Prosecution Insights
Last updated: August 16, 2026
Application No. 18/529,961

LIGHT-EMITTING DEVICE AND DISPLAY DEVICE

Non-Final OA §103§112
Filed
Dec 05, 2023
Priority
Dec 08, 2022 — CN 202211569050.2
Examiner
MCDONALD, JASON ANDREW
Art Unit
2898
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Epistar Corporation
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
4 granted / 6 resolved
-1.3% vs TC avg
Strong +100% interview lift
Without
With
+100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
46 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§103
60.3%
+20.3% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 6 resolved cases

Office Action

§103 §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 . Election/Restrictions Applicant's election with traverse of Species A, Subspecies 1 in the reply filed on 15 May 2026 is acknowledged. The traversal is on the ground(s) that references applicable to the elected species would be applicable to the others as well. This is not found persuasive because the search requires focus on the targeted characteristics the applicant wishes to patent, and the various species contain diverging characteristics. The requirement is still deemed proper and is therefore made FINAL. Claims 10-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 15 May 2026. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. Claims 1-18 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. It appears language was changed throughout the claims in May, 2026, to replace the adjective “light-emitting” with “semiconductor”. However, the specification does not appear to support this broadening of the claims. For the purpose of examination, the originally filed and specification-supported description of “light-emitting” will be substituted back in for “semiconductor” throughout the claims. 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. Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. The term “modified trace units” is implied to be an effect on the lateral surfaces of the light-emitting elements as a result of laser focus inside the substrates (instant application [0039]). However, the term is not clarified in the specification. For the purpose of examination, the term will be considered as “involutions”. 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. Claims 1-9 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Andrews et al (US 20220199589 A1, hereinafter “Andrews”), in view of Yamada (US 20190198484 A1, hereinafter “Yamada”). Regarding Claim 1 - Andrews discloses a light-emitting device, comprising: a circuit carrier board (submount [0160] and Fig. 6F); and a first light-emitting element group, comprising a plurality of light-emitting elements on the circuit carrier board (100A-C [0161] and Fig. 6F); wherein each of the plurality of light-emitting elements comprises a substrate (86-1 to 86-3 [0161] and Fig. 6F); the substrate comprises a first surface (89 [0161] and Fig. 6F), a second surface opposite to the first surface and facing the circuit carrier board (2F in annotated Fig. 6F), first lateral surfaces that are paired and oppositely arranged (85-0 and 85-1 in annotated Fig. 6F), and second lateral surfaces that are paired and oppositely arranged (2LS in annotated Fig. 3A); each of the second lateral surfaces comprises an edge and connects the first surface by the edge (Corner Edge in annotated Figs. 6F and 3A); wherein the plurality of light-emitting elements is arranged on the circuit carrier board along a first direction (D1 in annotated Fig. 6F), and adjacent two of the plurality of light-emitting elements are provided with the second lateral surfaces that face each other (2LS in annotated Fig. 3A); the first direction is not parallel to the edge of one of the second lateral surfaces of one of the adjacent two of the plurality of light-emitting elements (D1 parallel to plane of Fig. 3, Corner Edge roughly perpendicular to Fig. 3A). Andrews fails to disclose the one of the adjacent two of the plurality of light-emitting elements satisfies a formula (1) described below: |Θ1 - 90°| > |Θ2 - 90°| (1) wherein the Θ1 is an included angle between one of the first lateral surfaces and the first surface of the one of the adjacent two of the plurality of light-emitting elements, and the Θ2 is an included angle between one of the second lateral surfaces and the first surface of the one of the adjacent two of the plurality of light-emitting elements. However, Yamada discloses the one of the adjacent two of the plurality of light-emitting elements satisfies a formula (1) described below: |Θ1 - 90°| > |Θ2 - 90°| (1) wherein the Θ1 is an included angle between one of the first lateral surfaces and the first surface of the one of the adjacent two of the plurality of light-emitting elements (First lateral surfaces 21a are inclined relative to lower surface 21c, Yamada [0041] and Fig. 1C), and the Θ2 is an included angle between one of the second lateral surfaces and the first surface of the one of the adjacent two of the plurality of light-emitting elements (Second lateral surfaces 21b are perpendicular to lower surface 21c [0021] and Fig. 1C). Yamada discloses an analogous light-emitting element array to Andrews. Yamada teaches opposite lateral sides of a light-emitting device on a sapphire substrate will be oriented at different angles depending upon the plane they are cleaved along (Yamada [0022]), with one pair of sides less perpendicular to the top and bottom surfaces than the other (Yamada [0041-0042]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that opposite lateral sides of a light-emitting device on a sapphire substrate will be oriented at different angles depending upon the plane they are cleaved along, with one pair of sides less perpendicular to the top and bottom surfaces than the other. PNG media_image1.png 319 590 media_image1.png Greyscale PNG media_image2.png 433 480 media_image2.png Greyscale PNG media_image3.png 262 682 media_image3.png Greyscale Regarding Claim 2 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses a material of the substrate comprises sapphire (Andrews [0122]), each of the first lateral surfaces comprises a r-plane surface of the sapphire (R-plane can be used, Yamada [0041]), and each of the second lateral surfaces comprises an a-plane surface of the sapphire (A-plane can be used, Yamada [0041]). Regarding Claim 3 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses a first pitch between the second lateral surfaces that face each other, and the first pitch is ranged between 10 um and 50 um (Spacing 10-60 um, Andrews [0142]). Regarding Claim 4 - Andrews modified by Yamada discloses all the limitations of claim 3. The combination of Andrews and Yamada further discloses a second light-emitting element group (2nd Group, annotated Andrews Fig. 5), which comprises a plurality of light-emitting elements on the circuit carrier board (a simple duplication of parts from Andrews Fig. 6F. See MPEP 2144.04(VI)(B)), the plurality of light-emitting elements within the first light-emitting element group and the plurality of light-emitting elements within the second light-emitting element group are both arranged along the first direction (D1 in annotated Fig. 6F). The combination of Andrews and Yamada fails to disclose a first shortest pitch is defined between one of the plurality of light-emitting elements of the first light-emitting element group and one of the plurality of light-emitting elements of the second light-emitting element group, and the first shortest pitch is greater than the first pitch. However, the combination of Andrews and Yamada discloses a pitch between light-emitting elements is 10-60 um (Spacing 10-60 um, Andrews [0142]). The exact values of pitch are a matter of routine optimization. See MPEP 2144.05(II). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the first shortest pitch might be greater than the first pitch based on routine optimization. PNG media_image4.png 725 602 media_image4.png Greyscale Regarding Claim 5 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses the substrate has a thickness which is not less than 40 um and not greater than 100 um, and/or the substrate has a diagonal not greater than 300 um (Thickness no more than 100 um e.g., Andrews [0161]). Regarding Claim 6 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses each of the plurality of light-emitting elements comprises a semiconductor stack formed on the second surface and an electrode electrically connected to the semiconductor stack (82, Andrews [0153] and Fig. 6F), the light-emitting device further comprises a plurality of electrode pads on the carrier board and a plurality of electric conducting connection layers (96, 98, Andrews [0160] and Fig. 6F), wherein each of the plurality of electric conducting connection layers connects the electrode of each of the plurality of light-emitting elements and each of the plurality of electrode pads (90 and 92 on 96 and 98, Andrews [0160] and Fig. 6F). Regarding Claim 7 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses each of the adjacent two of the plurality of light-emitting elements comprises one or multiple involutions at one of the first lateral surfaces and one of the second lateral surfaces (Andrews [0182] and Fig. 13), the one or multiple involutions comprise a first quantity greater at the one of the first lateral surfaces than a second quantity of the involutions at the one of the second lateral surfaces (A longer side of a rectangular die will have more involutions along its length than the shorter side, as the example of Andrews Fig. 13 is expanded). PNG media_image5.png 520 476 media_image5.png Greyscale Regarding Claim 8 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses the included angle Θ2 is between eighty-five degrees and ninety-five degrees (Second lateral surfaces 21b are perpendicular to lower surface 21c, implying at or close to 90°, Yamada [0021] and Fig. 1C). Regarding Claim 9 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses the plurality of light-emitting elements comprises a first light-emitting element and a second light-emitting element that are arranged on the circuit carrier board along the first direction, and wherein the first light-emitting device further comprises a third light-emitting element on the carrier board (100c, Andrews [0161] and Fig. 6F, the third light-emitting element comprises a substrate comprising a third surface (3rd, annotated Andrews Fig. 6F), a fourth surface opposite to the third surface and facing the circuit carrier board (4th, annotated Andrews Fig. 6F), third lateral surfaces that are paired and oppositely arranged, and fourth lateral surfaces that are paired and oppositely arranged (3LS and 4LS in annotated Andrews Fig. 3A). Regarding Claim 17 - Andrews modified by Yamada discloses all the limitations of claim 9. The combination of Andrews and Yamada further discloses the first light-emitting element generates light with a first wavelength, the second light-emitting element generates light with a second wavelength and the third light-emitting element generate light with a third wavelengths, wherein the third wavelength is greater than the first wavelength and/or the second wavelength (RGB displays with red, green, and blue LEDs, with red color commonly known to have longer wavelength, Andrews [0007]). Regarding Claim 18 - Andrews modified by Yamada discloses all the limitations of claim 1. The combination of Andrews and Yamada further discloses a display device, comprising a plurality of pixels, wherein the plurality of pixels each comprise the light-emitting device claimed in claim 1 (Andrews [0005-0008]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON MCDONALD whose telephone number is (571) 272-5944. The examiner can normally be reached M-F 8a-6p Eastern, alternating Fridays out of office. 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, Julio Maldonado can be reached at (571) 272-1864. 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. /JASON MCDONALD/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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Prosecution Timeline

Dec 05, 2023
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12697688
SEMICONDUCTOR DEVICE MANUFACTURING DEVICE AND MANUFACTURING METHOD
3y 5m to grant Granted Aug 04, 2026
Patent 12666616
SEMICONDUCTOR MEMORY DEVICE AND METHOD OF MANUFACTURING THE SAME
3y 5m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
99%
With Interview (+100.0%)
3y 6m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 6 resolved cases by this examiner. Grant probability derived from career allowance rate.

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