Prosecution Insights
Last updated: May 29, 2026
Application No. 18/390,765

LIGHT-EMITTING DEVICE

Non-Final OA §112
Filed
Dec 20, 2023
Priority
Dec 22, 2022 — JP 2022-205257
Examiner
HO, ANTHONY
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1026 granted / 1130 resolved
+22.8% vs TC avg
Minimal +2% lift
Without
With
+2.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
26 currently pending
Career history
1160
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1130 resolved cases

Office Action

§112
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on December 20, 2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "electrode distinguishing marks" in lines 13-14 of claim 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "vicinities of two adjacent angles of the rectangular outer shape" in lines 14-15 of claim 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "two adjacent angles of the rectangular outer shape" in lines 14-15 of claim 1. There is insufficient antecedent basis for this limitation in the claim. Claims 2-13 are rejected based on their dependency upon rejected claim 1. Allowable Subject Matter Claims 1-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is an examiner’s statement of reasons for allowance: The closest prior art of Aruga et al (US Pub 2016/0293813) either singularly or in combination fails to anticipate or render obvious a light-emitting device, comprising: a light-emitting element; a base member having a rectangular outer shape in a top view and having a first surface, wherein the light-emitting element is disposed at the first surface, a second surface opposite to the first surface, a lateral wall defining a frame surrounding the first surface in the top view, and an upper surface of the lateral wall; a light-transmissive member disposed over the base member to cover the first surface in the top view; and a bonding member disposed between a lower surface of the light-transmissive member and the upper surface of the lateral wall to bond the base member and the light- transmissive member together, wherein the base member includes a first electrode portion on the second surface, a second electrode portion spaced apart from the first electrode portion, and electrode distinguishing marks respectively provided in vicinities of two adjacent angles of the rectangular outer shape on the upper surface, wherein a portion of the light-transmissive member overlaps with at least a portion of each of the electrode distinguishing marks in the top view, and wherein the bonding member is not disposed at least in the vicinities of the two adjacent angles on the upper surface as recited in claim 1. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY HO whose telephone number is (571)270-1432. The examiner can normally be reached 9AM - 5PM, Monday-Friday. 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, Marlon Fletcher can be reached at 571-272-2063. 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. /ANTHONY HO/Primary Examiner, Art Unit 2817
Read full office action

Prosecution Timeline

Dec 20, 2023
Application Filed
May 06, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12641985
DISPLAY DEVICE AND METHOD FOR MANUFACTURING THE SAME
3y 5m to grant Granted May 26, 2026
Patent 12637770
DEPOSITION DEVICE AND DEPOSITION METHOD
3y 4m to grant Granted May 26, 2026
Patent 12635405
QUANTUM DOT MATERIAL AND PREPARATION METHOD THEREFOR, QUANTUM DOT DISPLAY DEVICE, DISPLAY APPARATUS, METHOD FOR PATTERNING QUANTUM DOT FILM, AND METHOD FOR FABRICATING QUANTUM DOT LIGHT-EMITTING DEVICE
2y 11m to grant Granted May 19, 2026
Patent 12630761
ORGANIC ELECTROLUMINESCENCE ELEMENT AND ELECTRONIC DEVICE
1y 12m to grant Granted May 19, 2026
Patent 12628637
BACK END OF LINE INTERCONNECT STRUCTURE
2y 5m to grant Granted May 12, 2026
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
91%
Grant Probability
93%
With Interview (+2.4%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1130 resolved cases by this examiner. Grant probability derived from career allowance rate.

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