Prosecution Insights
Last updated: May 28, 2026
Application No. 18/364,443

LIGHT-EMITTING DEVICE

Non-Final OA §102
Filed
Aug 02, 2023
Priority
Aug 03, 2022 — JP 2022-124163
Examiner
HUGHES, DEANDRA M
Art Unit
3992
Tech Center
3900
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
140 granted / 181 resolved
+17.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
21 currently pending
Career history
202
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
33.5%
-6.5% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
21.4%
-18.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 181 resolved cases

Office Action

§102
NON-FINAL REJECTION Acknowledgements 1. Claims 1-15 were presented for examination on Aug. 2, 2023. Claim 1 is independent. 2. Applicant claims priority under 35 USC §119(a)-(d) to JP 2022-124163 filed Aug. 3, 2022. 3. The presumed effective filing date of the instant application is Aug. 2, 2023, which is the filing date of the instant application. Claim Rejections - 35 USC § 102 4. Claims 1-2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2023/0204192 to Hayashi et al. filed Dec. 19, 2022 (“Hayashi”). PNG media_image1.png 596 883 media_image1.png Greyscale PNG media_image2.png 697 966 media_image2.png Greyscale As to claim 1, Hayashi discloses: A light-emitting device comprising: a light-emitting element (#1); a substrate (#50) supporting the light-emitting element (#1); and one or more lateral wall portions (#22) joined to the substrate (#1) to surround the light-emitting element (#1), the one or more lateral wall portions (#22) including a 1st lateral wall portion having a light incident surface (D4) configured to receive a light emitted from the light-emitting element (#1) and traveling in a 1st direction and a light exit surface (#13) configured to emit the light, wherein the substrate (#1) has a joint surface (as annotated) joined to the 1st lateral wall portion and a lateral surface (#23) meeting the joint surface (as annotated), the lateral surface (#23) being located between the light incident surface and the light exit surface (#13) in a top view as viewed in a direction perpendicular to the joint surface (see reflection arrows). As to claim 2, Hayashi discloses “the 1st lateral wall portion (#23) has a lower surface joined to the joint surface (as annotated) and the light incident surface meets the lower surface” (see arrows). Allowable Subject Matter 5. Claims 3-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. As to claim 3, the prior art does not disclose or make obvious “an optical axis of the light intersects a virtual plane extending parallel to the lateral surface of the substrate and including the lateral surface of the substrate, and an intersection point between the optical axis of the light and the virtual plane is located between the light incident surface of the 1st lateral wall portion and the light exit surface of the 1st lateral wall portion in the top view” in combination with the other limitations of the claims. As to claim 4, the prior art does not disclose or make obvious “a distance between the lateral surface of the substrate and the light incident surface of the 1st lateral wall portion in the 1st direction is longer than a distance between the lateral surface of the substrate and the light exit surface of the 1st lateral wall portion in the 1st direction” in combination with the other limitations of the claims. As to claims 5-6, the prior art does not disclose or make obvious “a top portion connected to the one or more lateral wall portions, wherein the light-emitting element is disposed inside a sealed space formed by the substrate, the one or more lateral wall portions, and the top portion, and a height of an intersection point between an optical axis of the light and the light incident surface of the 1st lateral wall portion from the joint surface of the substrate is higher than half of a height of a lower surface of the top portion from the joint surface of the substrate in a direction perpendicular to the joint surface of the substrate” in combination with the other limitations of the claims. As to claims 7-15, the prior art does not disclose or make obvious “the substrate further has a mounting surface meeting the lateral surface and extending on a side opposite the light-emitting element with respect to the lateral surface, and the mounting surface is located below the joint surface in the direction perpendicular to the joint surface” in combination with the other limitations of the claims” in combination with the other limitations of the claims. Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANDRA M HUGHES whose telephone number is (571)272-6982. The examiner can normally be reached Generally M-Th 8AM-6PM. 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, Hetul Patel can be reached at 571-272-4184. 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. Signed: /DEANDRA M HUGHES/Reexamination Specialist, Art Unit 3992
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Prosecution Timeline

Aug 02, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection mailed — §102
Apr 24, 2026
Interview Requested
May 26, 2026
Response Filed

Precedent Cases

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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
77%
Grant Probability
97%
With Interview (+20.0%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 181 resolved cases by this examiner. Grant probability derived from career allowance rate.

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