Prosecution Insights
Last updated: July 17, 2026
Application No. 18/348,893

LIGHT-EMITTING DEVICE AND METHOD FOR MANUFACTURING THE SAME

Final Rejection §103
Filed
Jul 07, 2023
Priority
Jul 22, 2022 — CN 202210874460.1
Examiner
YEMELYANOV, DMITRIY
Art Unit
2891
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tianjin Sanan Optoelectronics Co., Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
408 granted / 555 resolved
+5.5% vs TC avg
Strong +19% interview lift
Without
With
+19.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
38 currently pending
Career history
599
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
88.4%
+48.4% vs TC avg
§102
8.8%
-31.2% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 555 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 . 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) 1-5 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over in view of Xiao et al. (CN 111819703 A; Published 10/23/2020) in view of Yoon et al. (US 2014/0312369 A1). Regarding Claim 1, Xiao (Fig. 15) discloses a light-emitting device, comprising: an epitaxial structure that includes a first semiconductor layer (the first covering layer 105 is an N-type AlGaAs), an active layer (“light emitting layer 106”), and a second semiconductor layer (“second covering layer 107 is the P-type AlGaAs”) disposed sequentially in such order; a diffusion blocking layer (“n-type InGaP intermediate layer 201) that is disposed on a surface of said first semiconductor layer (105) opposite to said active layer (106); an ohmic contact layer (“ohmic contact layer 102 gallium arsenide”) that is disposed on a surface of said diffusion blocking layer (201) opposite to said first semiconductor layer (105); a first electrode (109) that is disposed on a surface of said ohmic contact layer (102) opposite to said diffusion blocking layer (201) and that is electrically connected to said first semiconductor layer (105); and a second electrode (110) that is disposed on and electrically connected to said second semiconductor layer (107), wherein said first semiconductor layer (105) is an N-type semiconductor layer (the first covering layer 105 is an N-type AlGaAs), said diffusion blocking layer has a composition that is represented by GaxIn(1-x)P, 0≤X≤1, (“n-type InGaP intermediate layer 201”) and a material of said diffusion blocking layer (“n-type InGaP intermediate layer 201”) is different from a material of said ohmic contact layer. (“ohmic contact layer 102 gallium arsenide”) Xiao does not explicitly disclose a second electrode that is disposed on said second semiconductor layer. Yoon (Fig. 1) discloses a second electrode (130) that is disposed on a second semiconductor layer. (112) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that a second electrode that is disposed on said second semiconductor layer in order to dispose a light-emitting device may be disposed in a flip-chip manner to be used in a package and not require a wire bonding process, and thus, may avoid a reduction in reliability resulting from defects in the wire bonding process. [0043, 0104, 0107]. Regarding Claim 2, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, Xiao in view of Yoon as previously combined does not explicitly disclose an insulation layer formed on said epitaxial structure, said insulation layer having two through holes, said first electrode and said second electrode respectively extending into said through holes to electrically connect to said first semiconductor layer and said second semiconductor layer, respectively. However, Yoon (Fig. 3) discloses an insulation layer (220) formed on said epitaxial structure, said insulation layer having two through holes (holes for 230, 242, 246 in 220), a first electrode (244) and a second electrode (230) respectively extending into said through holes to electrically connect to a first semiconductor layer (216) and a second semiconductor layer (212), respectively, an ohmic contact layer (242) is exposed from said insulation layer (220) through a respective one of said through holes (holes for 230, 242, 246 in 220) and is spaced apart from said insulation layer by a gap (gap created by 250, 246), said first electrode (244) extending into said gap. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that an insulation layer formed on said epitaxial structure, said insulation layer having two through holes, said first electrode and said second electrode respectively extending into said through holes to electrically connect to said first semiconductor layer and said second semiconductor layer, respectively in order to have first and second insulating layers to thereby be electrically isolated from the active layer and the second conductivity type semiconductor layer [0063] Regarding Claim 3, Xiao in view of Yoon discloses the discloses the light-emitting device as claimed in claim 2, wherein said ohmic contact layer is exposed from said insulation layer (220 Yoon) through a respective one of said through holes (holes for 230, 242, 246 in 220 Yoon) and is spaced apart from said insulation layer by a gap (gap created by 250, 246 Yoon), said first electrode (244 Yoon) extending into said gap to contact said diffusion blocking layer (201 Xiao) Regarding Claim 4, Xiao in view of Yoon discloses the discloses the light-emitting device as claimed in claim 1. Xiao in view of Yoon as previously combined does not explicitly disclose a supporting substrate and a bonding layer, said bonding layer being disposed between said supporting substrate and said epitaxial structure. Yoon (Fig. 7) discloses a supporting substrate (2011) and a bonding layer (2013), said bonding layer (2013) being disposed between said supporting substrate () and an epitaxial structure (110). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that a supporting substrate and a bonding layer, said bonding layer being disposed between said supporting substrate and said epitaxial structure in order to mount semiconductor light emitting device to a package in a flip-chip manner [0106-0107]. Regarding Claim 5, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, wherein said diffusion blocking layer (201) has a thickness ranging from 50 Å to 500 Å. (“n-type InGaP intermediate layer 201 is preferably 20-150nm”) Xiao. Regarding Claim 7, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, wherein Xiao in view of Yoon as previously combined does not explicitly disclose a projection of said ohmic contact layer on said epitaxial structure falls within a projection of said first electrode on said epitaxial structure. However, Yoon (Fig. 3) discloses a projection of an ohmic contact layer (242) on an epitaxial structure (210) falls within a projection of a first electrode (244, 246, 280) on said epitaxial structure (210). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that a projection of said ohmic contact layer on said epitaxial structure falls within a projection of said first electrode on said epitaxial structure in order to encompassing an ohmic contact layer and to have an electrode with higher degree of fracture toughness [0066-0068]. Regarding Claim 8, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, wherein each of said first electrode (109) and said second electrode (110) is a metal electrode. (“The first electrode 109 and the second electrode 110 comprise a transparent conductive material and or a metal material. the transparent conductive material comprises a transparent conductive layer, such as ITO or metal thin layer; the metal material comprises at least one of GeAuNi, AuGe, AuZn, Au, Al, Pt, Ti.”) Xiao Regarding Claim 9, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1. Xiao in view of Yoon as previously combined does not explicitly disclose an upper surface of said first electrode is flush with an upper surface of said second electrode. However, Yoon discloses an upper surface of said first electrode (280) is flush with an upper surface of said second electrode (270) (Yoon Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that an upper surface of said first electrode is flush with an upper surface of said second electrode in order to dispose a light-emitting device may be disposed in a flip-chip manner to be used in a package and not require a wire bonding process, and thus, may avoid a reduction in reliability resulting from defects in the wire bonding process. [0043, 0104, 0107]. Regarding Claim 10, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, wherein Xiao in view of Yoon as previously combined does not explicitly disclose said first electrode includes a first contact electrode and a first electrode pad formed on said first contact electrode, said second electrode includes a second contact electrode and a second electrode pad formed on said second contact electrode. However, in a different embodiment Yoon (Fig. 3) discloses a first electrode (280, 246, 244) includes a first contact electrode (246) and a first electrode pad (280) formed on said first contact electrode (246), a second electrode (230, 270) includes a second contact electrode (230) and a second electrode pad (270) formed on said second contact electrode (230). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light-emitting device in Xiao in view of Yoon such that said first electrode includes a first contact electrode and a first electrode pad formed on said first contact electrode, said second electrode includes a second contact electrode and a second electrode pad formed on said second contact electrode in order to dispose a light-emitting device may be disposed in a flip-chip manner to be used in a package and not require a wire bonding process, and thus, may avoid a reduction in reliability resulting from defects in the wire bonding process. [0043, 0104, 0107] Regarding Claim 11, Xiao in view of Yoon discloses the light-emitting device as claimed in claim 1, wherein said light-emitting device radiates one of red light and infrared light. (“the light emitting element of the invention is more preferably suitable for infrared band”) Xiao Response to Arguments Applicant’s arguments with respect to claim(s) 1 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 DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m. 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, Matthew Landau can be reached at (571) 272-1731. 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. /DMITRIY YEMELYANOV/Examiner, Art Unit 2891
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Prosecution Timeline

Jul 07, 2023
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §103
May 06, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
93%
With Interview (+19.3%)
2y 7m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 555 resolved cases by this examiner. Grant probability derived from career allowance rate.

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