Prosecution Insights
Last updated: August 18, 2026
Application No. 18/466,070

LIGHT-EMITTING DEVICE

Final Rejection §102
Filed
Sep 13, 2023
Priority
Sep 29, 2022 — JP 2022-155817
Examiner
CHEN, YU
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
730 granted / 1074 resolved
At TC average
Strong +30% interview lift
Without
With
+29.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
86 currently pending
Career history
1181
Total Applications
across all art units

Statute-Specific Performance

§101
2.4%
-37.6% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1074 resolved cases

Office Action

§102
DETAILED ACTION This office action is in response to amendment filed 5/29/2026. Claims 1-18 are pending. Claims 7-18 have been withdrawn. Claim 1 has been amended. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kageyama US 2022/0102587 A1. PNG media_image1.png 529 866 media_image1.png Greyscale In re claim 1, Kageyama discloses (e.g. FIG. 1 & 7) a light-emitting device 30 (FIG. 7B) comprising: a light-emitting element 10,44 (¶ 84, FIG. 1) comprising: a semiconductor structure body 23 (¶ 45) comprising an n-side layer 21, a p-side layer 22, and an active layer 24 positioned between the n-side layer 21 and the p-side layer 22, the n-side layer 21 including an n-side exposed surface 21a exposed from the active layer 24 and the p-side layer 22 in a plan view, the semiconductor structure body 23 including a side surface (side surface of holes above 21a) connecting the n-side exposed surface 21a and an upper surface of the p-side layer 22, an insulating film 14 covering at least the side surface of the semiconductor structure body 23, the insulating film 14 including: a first opening 14a in which the n-side exposed surface 21a is exposed, and a second opening 14b positioned above the upper surface of the p-side layer 22, an n-side electrode 11 comprising: a first part (part of 11 above 22 outside the holes) positioned above the upper surface of the p-side layer 22 with the insulating film 14 interposed therebetween, a second part (part of 11 in holes above 21a) electrically connected with the n-side exposed surface 21a in the first opening and electrically connected with the first part (part of 11 above 22 outside the holes) located at the insulating film 14 covering the side surface of the semiconductor structure body 23, and a third opening (opening defined by electrode 11 surrounding 12, see FIG. 1D) in which a side surface (e.g. a top side surface) of the insulating film 14 covering the side surface of the semiconductor structure body 23 is exposed from the n-side electrode (see FIG. 1B, a portion of the top side surface the insulating film 14 along a right side surface of the hole above 21a is exposed by the opening of electrode 11), and a p-side electrode 12 electrically connected with the p-side layer 22 in the second opening 14b; and a light-reflective member 34 (¶ 91) contacting the side surface of the insulating film 14 in the third opening (34 covering and contacting all exposed surfaces of the light-emitting element including the exposed top side surface of insulating film 14 in the opening in electrode 11). In re claim 2, Kageyama discloses (e.g. FIG. 1B) further comprising: a light-reflective electrode 28 (¶ 63) located between the p-side electrode 12 and the upper surface of the p-side layer 22 and electrically connected with the p-side layer 22 and the p-side electrode 12. In re claim 3, Kageyama discloses (e.g. FIG. 1B, 1E & 1F) wherein: the light-reflective electrode 28 includes a fourth opening 28a in which the n-side exposed surface 21a is exposed, and a portion of an outer edge of the third opening (opening in electrode 11 surrounding 12, see FIG. 1A) is positioned further outward than an outer edge of the fourth opening 28a in a plan view (top/bottom edge of electrode 11 opening is further outward than any of the openings 28a as shown in FIG. 1A). In re claims 4-6, Kageyama discloses (e.g. FIGs. 1 & 5A-5D) wherein: the second part (part of electrode 11,511 in holes above 21a,521a) is positioned between the third opening (left side opening in electrode 511 surrounding left side electrode 512 shown in FIGs. 5A & 5C) and the p-side electrode (right side electrode 512 in FIGs. 5A & 5C) in a plan view. Response to Arguments Applicant's arguments filed 5/29/2026 have been fully considered but they are not persuasive. Applicant argues Kageyama does not teach “a side surface” of the insulating film 14 is exposed from the first electrode 11 and the light reflective member 34 does not contact the “side surface” of the insulating film 14 because the “side surface” is already covered by first electrode 11 (Remark, page 9). This is not persuasive. A “side surface” is broadly understood to mean any of the top side surface, bottom side surface, left side surface, or right side surface of an object. As such, the claimed “side surface” can be referring to a top side surface. Kageyama’s insulating film 14 has a top side surface is exposed by the opening in first electrode 11 that surrounds second electrode 12. A part of the top side surface of the insulating film is exposed through the opening in the first electrode 11. Furthermore, the light-reflective member 34 that is formed to cover and contact all exposed surfaces of the light-emitting element, including the exposed top side surface of insulating film 14 in the opening of the first electrode 11. 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 YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM 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, WILLIAM KRAIG can be reached on 5712728660. 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. /YU CHEN/Primary Examiner, Art Unit 2896 YU CHEN Examiner Art Unit 2896
Read full office action

Prosecution Timeline

Sep 13, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection mailed — §102
May 29, 2026
Response Filed
Jul 14, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
68%
Grant Probability
98%
With Interview (+29.7%)
2y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1074 resolved cases by this examiner. Grant probability derived from career allowance rate.

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