Prosecution Insights
Last updated: August 17, 2026
Application No. 18/539,599

LIGHT-EMITTING DEVICE

Final Rejection §103
Filed
Dec 14, 2023
Priority
Dec 15, 2022 — JP 2022-199897
Examiner
WINTERS, SEAN AYERS
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
122 granted / 138 resolved
+20.4% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
55 currently pending
Career history
210
Total Applications
across all art units

Statute-Specific Performance

§103
59.4%
+19.4% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 138 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 . Response to Amendments 2. The Amendments filed April 28th, 2026 are noted. Applicant’s amendments to the Specification to overcome the objections set forth in the Non-Final Office Action mailed 02/18/2026 are noted. Applicant’s amendment(s) to the Specification have overcome the objection(s) to the Title previously set forth in the Non-Final Office Action mailed 02/18/2026, so the objection(s) to the Title has been withdrawn. Applicant’s amendments to the claims are noted. 3. Claims 1-15 remain pending in the application. 4. Claims 1-15 have been fully considered in examination. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi (U.S. PG Pub No US2019/0103526A1) (of record) in view of Takamatsu (U.S. PG Pub No US2019/0305177A1). Regarding claim 1, Miyoshi teaches a light-emitting device (100) fig. 3 [0028-0034] comprising: a light source (left 1) fig. 3 [0034] including a light-emitting element (LED) [0034, 0090], the light source (left 1) [0034, 0090] having a light-emitting surface (top of 1) fig. 3 [0034, 0090] on an upper surface (top of 1); a light-transmissive member (7) fig. 3 [0034] including a first surface (7s = top of 7) fig. 3 [0037] and a second surface (bottom of 7) fig. 3 [0034] located on an opposite side of the first surface (7s), the second surface (bottom of 7) of the light-transmissive member (7) facing the upper surface of the light source (top of 1); and a covering member (5) fig. 3 [0035] exposing the first surface (7s) fig. 3 [0037] of the light-transmissive member (7) and covering lateral surfaces (7d, 7c) fig. 3 [0037] of the light-transmissive member (7) and lateral surfaces (sidewalls) of the light source (left 1), wherein the lateral surfaces (sidewalls) of the light source (left 1) include a first lateral surface (right sidewall of left 1) continuous with the upper surface (adjoined by corner) and a second lateral surface (left sidewall of left 1) located on an opposite side of the first lateral surface (right sidewall of left 1), the lateral surfaces (sidewalls) of the light-transmissive member (7) include a first lateral surface (right sidewall of 7 = 7c) [0037] located on the same side as the first lateral surface (right sidewall of left 1) of the light source (left 1) and a second lateral surface (left sidewall of 7 = 7d) [0037] located on an opposite side of the first lateral surface (7c), and in a top view, a center of the upper surface of the light source (middle of left 1) is located closer (L1 away) to a side of the second lateral surface (7d) of the light-transmissive member (7) than a center (L2 away) of the first surface of the light-transmissive member (middle of 7) (L1<L2) (see annotated fig. 3 below), and a length from the first lateral surface (right sidewall) of the light source (left 1) to the first lateral surface (right sidewall of 1) of the light-transmissive member (7) is equal to or greater than 1/4 (must be greater than ½ because a second equally-sized unit 1 [0034] is within length of right sidewall of left 1 to 7d, and right sidewall of left 1 is disposed to the left of center of 7) of a length from the first lateral surface (7c) of the light-transmissive member (7) to the second lateral surface (7d) of the light-transmissive member (7). [AltContent: textbox (L1<L2)][AltContent: connector][AltContent: connector][AltContent: textbox (L2[img-media_image1.png])][AltContent: textbox (L1)][AltContent: arrow][AltContent: textbox (40[img-media_image1.png])][AltContent: textbox (L2[img-media_image1.png])][AltContent: textbox (L1)][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: oval][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: connector][AltContent: oval][AltContent: connector][AltContent: oval][AltContent: connector][AltContent: connector] PNG media_image2.png 468 873 media_image2.png Greyscale Annotated fig. 3 of Miyoshi However, Miyoshi does not explicitly disclose and in the top view [see fig. 2], the light source (1) is enclosed within an outer edge of the first surface (7s) of the light-transmissive member (7) (1 goes outside of 7s boundaries). Takamatsu teaches a light emitting device (101) figs. 1A-1B [0028] comprising and in the top view [see fig. 1B], the light source (10) fig. 1B [0028] is enclosed within an outer edge of the first surface (outer edge of 40) fig. 1B [0028] of the light-transmissive member (40) [0028] [see also fig. 1A view]. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light emitting device of Miyoshi such that multiple of the light emitting elements are reconfigured to be completely enclosed by the light transmissive member in a plan view [0028] in order to ensure that a maximal area of the underlying light emitting element light is exposed to the phosphor- and other light enhancement materials [0048-0049] of the light transmissive member [0048-0051], as taught by Takamatsu. Regarding claim 8, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. Miyoshi also teaches further comprising a light diffusion member (7 may further comprise light diffusing member [0093]) disposed on (supported by) the first surface (7s) fig. 3 [0037] of the light-transmissive member (7) fig. 3 [0037]. Regarding claim 9, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. Miyoshi also teaches further comprising: a wiring substrate (11 with 20) fig. 3 [0034] on which the light source (left 1) fig. 3 [0034] is disposed; and an electronic component (right 1) fig. 3 [0034] disposed on the wiring substrate (11 with 20) and spaced apart from the light source (left 1). Regarding claim 10, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. Miyoshi also teaches further comprising: a wiring substrate (11 with 20) fig. 3 [0034] on which the light source (left 1) fig. 3 [0034] is disposed; and a support member (10) fig. 3 [0034] (see fig. 4 for label) disposed on the (bottom of) wiring substrate (11 with 20) and supporting the light-transmissive member (7) fig. 3 [0034]. Regarding claim 11, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 9. Miyoshi also teaches further comprising a support member (40) fig. 3 [0034, 0098] (see annotated fig. 3 for label) disposed on the wiring substrate (11 with 20) fig. 3 [0034] and supporting the light-transmissive member (7) fig. 3 [0034]. Regarding claim 12, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 11. Miyoshi also teaches wherein the support member (40) fig. 3 [0034, 0089] covers the electronic component (right 1) fig. 3 [0034]. Regarding claim 13, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 12. Miyoshi also teaches wherein the support member (40) fig. 3 [0034, 0089] includes silicon resin or epoxy resin [0098]. Claims 2-7 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Miyoshi (U.S. PG Pub No US2019/0103526A1) (of record) modified by Takamatsu (U.S. PG Pub No US2019/0305177A1), as applied in claim 1 above, and further in view of Hussell (U.S. PG Pub No US2019/0371974A1) (of record). Regarding claim 2, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. However, Miyoshi does not explicitly disclose wherein the light source (left 1) fig. 3 [0034] includes a wavelength conversion member on the light-emitting element (1). Hussell teaches a light emitting device (100) fig. 1 [0065] wherein the light source (left 130) fig. 1 [0066] includes a wavelength conversion member (in 120) fig. 1 [0067] on the light-emitting element (left 130). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light emitting package of Miyoshi to include the wavelength conversion material of Hussell [0067] in order to enhance the degree of transmission of light of a desired color [0086-0088] so as to improve efficiency and emission profiles [0036], as taught by Hussell. Regarding claim 3, Miyoshi in view Takamatsu and Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 2. Miyoshi in view of Takamatsu and Hussell (with reference to Hussell) also teaches wherein the wavelength conversion member (in 120) fig. 1 [0067 Hussell] includes a first upper surface (local upper surface of 120 bordering 132) constituting the upper surface (132) fig. 1 [0066] of the light source (130), and a first lower surface (portions of 120 bordering sidewalls of 130) located on an opposite side (opposing sidewalls) of the first upper surface (132), the first lower surface (portions of 120 bordering sidewalls of 130) includes a recessed portion (local gap in 120 between lowermost surfaces of 120, hosting 130), and a part of the light-emitting element (130) is (partially) disposed in the recessed portion (local gap in 120 between lowermost surfaces of 120, hosting 130) (see fig. 1 of Hussell). Regarding claim 4, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. However, Miyoshi does not explicitly disclose wherein the second surface (bottom of 7) of the light-transmissive member (7) fig. 3 [0034] includes a groove between the first lateral surface (right sidewall of 7 = 7c) [0037] and the second lateral surface (left sidewall of 7 = 7d) [0037] of the light-transmissive member (7). Hussell teaches a light emitting device (600) fig. 12B [0089] wherein the second surface (bottom of 110) fig. 12B [0089] of the light-transmissive member (bottom of 110) fig. 12B [0089] includes a groove (groove in 110 = R, filled by 430, 460) fig. 12B [0089] between the first lateral surface (right sidewall of 110) [0037] and the second lateral surface (left sidewall of 7 = 7d) [0037] of the light-transmissive member (110). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light emitting package of Miyoshi to include the groove of Hussell in order to enable the placement of wavelength conversion material [0089] and light absorbing material [0089] in the groove [0067, 0089] that enhances the degree of transmission of light of a desired color [0086-0088] so as to improve efficiency and emission profiles [0036], as taught by Hussell. Regarding claim 5, Miyoshi in view of Takamatsu and Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 4. Miyoshi in view of Takamatsu and Hussell (with reference to Hussell) also teaches wherein the light source (right 442 with 430 light-modulator thereon) fig. 12B [0089] is disposed (laterally) between the (right sidewall of) groove (R) fig. 12B [0089] and the second lateral surface (left sidewall of 110) fig. 12B [0089] of the light-transmissive member (110) fig. 12B [0089] in (within) the top view. Regarding claim 6, Miyoshi in view of Takamatsu and Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 4. Miyoshi in view of Takamatsu and Hussell (with reference to Hussell) also teaches wherein the groove (R) fig. 12B [0089] divides the second surface (bottom) of the light-transmissive member (110) fig. 12B [0089] into two regions (left/right portions to the left/right of R) spaced apart from each other (by 460, 430 material of R) fig. 12B [0089]. Regarding claim 7, Miyoshi in view of Takamatsu teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 1. However, Miyoshi does not explicitly disclose further comprising a light absorbing member spaced apart from the light source (left 1) fig. 3 [0034] and disposed on the second (bottom) surface of the light-transmissive member (7) fig. 3 [0034]. Hussell teaches a light emitting device (100) fig. 1 [0065] further comprising a light absorbing member (460) fig. 12B [0089] spaced apart from the light source (comprising right 442) fig. 12B [0090] and disposed on the second (bottom) surface of the light-transmissive member (110) fig. 12B [0089]. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the light emitting package of Miyoshi to include the light-absorbing material of Hussell [0089] in order to block the transmission of undesired colors [0045, 0089] so as to enhance light transmission and contrast [0036, 0089, 0099], as taught by Hussell. Regarding claim 14, Miyoshi in view of Takamatsu and Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 5. Miyoshi in view of Takamatsu and Hussell (with reference to Hussell) also teaches further comprising a light absorbing member disposed on the second surface (bottom) of the light-transmissive member (110) fig. 12B [0089] between the groove (R) fig. 12B [0089] and the first lateral surface (right sidewall of 110) fig. 12B [0089] of the light-transmissive member (110) fig. 12B [0089] in (within) the top view. Regarding claim 15, Miyoshi in view of Takamatsu and Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 7. Miyoshi in view of Takamatsu and Hussell (with reference to Hussell) also teaches wherein the light absorbing member (460) fig. 12B [0089] partially overlaps the light source (comprising right 442) fig. 12B [0089-0090] in (within) the top view. Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Newly-added Ozeki (U.S. PG Pub No US2017/0248281A1), Tomonari (US-20170155022-A1 ), and Kasai (US-20190081202-A1) teach other examples of light transmitting members overlapping an entirety of underlying light emitting element. Tokunaga (US-20190165224-A1) (of record), Yamashita (US-20180341152-A1) (of record), Nakabayshi (US-20180226385-A1) (of record), and Hashimoto (US-20170294563-A1) (of record) teach other examples of display devices with light emitting elements with light-transmission modulating layers. 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 SEAN AYERS WINTERS whose telephone number is (571)270-3308. The examiner can normally be reached Monday - Friday 10:30 am - 7:00 pm (EST). 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, N. Drew Richards can be reached at (571) 272-1736. 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. /SEAN AYERS WINTERS/Examiner, Art Unit 2892 06/30/2026 /NORMAN D RICHARDS/Supervisory Patent Examiner, Art Unit 2892
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Feb 18, 2026
Non-Final Rejection mailed — §103
Apr 28, 2026
Response Filed
Jul 08, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+19.6%)
3y 3m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 138 resolved cases by this examiner. Grant probability derived from career allowance rate.

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