Prosecution Insights
Last updated: July 17, 2026
Application No. 18/533,122

LIGHT-EMITTING ELEMENT AND LIGHT-EMITTING DEVICE

Non-Final OA §102§103
Filed
Dec 07, 2023
Priority
Dec 28, 2022 — CN 202211693520.6
Examiner
LEE, EUGENE
Art Unit
2815
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tianjin Sanan Optoelectronics Co., Ltd.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
742 granted / 907 resolved
+13.8% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
43 currently pending
Career history
944
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
73.6%
+33.6% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
2.6%
-37.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 907 resolved cases

Office Action

§102 §103
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of Species I (claims 1-13) in the reply filed on 3/30/26 is acknowledged. Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/30/26. 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. Claim(s) 1 thru 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al. US 2021/0091265 A1. Guo discloses (see, for example, FIG. 8) a light-emitting element comprising an epitaxial layer 110’ at least comprising a first conductivity type semiconductor layer 110a, an active layer 110b’, second conductivity type semiconductor layer 110c’ in sequence, wherein the epitaxial layer 110’ is formed with a first mesa M, and the first mesa M exposed the first conductivity type semiconductor layer 110a; an insulating layer 140’ formed on the epitaxial layer 110’ and having a through hole C, and an electrode structure comprising a first electrode 150/160a/170a connected to the first conductivity type semiconductor layer 110a, second electrode 120’/160b/170b connected to the second conductivity type semiconductor layer 110c’, wherein the electrode structure comprises a wiring portion 170a and at least one connecting portion 160a, the wiring portion 170a is located above the insulating layer 140’, and the at least one connecting portion 160a is located at an edge of the wiring portion 170a, penetrates through the through hole C of the insulating layer 140’, and extends towards the epitaxial layer 110’. Regarding claim 2, see, for example, FIG. 8 wherein Guo discloses a horizontal projected area of the wiring portion 170a on the epitaxial layer 110’ being greater than a horizontal projected area of the at least one connecting portion 160a on the epitaxial layer 110’. Regarding claim 3, see, for example, FIG. 8 wherein Guo discloses a horizontal projection (i.e. right side or the left side of the wiring portion 170a) of the wiring portion 170a on the epitaxial layer 110’ does not overlap a horizontal projection of the at least one connecting portion 160a on the epitaxial layer. 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. Claim(s) 1, 2, 4, 5, 7, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 109216515 A in view of Yang et al. US 2022/0102581 A1. CN 109216515 A discloses (see, for example, figure 20) a light-emitting element comprising a layer 21/22/23, at least comprising a first conductivity type semiconductor layer 21, an active layer 22, second conductivity type semiconductor layer 23 in sequence, wherein the layer is formed with a first mesa, and the first mesa exposes the first conductivity type semiconductor layer 21; an insulating layer 60 formed on the layer 21/22/23 and having a through hole 200, and an electrode structure comprising a first electrode 52/54 connected to the first conductivity type semiconductor layer 21, second electrode 53/51 connected to the second conductivity type semiconductor layer 23, wherein the electrode structure comprises a wiring portion 53 and at least one connecting portion 51, the wiring portion 53 is located above the insulating layer 60, and the at least one connecting portion 51 is located at an edge of the wiring portion 53, penetrates through the through hole 200 of the insulating layer 60, and extends towards the layer 21/22/23. CN 109216515 A does not specifically disclose the layer 21/22/23 being an epitaxial layer. However, Yang discloses (see, for example, FIG. 8) a light-emitting element comprising an epitaxial layer 101 wherein the epitaxial layer 101 comprises a first conductivity type semiconductor 104, active layer 103, and second conductivity type layer 102. In paragraph [0028], Yang discloses the epitaxial layer 101 being epitaxial. It would have been obvious to one of ordinary skill in the art, at a time prior to the effective filing date, to have an epitaxial layer in order to have semiconductor layers with high-quality crystallinity and minimal defects, thereby improving light extraction efficiency and performance of the light-emitting element. Regarding claim 2, see, for example, figure 20 wherein CN 109216515 A discloses a horizontal projected area of the wiring portion 53 on the epitaxial layer being greater than a horizontal projected area (i.e. middle portion) of the at least one connecting portion 200. Regarding claim 4, CN 109216515 A does not clearly disclose the insulating layer being an insulating reflective layer, and the insulating reflective layer being a single-layer structure or a multi-layer structure formed by two layers of materials being repeatedly stacked. However, Yang discloses (see, for example, paragraph [0066]) an insulating layer 109 being made of silicon oxide, etc. which is an insulating reflective layer. It would have been obvious to one of ordinary skill in the art, at a time prior to the effective filing date, to have the insulating layer being an insulating reflective layer, and the insulating reflective layer being a single-layer structure or a multi-layer structure formed by two layers of materials being repeatedly stacked in order to protect the light-emitting element and have high light transmittance. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 5, CN 109216515 A in view of Yang does not specifically disclose a horizontal projected area of each electrode structure on the epitaxial layer accounts for 1% to 30% of a horizontal projected area of the epitaxial layer; however, it would have been obvious to one of ordinary skill in the art, at a time prior to the effective filing date, to have a horizontal projected area of each electrode structure on the epitaxial layer accounts for 1% to 30% of a horizontal projected area of the epitaxial layer in order to prevent light blocking and high current density, and since it has been held that discovering an optimum value of a result effective value involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 7, CN 109216515 A in view of Yang does not specifically disclose a width of the wiring portion of the electrode structure being between 50 um and 100 um, a width of the at least one connecting portion is less than the width of the wiring portion, a width of the through hole of the insulating layer being 4 um to 20 um, and the width of the at least one connecting portion being 2 um to 10 um larger than the width of the through hole of the insulating layer; however, it would have been obvious to one of ordinary skill in the art to have a width of the wiring portion of the electrode structure being between 50 pm and 100 um, a width of the at least one connecting portion being less than the width of the wiring portion, a width of the through hole of the insulating layer being 4 um to 20 um, and the width of the at least one connecting portion being 2 um to 10 um larger than the width of the through hole of the insulating layer, at a time prior to the effective filing date, in order to form an electrode that is capable of handling large currents while minimizing internal resistance and stabilizing the connecting portion within the through hole, and since it has been held that discovering an optimum value of a result effective value involves only routine skill in the art. In re Boesch, 617 F. 2d 272, 205 USPQ 215 (CCPA 1980). Regarding claim 8, CN 109216515 A does not disclose a projection of the wiring portion on the epitaxial layer being circular, a projection of the at least one connecting portion of the second electrode on the epitaxial layer being arc-shaped, and the at least one connecting portion of the second electrode being located at the edge of the wiring portion. However, Yang discloses (see, for example, FIG. 12) a light-emitting device comprising a wiring portion 107 being circular, a projection of the at least one connecting portion of the second electrode 1072 being arc-shaped, and the at least one connecting portion of the second electrode being located at the edge of the wiring portion. It would have been obvious to one of ordinary skill in the art, at a time prior to the effective filing date, to have a projection of the wiring portion on the epitaxial layer being circular, a projection of the at least one connecting portion of the second electrode on the epitaxial layer being arc-shaped, and the at least one connecting portion of the second electrode being located at the edge of the wiring portion in order to prevent burnout caused by charge concentration, and improve current spreading. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 109216515 A in view of Yang et al. US 2022/0102581 A1 as applied to claims 1, 2, 4, 5, 7, and 8 above, and further in view of Wu et al. US 2023/0170439 A1. CN 109216515 A in view of Yang et al. US 2022/0102581 A1 does not disclose a bonding layer and a substrate, wherein the bonding layer is formed between the substrate and the epitaxial layer for bonding the epitaxial layer to the substrate, and the substrate is a transparent substrate. However, Wu discloses (see, for example, FIG. 1, and paragraph [0024]) a light-emitting element 20 comprising a bonding layer 60, and a transparent substrate. It would have been obvious to one of ordinary skill in the art, at a time prior to the effective filing date, to have a bonding layer and a substrate, wherein the bonding layer is formed between the substrate and the epitaxial layer for bonding the epitaxial layer to the substrate, and the substrate is a transparent substrate in order to support the epitaxial layer, and let light transmit outside the light-emitting element. Allowable Subject Matter Claims 9 thru 13 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. The following is a statement of reasons for the indication of allowable subject matter: The references of record, either singularly or in combination, do not teach or suggest at least wherein current spreading layers connected to the at least one connecting portion are also formed above the epitaxial layer, the current spreading layers are linearly distributed above the epitaxial layer, and a horizontal projection of each of the current spreading layers on the epitaxial layer does not overlap a horizontal projection of the wiring portion on the epitaxial layer. The closest prior art CN 109216515 A teaches a current spreading layer, but does not teach “a horizontal projection of each of the current spreading layers on the epitaxial layer does not overlap a horizontal projection of the wiring portion on the epitaxial layer.” INFORMATION ON HOW TO CONTACT THE USPTO Any inquiry concerning this communication or earlier communications from the examiner should be directed to EUGENE LEE whose telephone number is (571)272-1733. The examiner can normally be reached M-F 730-330 PM. 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, JOSHUA BENITEZ can be reached at 571-270-1435. 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. Eugene Lee April 6, 2026 /EUGENE LEE/Primary Examiner, Art Unit 2815
Read full office action

Prosecution Timeline

Dec 07, 2023
Application Filed
Apr 14, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
87%
With Interview (+5.4%)
2y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 907 resolved cases by this examiner. Grant probability derived from career allowance rate.

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