Prosecution Insights
Last updated: May 29, 2026
Application No. 18/548,126

LIGHT EMITTING DEVICE AND METHOD OF MANUFACTURING LIGHT EMITTING DEVICE

Non-Final OA §103
Filed
Aug 28, 2023
Priority
Mar 05, 2021 — JP 2021-035604 +1 more
Examiner
YEUNG LOPEZ, FEIFEI
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sony Semiconductor Solutions Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
865 granted / 1067 resolved
+13.1% vs TC avg
Minimal -3% lift
Without
With
+-2.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
31 currently pending
Career history
1111
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
85.0%
+45.0% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
4.4%
-35.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1067 resolved cases

Office Action

§103
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 Election/Restrictions Claims 19 and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 10, 2026. 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. Claim(s) 1,2,10,11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1) and Plossl (PG Pub 2020/0091372 A1). Regarding claim 1, Iguchi teaches a light emitting device, comprising: a light emitting body including a plurality of light emitting elements (105f, figs. 11 and 13) and an insulating body (60, paragraph [0075]) in which the plurality of light emitting elements is embedded except for a light emitting surface of the light emitting elements, the plurality of light emitting elements arranged in a row direction and a column direction (fig. 10, 11, and 13); and a substrate including a drive circuit (50d), a first terminal (51d), and a second terminal (51d) and joined to the light emitting body, the drive circuit driving the plurality of light emitting elements, the first terminal and the second terminal electrically coupling the drive circuit and the plurality of light emitting elements to each other. Iguchi does not teach the manufacturing features “the plurality of light emitting elements being formed from a singulated compound semiconductor layer.” Because claim 1 is device claim and the manufacturing features do not impart physical structure to the device claim, they do not carry patentable weight. “[E]ven though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by process claim is the same as or obvious from a process of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Nonetheless, in the same field of endeavor, Plossl teaches a plurality of light emitting elements (70) being formed from a singulated compound semiconductor layer (20), for the known benefit of achieving mass production to reduce cost and time of manufacturing. Regarding claim 2, Iguchi teaches the light emitting device according to claim 1, wherein the plurality of light emitting elements comprises a light-emitting diode (105f, legends, figs. 11 and 13) including a first compound semiconductor layer (11/13), a second compound semiconductor layer (13/11), and an active layer (12), the first compound semiconductor layer being disposed on a side of the light emitting surface the second compound semiconductor layer being disposed on a side of the substrate, the active layer being disposed between the first compound semiconductor layer and the second compound semiconductor layer. Regarding claim 10, Iguchi teaches the light emitting device according to claim 1, further comprising: a color conversion layer (32g, paragraph [0083], fig. 13) disposed on the light emitting surface for each of the plurality of light emitting elements; and a second light reflecting film (34Sg, paragraph [0100]) that is disposed around a side surface of the color conversion layer and reflects light emitted from the plurality of light emitting elements. Regarding claim 11, Iguchi teaches the light emitting device according to claim 10, wherein an optical lens (40, fig. 13) is disposed on the color conversion layer. Claim(s) 3,4,12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1) and Plossl (PG Pub 2020/0091372 A1) as applied to claim 2 above, and further in view of Ohmae et al (PG Pub 2019/0086035 A1). Regarding claim 3, the previous combination remains as applied in claim 2. The previous combination does not teach a first light reflecting film provided along a side surface of the first compound semiconductor layer, a side surface of the active layer, a side surface of the second compound semiconductor layer. In the same field of endeavor, Ohmae teach a first light reflecting film (9, fig. 2, paragraph [0082]) provided along a side surface of the first compound semiconductor layer, a side surface of the active layer, a side surface of the second compound semiconductor layer (3-5), and the first light reflecting film having a constant film thickness (paragraph [0082], fig. 2), for the known benefit of increasing light extraction. Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to provide a first light reflecting film along a side surface of the first compound semiconductor layer, a side surface of the active layer, a side surface of the second compound semiconductor layer, and the first light reflecting film having a constant film thickness, for the known benefit of increasing light extraction. The previous combination in view of Ohmae teaches the first light reflecting film to be provided along “a surface, on the side of the substrate, of the second compound semiconductor layer, the first light reflecting film reflecting light emitted from the plurality of light emitting elements.” Regarding claim 4, Ohmae teaches the light emitting device according to claim 3, wherein the first light reflecting film comprises a metal film (paragraph [0082]) or a metallic compound film that is formed by a chemical vapor deposition method or an atomic layer deposition method. Regarding claim 12, Iguchi does not teach a plug wiring having one end surface and another end surface in an extending direction, the one end surface penetrating the first light reflecting film. Ohmae teaches a plug wiring (7, fig. 2) having one end surface and another end surface in an extending direction, the one end surface penetrating the first light reflecting film (9) in a thickness direction and being electrically coupled to the surface, for the known benefit of providing electrical power to the light emitting element. Iguchi in view of Ohmae teaches “on the side of the substrate, of the second compound semiconductor layer, the other end surface being electrically coupled to the second terminal” for the known benefit of providing electrical power to the light emitting element. Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a plug wiring having one end surface and another end surface in an extending direction, the one end surface penetrating the first light reflecting film, on the side of the substrate, of the second compound semiconductor layer, the other end surface being electrically coupled to the second terminal, for the known benefit of providing electrical power to the light emitting element. Claim(s) 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1), Plossl (PG Pub 2020/0091372 A1), and Ohmae et al (PG Pub 2019/0086035 A1) as applied to claim 12 above, and further in view of Iguchi et al (PG Pub 2020/0176655 A1, hereafter Iguchi 655). Regarding claim 15, the previous combination remains as applied in claim 12. Iguchi further teaches a first light shielding film (51d, fig. 13, paragraph [0103]). The previous combination does not teach the relative positioning of the first light shielding film and the second terminal as in “a first light shielding film provided at an outer periphery between the first light reflecting film and the second terminal.” In the same field of endeavor, Iguchi 655 teaches a second terminal (51, fig. 1), for the benefit of interconnecting the drive circuit (50) to the light emitting body 14 to turn the light emitting body on/off. The previous combination in view of Iguchi 655 teaches the light emitting device according to claim 12, further comprising a first light shielding film (51d, fig. 13 of Iguchi) provided at an outer periphery between the first light reflecting film (9 of Ohmae) and the second terminal (in driving substrate 50d of Iguchi), the outer periphery intersecting with the extending direction of the plug wiring, the first light shielding film blocking leakage light from between the first light reflecting film and the plug wiring line toward the side of the substrate, for the benefit of interconnecting the drive circuit to the light emitting body to turn the light emitting body on/off. Regarding claim 16, Iguchi does not teach the light emitting device according to claim 15, wherein the first light shielding film is provided to include aluminum, copper, tungsten, or titanium. Iguchi teaches the first light shielding film to be highly reflective (paragraph [0103]). Ohmae teaches aluminum and copper to be reflective (paragraph [0082]). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the first light shielding film to include aluminum, copper, tungsten, or titanium, for the benefit of achieving light shielding effect. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1), Plossl (PG Pub 2020/0091372 A1), and Ohmae et al (PG Pub 2019/0086035 A1) as applied to claim 12 above, and further in view of Iguchi et al (PG Pub 2020/0176655 A1, hereafter Iguchi 655) and Lim et al (PG Pub 2016/0049426 A1). Regarding claim 13, the previous combination remains as applied in claim 12. The previous combination does not teach a first light absorbing film. In the same field of endeavor, Iguchi teaches a first light absorbing film (copper 51, paragraph [0144]; copper is absorptive, paragraph [0061] of Lim) provided at an outer periphery between the first light reflecting film (20W) and the second terminal (blow 51), the outer periphery intersecting with the extending direction of the plug wiring line (20p), for the benefit of interconnecting the drive circuit and the light emitting body to turn the light emitting body on/off. Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to provide a first light absorbing film at an outer periphery between the first light reflecting film and the second terminal, the outer periphery intersecting with the extending direction of the plug wiring line, for the benefit of interconnecting the drive circuit and the light emitting body to turn the light emitting body on/off The combined device can function as claimed: the first light absorbing film absorbing leakage light from between the first light reflecting film and the plug wiring line toward the side of the substrate. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1), Plossl (PG Pub 2020/0091372 A1), and Ohmae et al (PG Pub 2019/0086035 A1), Iguchi et al (PG Pub 2020/0176655 A1, hereafter Iguchi 655), and Lim et al (PG Pub 2016/0049426 A1) as applied to claim 13 above, and further in view of Kitou et al (PG Pub 2004/0018716 A1). Regarding claim 14, the previous combination remains as applied in claim 13. The previous combination does not teach the first light absorbing film includes titanium nitride, cobalt, nitrogen-doped titanium oxide, tantalum nitride, or amorphous carbon. Iguchi 655 teaches the light absorbing film to include copper (paragraph [0144]). In the same field of endeavor, Kitou teaches to include a titanium nitride or tantalum nitride barrier (6, paragraph [0068]) to copper metal (41). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to include a titanium nitride or tantalum nitride barrier to block copper from diffusion. The previous combination in view of Kitou teaches “the first light absorbing film includes titanium nitride, cobalt, nitrogen-doped titanium oxide, tantalum nitride, or amorphous carbon.” Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1), Plossl (PG Pub 2020/0091372 A1), and Ohmae et al (PG Pub 2019/0086035 A1) as applied to claim 12 above, and further in view of Lee (PG Pub 2021/0175279 A1) and Lim et al (PG Pub 2016/0049426 A1). Regarding claim 17, the previous combination remains as applied in claim 12. Iguchi further teaches the light emitting device according to claim 15, wherein the drive circuit includes a driving transistor (paragraph [0035]). The previous combination does not teach a second light shielding film and a second light absorbing film on a side of the plurality of light emitting elements with respect to the driving transistor. In the same field of endeavor, Lee teaches a second light shielding film (molybdenum layer DT_S, DT_D, fig. 17, paragraphs [0154][0159][0163]; molybdenum is absorptive, paragraph [0061] of Lim) and a second light absorbing film on a side of a plurality of light emitting element (500) with respect to the driving transistor (DT_G and ACT), for the benefit of interconnecting the drive circuit and the light emitting body to turn the light emitting body on/off. The modified device can function as claimed: the second light shielding film blocking leakage light from the plurality of light emitting elements toward the side of the substrate, the second light absorbing film absorbing the leakage light. Regarding claim 18, Iguchi teaches the light emitting device according to claim 17, wherein the second light shielding film is provided to include aluminum (multilayer of molybdenum and aluminum, paragraph [0154]), copper, tungsten, or titanium. Claim(s) 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iguchi et al (PG Pub 2021/0005583 A1) and Plossl (PG Pub 2020/0091372 A1) as applied to claim 1 above, and further in view of Manda et al (WO 2019/131134 A1), English translation is found in US PG Pub 2020/0321386 A1, and Ohmae et al (PG Pub 2019/0086035 A1). Regarding claim 5, the previous combination remains as applied in claim 1. Iguchi further teaches the light emitting device according to claim 1, further comprising: a transparent electrode (30, fig. 11, paragraph [0076]) disposed at the light emitting surface of the plurality of light emitting elements and provided integrally for the plurality of light emitting elements. The previous combination does not teach a reflection attenuating film disposed on and overlapping with at least the transparent electrode between the plurality of light emitting elements. In the same field of endeavor, Manda teaches a reflection attenuating film (61, fig. 13) disposed on and overlapping with at least the transparent electrode (45, paragraph [0139]) between the plurality of pixels (P), for the benefit of preventing light leakage between pixels (paragraph [0002]). Iguchi in view of Manda does not teach the reflection attenuating film having a reflectance at an interface between the reflection attenuating film and the transparent electrode that is lower than a reflectance of the transparent electrode at an interface between the transparent electrode and an insulating material. In the same field of endeavor, Ohmae teach a first light reflecting film (gold layer 9, fig. 2, paragraph [0082]) provided along a side surface of the first compound semiconductor layer, a side surface of the active layer, a side surface of the second compound semiconductor layer (3-5), for the known benefit of increasing light extraction. Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to provide a first light reflecting film along a side surface of the first compound semiconductor layer, a side surface of the active layer, a side surface of the second compound semiconductor layer, for the known benefit of increasing light extraction. The modified device in view of Ohmae teaches the reflection attenuating film (tungsten 61 in Manda, paragraph [0158]) having a reflectance at an interface between the reflection attenuating film and the transparent electrode that is lower than a reflectance of the transparent electrode at an interface (at regions, such as the left and right edges of device in fig. 2, where gold reflective layer 9 of Ohmae would have been between transparent conductive layer 30 in Iguchi and insulating layer 60) between the transparent electrode and an insulating material, since it is well known that gold (layer 9 in Ohmae) has higher reflectance than tungsten (61 in Manda). Regarding claim 6, Manda teaches wherein the reflection attenuating film has electrical conductivity (tungsten 61, paragraph [0158]), and is electrically coupled to the transparent electrode (45, fig. 13). Regarding claim 7, Manda teaches a portion of the reflection attenuating film is provided to penetrate (near 45B, fig. 13) the transparent electrode in a thickness direction. Regarding claim 8, Iguchi in view of Manda teaches the light emitting device according to claim 6, wherein the reflection attenuating film extends to a peripheral region of the pixels (P in fig. 13 of Manda; the light emitting body 14 in Iguchi), and the reflection attenuating film is, in the peripheral region, electrically coupled to the first terminal (48EB in fig. 13 of Manda) through a through wiring line (61V), the through wiring line penetrating the insulating body (47/48 of Manda; 60 of Iguchi) and including a conductive material same as that of the reflection attenuating film (61 and 61V are portions of the same element, fig. 13). Regarding claim 9, Manda teaches the reflection attenuating film includes a single layer film or a combined film that includes one or more materials selected from tungsten (paragraph [0158]), aluminum, titanium, tantalum, copper, and titanium nitride. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEIFEI YEUNG LOPEZ whose telephone number is (571)270-1882. The examiner can normally be reached M-F: 8am to 4pm 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, Dale Page can be reached at 571 270 7877. 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. /FEIFEI YEUNG LOPEZ/Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
May 08, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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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
81%
Grant Probability
78%
With Interview (-2.9%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1067 resolved cases by this examiner. Grant probability derived from career allowance rate.

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