Prosecution Insights
Last updated: April 19, 2026
Application No. 18/539,599

LIGHT-EMITTING DEVICE

Non-Final OA §102§103
Filed
Dec 14, 2023
Examiner
WINTERS, SEAN AYERS
Art Unit
2892
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
97 granted / 112 resolved
+18.6% vs TC avg
Strong +25% interview lift
Without
With
+24.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
80 currently pending
Career history
192
Total Applications
across all art units

Statute-Specific Performance

§103
58.8%
+18.8% vs TC avg
§102
30.6%
-9.4% vs TC avg
§112
9.4%
-30.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 112 resolved cases

Office Action

§102 §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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 12/14/2023, 02/11/2025, and 05/20/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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. Claims 1 and 8-13 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyoshi (U.S. PG Pub No US2019/0103526A1). 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-[AltContent: connector][AltContent: textbox (L1)]transmissive member (7). [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: textbox (L2[img-media_image1.png])][AltContent: connector][AltContent: textbox (L1<L2)][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 Regarding claim 8, Miyoshi 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 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 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 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 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 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]. 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 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), as applied in claim 1 above, in view of Hussell (U.S. PG Pub No US2019/0371974A1). Regarding claim 2, Miyoshi 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 of Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 2. Miyoshi in view of 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 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 Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 4. Miyoshi in view of 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 Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 4. Miyoshi in view of 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 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 Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 5. Miyoshi in view of 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 Hussell teaches the light-emitting device (100) fig. 3 [0028-0034] of claim 7. Miyoshi in view of 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tokunaga (US-20190165224-A1), Yamashita (US-20180341152-A1), Nakabayshi (US-20180226385-A1), and Hashimoto (US-20170294563-A1) teach other examples of display devices with light emitting elements with light-transmission modulating layers. 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 02/07/2026 /NORMAN D RICHARDS/Supervisory Patent Examiner, Art Unit 2892
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Feb 08, 2026
Non-Final Rejection — §102, §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
87%
Grant Probability
99%
With Interview (+24.7%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 112 resolved cases by this examiner. Grant probability derived from career allow rate.

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