Prosecution Insights
Last updated: April 19, 2026
Application No. 18/557,287

LIGHT EMITTING DEVICE, LIGHT FIXTURE AND STREET LIGHT

Non-Final OA §112
Filed
Oct 25, 2023
Examiner
GREEN, ANTHONY J
Art Unit
1731
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nichia Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1y 12m
To Grant
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
1365 granted / 1606 resolved
+20.0% vs TC avg
Moderate +13% lift
Without
With
+13.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
25 currently pending
Career history
1631
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
31.9%
-8.1% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
31.9%
-8.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1606 resolved cases

Office Action

§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. Response to Preliminary Amendment The preliminary amendment submitted on 25 October 2023 has been entered. After entry of the amendment, claims 14-33 are currently pending in the application. Claim Objections Claims 15, 18-19, and 22-23 are objected to because of the following informalities: The following formulae recited in the claims are not in agreement with the formulae recited in the specification as applicant has not used proper subscripts and superscripts: In claim 15, the term “ M12Si5N8:Eu ” should be – M¹₂Si₅N₈:Eu – and the term “M1” which appears below this formula should be – M 1 –. In claim 1 8, the term “ M12Si5N8:Eu ” should be – M¹₂Si₅N₈:Eu – and the term “M1” which appears below this formula should be – M 1 –. In claim 18, the term “ SrqCasAltSiuNv:Eu ” should be – Sr q Ca s Al t Si u N v :Eu –. In claim 18, the term “ Ac[M21-bMn4+bFd] ” should be – A c [M 2 1-b Mn 4+ b F d ] – and the term “M 2 ” which appears below the formula should be – M 2 –. In claim 18, the term “ [M21-bMn4+bFd] ” should be – [M 2 1-b Mn 4+ b F d ] – In claim 18, the term “ A'c'[M2'1-b'Mn4+b'Fd ’ ] ” should be – A' c' [M 2 1-b' Mn 4+ b' F d ’ ] – and the term “M2” which appears below the formula should be – M 2 –. In claim 18, the term “ [M2'1-b'Mn4+b'Fd ’ ] ” should be – [M 2 1-b' Mn 4+ b' F d’ ] – In claim 1 9 , the term “ SrqCasAltSiuNv:Eu ” should be – Sr q Ca s Al t Si u N v :Eu –. In claim 1 9, the term “ Ac[M21-bMn4+bFd] ” should be – A c [M 2 1-b Mn 4+ b F d ] – and the term “M 2 ” which appears below the formula should be – M 2 –. In claim 1 9 , the term “ [M21-bMn4+bFd] ” should be – [M 2 1-b Mn 4+ b F d ] – In claim 1 9 , the term “ A'c'[M2'1-b'Mn4+b'Fd ’ ] ” should be – A' c' [M 2 1-b' Mn 4+ b' F d’ ] – and the term “M2” which appears below the formula should be – M 2 –. In claim 1 9 , the term “ [M2'1-b'Mn4+b'Fd ’ ] ” should be – [M 2 1-b' Mn 4+ b' F d’ ] – In claim 22, the term “ Ln13(Al1-aGaa)5O12:Ce ” should be – Ln 1 3 (Al 1-a Ga a ) 5 O 12 :Ce – and the term “ L n 1” which appears below this formula should be – Ln 1 –. In claim 22, the term “ LawLn2xSi6Ny:Cez ” should be – La w Ln 2 x Si 6 N y :Ce z – and the term “Ln2” (three occurrences) which appears below this formula should be – Ln 2 –. In claim 23, the term “ Ln13(Al1-aGaa)5O12:Ce ” should be – Ln 1 3 (Al 1-a Ga a ) 5 O 12 :Ce – and the term “ Ln 1” which appears below this formula should be – Ln 1 –. In claim 2 3 , the term “ LawLn2xSi6Ny:Cez ” should be – La w Ln 2 x Si 6 N y :Ce z – and the term “Ln2” (three occurrences) which appears below this formula should be – Ln 2 –. A ppropriate correction is required. Claim Rejections - 35 USC § 112 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claims 14-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 14, in formula (1) it is unclear as to what the variable “dλ” represents in the formula as it has not been defined in the claim. Clarification is requested. In claim 15, in formula (1) it is unclear as to what the variable “dλ” represents in the formula as it has not been defined in the claim. Clarification is requested. In claim 22, the phrase “essentially includes” which appears after formula (2B) renders the claim vague and indefinite as it is unclear as to what is meant by this limitation. Clarification is requested. In claim 23, the phrase “essentially includes” which appears after formula (2B) renders the claim vague and indefinite as it is unclear as to what is meant by this limitation. Clarification is requested. Allowable Subject Matter Claims 14-33 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or fairly suggest a light emitting device comprising all of the limitations set forth in the independent claims. References Cited By The Examiner US Patent No. 12,543,417; 12,504,132 B2; 12,163,633; and 12, 163 ,632 teach light emission devices comprising some of the phosphors instantly claimed however they fail to teach or fairly suggest all of the claimed limitations recited in the instant claims. JP 2019-207995 A teaches a similar light emitting device having similar properties however it fails to teach or fairly suggest all of the claimed limitation recited in the instant claims. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ANTHONY J GREEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1367 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday from 6:30-5 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Amber R. Orlando can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3149 . 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. /ANTHONY J GREEN/ Primary Examiner, Art Unit 1731 ajg March 25, 2026
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Mar 25, 2026
Non-Final Rejection — §112 (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
85%
Grant Probability
98%
With Interview (+13.4%)
1y 12m
Median Time to Grant
Low
PTA Risk
Based on 1606 resolved cases by this examiner. Grant probability derived from career allow rate.

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