Prosecution Insights
Last updated: April 19, 2026
Application No. 18/359,426

LIGHT-EMITTING DEVICE

Non-Final OA §103
Filed
Jul 26, 2023
Examiner
NIU, XINNING
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
835 granted / 1008 resolved
+14.8% vs TC avg
Minimal +4% lift
Without
With
+4.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
32 currently pending
Career history
1040
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
68.3%
+28.3% vs TC avg
§102
14.7%
-25.3% vs TC avg
§112
9.1%
-30.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1008 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 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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. Claims 1, 2 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al. (US PG Pub 2021/0181614) in view of Auracher et al. (US 6,271,049). Regarding claim 1, Motobayahi et al. disclose: a substrate (bottom of element 124) having a mounting surface (surface that laser 121 is mounted upon) (Fig. 3, [0029], [0030]); a semiconductor laser element (121) supported by the mounting surface (Fig. 3, [0029], [0030]); a first mirror member (123) that is supported by the mounting surface and has a first reflective surface inclined with respect to the mounting surface and oriented obliquely upward (Fig. 3, [0029], [0030], [0031], [0034]); a cover (125) that has a facing surface (bottom surface of cover) facing the mounting surface of the substrate, and an upper surface (upper surface of cover) positioned on a side opposite to the facing surface and is positioned above the semiconductor laser element and the first mirror member (Fig. 3, [0029], [0030], [0031], [0034]); wherein: the semiconductor laser element is configured to emit a laser beam toward the first reflective surface; the first reflective surface is configured to reflect the laser beam to change a traveling direction of the laser beam to a direction away from the mounting surface of the substrate; the cover is configured to transmit the laser beam reflected by the first reflective surface (Fig. 3, [0029], [0030], [0031], [0034]). Motobayashi et al. do not disclose: and a second mirror member that is supported by the upper surface of the cover and has a second reflective surface, at least a portion of the second reflective surface being positioned above at least a portion of the first reflective surface; and the second reflective surface is configured to reflect the laser beam reflected by the first reflective surface to further change the traveling direction of the laser beam. Auracher et al. disclose: a second mirror member (19) that has a second reflective surface, at least a portion of the second reflective surface being positioned above at least a portion of the first reflective surface (reflective surface of prism 3); and the second reflective surface is configured to reflect the laser beam reflected by the first reflective surface to further change the traveling direction of the laser beam (Fig. 2, col. 5, lines 47-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi by coupling a second mirror member as disclosed by Auracher to the top surface of cover (125) in order to couple the output of laser (121) to a fiber located above and to the right of the laser. PNG media_image1.png 602 636 media_image1.png Greyscale Fig. 3 of Motobayashi PNG media_image2.png 352 578 media_image2.png Greyscale Fig. 2 of Auracher Regarding claim 2, Motobayashi as modified do not disclose: wherein a resin layer is located between a lower surface of the second mirror member and the upper surface of the cover. However, Motobayashi discloses: the frame part 14F of the lens array 14 is fixed to the holding part 131 of the lens holding member 13 by using, for example, a resin material or the like ([0057]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi as modified by using a resin layer between a lower surface of the second mirror member and the upper surface of the cover in order to bond the second mirror member to the cover. Regarding claim 7, Motobayashi as modified do not explicitly disclose: wherein the substrate is formed of a material having a thermal conductivity in a range from 10 W/m*K to 2000 W/m* K. However, In accordance with MPEP 2144.07, Art Recognized Suitability for an Intended Purpose: The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), see also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to use known materials such as a material having a thermal conductivity in a range from 10 W/m*K to 2000 W/m* K based on its suitability for the device. Regarding claim 8, Motobayashi as modified do not explicitly disclose: wherein the substrate is formed of a material having a thermal conductivity in a range from 10 W/m*K to 2000 W/m* K. However, In accordance with MPEP 2144.07, Art Recognized Suitability for an Intended Purpose: The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), see also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). Therefore it would have been obvious to one of ordinary skill in the art at the time of the invention to use known materials such as a material having a thermal conductivity in a range from 10 W/m*K to 2000 W/m* K based on its suitability for the device. Regarding claim 9, Motobayashi as modified disclose: a frame body (side wall of element 124) that is positioned around the mounting surface of the substrate and supports the cover (125) (Fig. 3, [0029], [0030], [0031]-[0034]); wherein: the semiconductor laser element is hermetically sealed by the substrate, the frame body, and the cover (Motobayashi, [0040]). Regarding claim 10, Motobayashi as modified disclose: a frame body (side wall of element 124) that is positioned around the mounting surface of the substrate and supports the cover (125) (Fig. 3, [0029], [0030], [0031]-[0034]); wherein: the semiconductor laser element is hermetically sealed by the substrate, the frame body, and the cover (Motobayashi, [0040]). Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al. (US PG Pub 2021/0181614) in view of Auracher et al. (US 6,271,049) and Ariga et al. (US PG Pub 2009/0129427). Regarding claim 3, Motobayashi as modified do not disclose: wherein the cover comprises a light-shielding film on the facing surface of the cover, the light-shielding film positioned at least around a region through which the laser beam is transmitted. Ariga et al. disclose: stray light reducing films 200 and 201 formed on the inner surface of the cover member 13 ([0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi as modified by depositing a light-shielding film on the facing surface of the cover in order to prevent stray light from exiting the laser package. Regarding claim 4, Motobayashi as modified do not disclose: wherein the cover comprises a light-shielding film on the facing surface of the cover, the light-shielding film positioned at least around a region through which the laser beam is transmitted. Ariga et al. disclose: stray light reducing films 200 and 201 formed on the inner surface of the cover member 13 ([0053]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi as modified by depositing a light-shielding film on the facing surface of the cover in order to prevent stray light from exiting the laser package. Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Motobayashi et al. (US PG Pub 2021/0181614) in view of Auracher et al. (US 6,271,049) and Hollemann et al. (US PG Pub 2002/0036821). Regarding claim 5, Motobayashi as modified do not disclose: further comprising a fast-axis collimating lens that is positioned between the mounting surface of the substrate and the facing surface of the cover and is positioned on an optical path of the laser beam. Hollemann et al. disclose: laser diode array 10 with collimating optics 11 for the fast axis ([0038]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi as modified by coupling a fast-axis collimating lens between the mounting surface of the substrate and the facing surface of the cover in order to collimate the fast axis of the laser beam. Regarding claim 6, Motobayashi as modified do not disclose: further comprising a fast-axis collimating lens that is positioned between the mounting surface of the substrate and the facing surface of the cover and is positioned on an optical path of the laser beam. Hollemann et al. disclose: laser diode array 10 with collimating optics 11 for the fast axis ([0038]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Fig. 3 of Motobayashi as modified by coupling a fast-axis collimating lens between the mounting surface of the substrate and the facing surface of the cover in order to collimate the fast axis of the laser beam. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Acklin et al. (US 6,778,576) disclose: Illumination unit for an apparatus, particularly for the implementation of diaphanoscopic examinations at a human, animal or botanical examination subject, has a monolithic semiconductor laser diode bar with driveable laser diodes that emit radiation as well as at least one optical arrangement for collimating and/or focusing the emitted laser radiation. The laser diode bar and the optical arrangement are mounted at a common carrier, and the laser diode bar is connected to pin-like terminal elements at the carrier for diode drive, that are in turn connected or connectable to terminals provided at a carrier plate accepting the carrier. A radiation-transparent covering that encapsulates the carrier (Abstract). Park et al. (US PG Pub 2008/0317078) disclose: a green laser module package is disclosed. A green laser module package which generates a laser in a wavelength range of green visible lights comprising: a stem located on a basal surface of the green laser module package; a pumping light source that generates a pumping light; a laser medium that converts the pumping light into an infrared light; an optical crystal that converts the infrared light into a laser in wavelength range of green visible lights; a first thermoelectric element, located on the stem and thermally coupled to the pumping light source, that controls working temperature of the pumping light source; an optical part that reflects the green laser from the optical crystal in a perpendicular direction to an optical axis of the pumping light source; and a window that transmits the perpendicularly reflected green laser, toward outside of the green laser module package, is provided. The green laser module package can exclude an undesirable affects of external and inner heat by controlling working temperatures of components of the green laser module and minimize size and volume of the green laser module (Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to XINNING(TOM) NIU whose telephone number is (571)270-1437. The examiner can normally be reached M-F: 9:30am-6:00pm. 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, Minsun Harvey can be reached at 571-272-1835. 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. /XINNING(Tom) NIU/Primary Examiner, Art Unit 2828
Read full office action

Prosecution Timeline

Jul 26, 2023
Application Filed
Feb 11, 2026
Non-Final Rejection — §103 (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
83%
Grant Probability
87%
With Interview (+4.2%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 1008 resolved cases by this examiner. Grant probability derived from career allow rate.

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