses wherein the phosphor composition comprises a binder, a solvent, and a phosphor (para. 0064; working temperatures in excess of 200° C., and up to 250° C) and a mass ratio of the phosphor to the binder is in a range of 3.15 to 6.05 (para. 0057; the nanoparticles-to-mixed liquid ratio was lower than 1-to-0.2) It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify wavelength conversion element of Inomata, Fujita and Washizu with the working temperature of Zhang in order to enable high luminous brightness (Zhang; 0064). Regarding claim 12, Inomata discloses wherein the phosphor comprises a rare earth aluminate phosphor comprising: at least one first element selected from the group consisting of yttrium (YAG; pg. 20 2nd para.), lanthanum, lutetium, gadolinium, and terbium; at least one second element selected from the group consisting of aluminum (YAG; pg. 20 2nd para.), gallium, and scandium, the second element comprising at least aluminum; and cerium. Regarding claim 13, Inomata discloses wherein the phosphor has a median particle diameter in a range of 15 μm to 40 μm (pg. 4 last para. small-diameter phosphor particles 12b having a maximum cross-sectional length of 30 μm or less). Regarding claim 15, Inomata discloses wherein the substrate has a reflective surface formed of a material containing at least one selected from the group consisting of silver and aluminum (pg. 20 2nd para., substrate 10 of the sample K is made of Al (aluminum)), and the wavelength conversion layer (11) is disposed on the reflective surface (illustrated in fig. 6A). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inomata et al. (JP 2021060470A), Fujita (JP 2008019421A), Washizu (WO 2016043159A) and Zhang et al. (US PG Pub. 20220179191) as applied to claim 9 above, and further in view of Kunimune (JP 2022007638A). Regarding claim 14, Inomata as modified by Fujita, Washizu and Zhang discloses a method for manufacturing a wavelength conversion member, the method comprising: applying a phosphor composition onto a substrate (para. 0058; The reflective layer can, in any of the foregoing embodiments, be formed by applying the mixture of binder (A) and reflective nanoparticles (B) to the substrate). Inomata as modified by Fujita and Washizu and Zhang fails to teach wherein the solvent contains at least one selected from the group consisting of dodecane, tridecane, tetradecane, pentadecane, and hexadecane. Kunimune discloses wherein the solvent contains at least one selected from the group consisting of dodecane, tridecane, tetradecane, pentadecane, and hexadecane (para. 0097; solvent contained in the inorganic binder include acetone, ethanol, isopropyl alcohol (IPA), propylene glycol monomethyl ether (PGME), propylene glycol monomethyl ether acetate (PGMEA), tridecane). It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the solvent of Inomata, Fujita, Washizu and Zhang with the solvent tridecane of Kunimune because tridecane has a relatively high boiling point, and evaporation of the solvent can be suppressed when the phosphor-containing composition is applied to the substrate, and the phosphor- containing composition can be applied evenly to the surface of the substrate (Kunimune; para. 0097). Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inomata et al. (JP 2021060470A), Fujita (JP 2008019421A), Washizu (WO 2016043159A) and Zhang et al. (US PG Pub. 20220179191) as applied to claim 9 above, and further in view of Matsuka et al. (US PG Pub. 20210305469). Regarding claim 16, Inomata as modified by Fujita, Washizu and Zhang discloses a wavelength conversion member (11 of fig. 6A). Inomata as modified by Fujita, Washizu and Zhang fails to teach wherein the binder contains a silicone resin. Matsuka discloses wherein the binder contains a silicone resin (para. 0060; The phosphor described above can be used for the phosphor 9. A resin such as a silicone resin). It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the wavelength conversion member of Inomata, Fujita, Washizu and Zhang with the binder of Matsuka in order to enhance the diffusion properties of wavelength conversion member. Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 2 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. 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 DANELL L OWENS whose telephone number is (571)270-5365. The examiner can normally be reached 9:00am-5:00pm M-F. 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, Minh-Toan Ton can be reached at 571-272-2303. 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. /DANELL L OWENS/ Examiner, Art Unit 2882 21 August 2026 /TOAN TON/ Supervisory Patent Examiner, Art Unit 2882
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Prosecution Timeline

Jun 13, 2023
Application Filed
Aug 12, 2025
Non-Final Rejection mailed — §103
Nov 06, 2025
Response Filed
Mar 11, 2026
Non-Final Rejection mailed — §103
Jun 10, 2026
Response Filed
Aug 26, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
76%
Grant Probability
87%
With Interview (+11.0%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 759 resolved cases by this examiner. Grant probability derived from career allowance rate.

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