Prosecution Insights
Last updated: April 19, 2026
Application No. 18/465,157

METHOD OF MANUFACTURING LIGHT EMITTING DEVICE

Non-Final OA §103
Filed
Sep 11, 2023
Examiner
YAP, DOUGLAS ANTHONY
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
43 granted / 49 resolved
+19.8% vs TC avg
Moderate +12% lift
Without
With
+12.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
48 currently pending
Career history
97
Total Applications
across all art units

Statute-Specific Performance

§103
50.9%
+10.9% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 49 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. 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, 5-6, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 2018/0212128) in view of Maeda (US 2020/0279981). Regarding claim 1, Hayashi teaches a method of manufacturing a light emitting device (see Title and Figs. 4A-D) comprising: providing a light emitting element (10) having an upper surface (top horizontal surface of 10) and a plurality of side surfaces (vertical surfaces of 10) connected to the upper surface; applying an adhesive resin (321, see ¶ [0065]) onto the upper surface and the plurality of side surfaces of the light emitting element (see Fig. 4B and ¶ [0054]) such that a lower end (LE1, Examiner Fig. 1) of the adhesive resin at a corner (LC) where adjacent ones of the side surfaces of the light emitting element meet is positioned lower than a lower end (LE2) of the adhesive resin at a center (C) of each of the side surfaces of the light emitting element (Examiner Fig. 1 shows LE1 positioned lower than LE2 along the vertical axis); disposing ([0054]; the downward arrows, as shown in Fig 4B) a light transmissive member (22) over the upper surface of the light emitting element with the adhesive resin being interposed between the light transmissive member (as shown in Fig. 4B) and the upper surface of the light emitting element. Hayashi further teaches the method wherein the adhesive resin being made of silicone resin, epoxy resin, or phenol resins (see ¶ [0065]) and solidifying the resin (¶ [0054]). However, Hayashi does not teach method comprising of pressing the adhesive resin with the light transmissive member and curing the adhesive resin. PNG media_image1.png 305 512 media_image1.png Greyscale Examiner Fig. 1. Taken from Hayashi Fig. 4B. Maeda, in the same field of invention, teaches a method of manufacturing a light emitting device (see Title) comprising of pressing (¶ [0057]: apply pressure in a direction indicated by the arrow in Fig. 1E) the adhesive resin (14) with the light transmissive member (11) and curing (¶ [0053], [0057]: applying heat) the adhesive resin (14; see [0053]: 14 made of silicone resin, epoxy resin, or phenol resin). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Maeda into the method of Hayashi to press the adhesive resin with the light transmissive member and cure the adhesive resin. The ordinary artisan would have been motivated to modify Hayashi in the manner set forth above for at least the purpose of using different methods of solidifying adhesive resins in order to efficiency dispose (Maeda ¶ [0006]) and affix the light emitting elements and the light transmissive member at appropriate positions and shape (¶ [0057], ¶ [0006]). Regarding claim 2, the method of manufacturing the light emitting device according to claim 1, wherein the applying of the adhesive resin includes applying the adhesive resin such that a height (height of P1 from top horizontal surface of 10, see Examiner Fig. 1 in claim 1 rejection above) of a first portion (P1) of the adhesive resin located at a center (D) of the upper surface of the light emitting element is higher than a height (height of P2 from the top horizontal surface of 10) of a second portion (P2) of the adhesive resin located at a corner (E) of the upper surface of the light emitting element, as measured from the upper surface of the light emitting element. Regarding claim 5, the method of manufacturing the light emitting device according to claim 1, wherein the light transmissive member has a lower surface (bottom horizontal surface 22; Hayashi Figs. 4B-4D) and a plurality of side surfaces (vertical surfaces of 22) connected to the lower surface, an area of the lower surface being larger than an area of the upper surface of the light emitting element (Fig. 4D shows the bottom horizontal surface of 22 is longer than the top horizontal surface of 10; hence surface area of the light transmissive member is bigger than the light emitting element), and the pressing of the adhesive resin includes pressing the adhesive resin with the light transmissive member such that the adhesive resin reaches an outer edge of the lower surface of the light transmissive member (Fig. 4D shows 321 / 32 extending horizontally from the top horizontal surface of 10 to the outer edge of the bottom horizontal surface of 22). Regarding claim 6, the method of manufacturing the light emitting device according to claim 1, wherein the pressing of the adhesive resin includes pressing the adhesive resin with the light transmissive member such that the adhesive resin reaches lower ends of the side surfaces of the light emitting element (Fig. 4D shows 321 extending vertically to reach the edges of the bottom horizontal surface of 10). Regarding claim 11, the method of manufacturing the light emitting device according to claim 1, further comprising after the curing of the adhesive resin (Hayashi Fig. 4B, ¶ [0054]: hardening adhesive resin 321), disposing a covering member (421, Fig. 4C, ¶ [0055]) to cover side surfaces of the adhesive resin and side surfaces of the light transmissive member. Regarding claim 12, the method of manufacturing the light emitting device according to claim 6, wherein the pressing of the adhesive resin includes pressing the adhesive resin with the light transmissive member such that the adhesive resin covering each of the side surfaces of the light emitting element has a curved surface (Fig. 4D shows 321 / 32 having a curved surface) protruding in a direction (horizontal) away from a corresponding one of the side surfaces of the light emitting element after the pressing of the adhesive resin (Fig. 4D shows 321 protruding, i.e., extending from and/or overlapping the vertical side surface of 10). Claims 3-4 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 2018/0212128) in view of Maeda (US 2020/0279981) as applied to claim 1 above, and further in view of Nakazato (JP 2010-086997; see NPL for English translation) Regarding claim 3, Hayashi et al teaches the method of manufacturing the light emitting device according to claim 2, but does not teach the method wherein the applying of the adhesive resin includes applying the adhesive resin so as to include the first portion, the second portion, and a third portion between the first portion and the second portion, and the height of the second portion is higher than a height of the third portion as measured from the upper surface of the light emitting element, as measured from the upper surface of the light emitting element. Nakazato, in the same field of invention, teaches a method of manufacturing a semiconductor device wherein applying the adhesive resin (34, ¶ [0025]) is done so as to make the second portion be a convex portion (36, see Figs. 3-4 and ¶ [0029]). Hence Hayashi et al in view of Nakazato teaches a third portion (P3, see Examiner Fig. 2; P3 is a concave portion that is lower than the second portion P2, since Hayashi, in claim 2 rejection, teaches first portion P1 being higher than the second portion P2) between the first portion and the second portion, and the height of the second portion is higher than a height of the third portion as measured from the upper surface of the light emitting element, as measured from the upper surface of the light emitting element. PNG media_image2.png 240 371 media_image2.png Greyscale Examiner Fig. 2. Taken from Nakazato Fig. 4 A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Nakazato into the method of Hayashi et al to make the second portion be a convex portion, that then results to having a third concave portion in between the first portion and the second portion, with the height of the third portion, as measured from the upper surface of the light emitting element, to be below the second portion. The ordinary artisan would have been motivated to modify Hayashi et al in the manner set forth above for at least the purpose of ensuring a sufficient amount of adhesive resin is applied to the corners of the light emitting element in order for it to bond well with the light transmissive element (Nakazato ¶ [0029]-[0030]), noting that the ordinary artisan would substitute the lead frame (40) and the semiconductor device (44) of Nakazato with the light emitting element and light transmissive element of Hayashi, respectively, since both references teach the corresponding elements are bonded using the adhesive resin. Regarding claim 4, the method of manufacturing the light emitting device according to claim 3, wherein the applying of the adhesive resin includes applying the adhesive resin so that the second portion is continuous with a portion (Examiner Fig. 1 in claim 1 rejection above shows P2 being a continuous portion of the resin; Examiner Fig. 2 shows 36 being a continuous portion of the resin 34) of the adhesive resin located at the corner where the adjacent ones of the side surfaces of the light emitting element meet (Examiner Fig. 2 shows second portion, i.e., concave portion 36, at the corners of lead frame 40 and shows semiconductor device 44 bonded to lead frame 40 through adhesive resin 36; Hayashi et al in view of Nakazato substitutes the lead frame with Hayashi’s light emitting element and the semiconductor device with Hayashi’s light transmissive element, respectively). Regarding claim 8, Hayashi et al teaches method of manufacturing the light emitting device according to claim 1, but does not teach wherein the applying of the adhesive resin includes disposing a nozzle, which has an end surface larger than the upper surface of the light emitting element, above the light emitting element such that the end surface of the nozzle faces the upper surface of the light emitting element and an outer edge of the end surface of the nozzle is located outward relative to an outer edge of the upper surface of the light emitting element, and discharging the adhesive resin toward the upper surface of the light emitting element from the nozzle. Nakazato, in the same field of invention, teaches a method of manufacturing a semiconductor device wherein the applying of the adhesive resin includes disposing a nozzle (18), which has an end surface (21) larger than the upper surface of the light emitting element (Fig. 1D, ¶ [0027] of English translation: “the opening 21… is set larger than the semiconductor element to be mounted”; Nakazato’s semiconductor element 44 is analogous to the light transmissive member of Hayashi and lead frame 40 analogous to the light emitting member of Hayashi since 44 mounted on top of 40 with resin 34 in between; also, Fig. 4B of Hayashi teaches light transmissive member 22 wider than light emitting element 10; hence nozzle 18 is wider than the light emitting element), above the light emitting element (Nakazato teaches disposing nozzle 18 over lead frame 40, with lead frame 40 being analogous to the light emitting element 10 of Hayashi) such that the end surface of the nozzle faces the upper surface of the light emitting element (Figs. 2-5 show the end surface of nozzle 18 facing the upper surface of lead frame 40) and an outer edge (left or right corner of 21) of the end surface of the nozzle is located outward relative to an outer edge (left or right corner the top horizontal surface of Hayashi’s light emitting element) of the upper surface of the light emitting element (since nozzle 18 is wider than the light emitting element, then the nozzle is located outward relative to an outer edge of the top surface of the light emitting element), and discharging the adhesive resin (34) toward the upper surface of the light emitting element from the nozzle (see Figs. 2B-2C, 3A, 4A, 5A; Hayashi et al in view of Nakazato teaches discharging the adhesive resin toward the upper surface of the light emitting element 10 of Hayashi). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Nakazato into the method of Hayashi et at to dispose a nozzle, with an opening larger than the length of the top surface of the light emitting element, over the light emitting element, and discharging the adhesive resin toward the upper surface of the light emitting element. The ordinary artisan would have been motivated to modify Hayashi et al in the manner set forth above for at least the purpose of using an apparatus widely known in the art for dispensing adhesive resins (Nakazato ¶ [0010]-[0013], ¶ [0024]) that has a shape that ensures sufficient amount of resin is supplied to affix the light transmissive member, analogous to the Nakazato’s semiconductor device 44, to the light emitting element, which is analogous to Nakazato’s lead frame 40; also Nakazato Fig. 2D and ¶ [0027]: “paste 34 is applied to a space wider than the area A where the semiconductor element is to be mounted”), with the ordinary artisan noting that Hayashi teaches supplying the adhesive resin onto the upper surface and the plurality of side surfaces of the light emitting element, such that the lower end of the adhesive resin at the corner of adjacent side surfaces are lower than the adhesive resin at the center of the side surfaces, see claim 1 rejection above, and for the further purpose of improving the reliability of the connection (Nakazato ¶ [0010]). Regarding claim 9, the method of manufacturing the light emitting device according to claim 8, wherein the nozzle has a discharge hole (26; Nakazato Fig. 1) and a plurality of grooves (30) in communication with the discharge hole, the discharge hole having an opening (see ¶ [0019]) in a center (center of Fig. 1F) of the end surface, and each of the grooves opens at the end surface and extending from the discharge hole to the outer edge of the end surface (see Figs. 1C-1F and [0022]), and the discharging of the adhesive resin includes discharging the adhesive resin from the discharge hole such that the adhesive resin is applied onto the upper surface of the light emitting element, and flows from the discharge hole along each of the grooves so as to be applied to the corner where the adjacent ones of the side surfaces of the light emitting element meet (see ¶ [0020]-[0023]; lead frame 40 is analogous to the light emitting element, see claim 8 rejection). Regarding claim 10, the method of manufacturing the light emitting device according to claim 9, wherein each of the grooves has a constant width (Fig. 1F: width of each 30) and a constant depth (Fig. 1C: depth of 30; also see ¶ [0022]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US 2018/0212128) in view of Maeda (US 2020/0279981) as applied to claim 1 above, and further in view of Ukawa (JP 2020-170818, see NPL for English translation). Regarding claim 7, Hayashi et al teaches the method of manufacturing the light emitting device according to claim 1, but does not teach the method further comprising before the applying of the adhesive resin, disposing the light emitting element on a wiring substrate, wherein the pressing of the adhesive resin includes pressing the adhesive resin with the light transmissive member so that the adhesive resin after being pressed in the pressing of the adhesive resin is spaced apart from the wiring substrate. Ukawa, in the same field of invention, teaches a method of manufacturing a light emitting device (see Title in English translation) comprising: before the applying of the adhesive resin (51, Fig. 3E), disposing the light emitting element (20, Fig. 3C) on a wiring substrate (80 & 10), wherein the pressing (¶ [0044]: “the adhesive member 51 is pressed by the wavelength conversion member 40 to form the light guide member 50”) of the adhesive resin includes pressing the adhesive resin with the light transmissive member (40) so that the adhesive resin after being pressed in the pressing of the adhesive resin is spaced apart from the wiring substrate (Fig. 3F shows adhesive resin 50 spaced apart from 80&10 due to recess 15 that is filled with joining member 30). A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Ukawa into the method of Hayashi et al to dispose the light emitting element on a wiring substrate before applying the adhesive resin, wherein the adhesive resin is spaced apart from the wiring substrate. The ordinary artisan would have been motivated to modify Hayashi et al in the manner set forth above for at least the purpose of using the wiring substrate as a means of electrically connecting the light emitting element to other components that comprises of an electronic device (see ¶ [0065]: camera, scanner, etc.) through the use of the electrodes (70) of the wiring substrate and for the further purpose of improving the light extraction efficiency of the device by adding recesses (15, see Abstract) in the substrate to prevent the joining member (30) from covering the light emitting member (Ukawa ¶ [0004], ¶ [0007]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YAP whose telephone number is (703)756-1946. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET. 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, Zandra Smith can be reached at (571) 272-2429. 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. /DOUGLAS YAP/Assistant Examiner, Art Unit 2899 /JOHN M PARKER/Examiner, Art Unit 2899
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Prosecution Timeline

Sep 11, 2023
Application Filed
Jan 13, 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
88%
Grant Probability
99%
With Interview (+12.2%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 49 resolved cases by this examiner. Grant probability derived from career allow rate.

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