Prosecution Insights
Last updated: April 19, 2026
Application No. 18/565,453

OPTOELECTRONIC LIGHTING DEVICE

Non-Final OA §103
Filed
Nov 29, 2023
Examiner
VU, VU A
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
AMS-OSRAM AG
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
2y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
1208 granted / 1309 resolved
+24.3% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
48 currently pending
Career history
1357
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
44.5%
+4.5% vs TC avg
§102
34.4%
-5.6% vs TC avg
§112
12.5%
-27.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1309 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1, 2, 4, 7, 21-22, 26, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Patent No. 8,911,160) in view of Licamele et al. (U.S. Patent Application Publication No. 2013/0102076). Regarding to claim 1, Seo teaches an optoelectronic lighting device comprising: an at least partially transparent base body with a first main surface, in particular curved surface, and a second main surface opposite the first main surface, wherein the second main surface does at least partially not extend parallel to the first main surface (Fig. 21, element 460, column 9, lines 14-16); a decorative layer arranged on the curved first mam surface, which substantially follows the curvature of the first main surface (Fig. 21, column 9, lines 14-16, the refraction layer on surface of base body 460); and an optoelectronic foil arranged on the second main surface, which comprises: a carrier substrate (Fig. 21, element 400, column 9, lines 24-25); at least one electrical line and a plurality of optoelectronic semiconductor components arranged on the carrier substrate (Fig. 21, elements 421-427; column 9, lines 24-27); and an at least partially transparent adhesive layer, which is arranged between the optoelectronic semiconductor components and the base body and which connects the optoelectronic foil to the second main surface (Fig. 21, element 450, column 9, line 18), wherein the optoelectronic semiconductor components are embedded in the adhesive layer (Fig. 21a). Seo does not explicitly disclose the carrier substrate is a flexible carrier substrate. Licamele discloses a carrier substrate is a flexible carrier substrate (Fig. 3, element 205, [0053], lines 6-8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo in view of Licamele to configure the carrier substrate to be a flexible carrier substrate in order to allow the foil to maintain performance under dynamic conditions, thus to increase reliability. PNG media_image1.png 628 1505 media_image1.png Greyscale Regarding to claim 2, Seo teaches a number of the plurality of optoelectronic semiconductor components are arranged in front of at least one transparent region of the base body as viewed in an emission direction of an optoelectronic semiconductor component (Fig. 21). Regarding to claim 4, Seo teaches the decorative layer comprises at least partial regions which are transparent (Fig. 21, refractive coating layer is transparent). Regarding to claim 7, Seo teaches a protective foil which covers a side of the optoelectronic foil opposite the base body (Fig. 21, the portion of encapsulant 450 on backside of the carrier substrate). Regarding to claim 21, Seo teaches the decorative layer is formed by a light-absorbing material and comprises recesses (Fig. 21, every material absorbing light at some level). Regarding to claim 22, Seo teaches the recesses of the decorative layer are filled with a transparent material; and/or wherein the recesses of the decorative layer are filled with a material which comprises light-scattering and/or light-converting particles; and/or wherein an optical element, in particular a lens, is arranged in at least one of the recesses; and/or wherein the decorative layer comprises a reflective layer which is formed adjacent to the base body (Fig. 21, the recesses of the decorative layer are filled with a transparent material, which is air). Regarding to claim 26, Seo teaches a light guide is formed in at least one of the base body and the adhesive layer (Fig. 21, the base body comprise lenses, which guides light). Regarding to claim 30, Seo teaches the optoelectronic foil is formed by at least two sub-foils, and a first sub-foil is arranged on a first partial region of the second main surface and a second sub-foil is arranged on a second partial region of the second main surface (Fig. 21). PNG media_image2.png 740 1600 media_image2.png Greyscale Regarding to claim 31, Seo teaches the optoelectronic semiconductor components are arranged in a matrix of rows and columns and can be individually controlled (Fig. 29a). Claims 5-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Patent No. 8,911,160) and Licamele et al. (U.S. Patent Application Publication No. 2013/0102076), as applied to claim 1 above, in view of Yu et al. (U.S. Patent No. 10,886,420). Regarding to claim 5, Seo is silent as to material of the adhesive layer. Yu discloses an adhesive layer comprises at least one of the following materials: PVB; EVA; Thermoplastic polymers; Silicone; Acrylic; and an epoxy (column 30, lines 57-59). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Seo in view of Yu to comprise PVB, EVA, Thermoplastic polymers, Silicone, Acrylic, or an epoxy in the adhesive layer in order to reduce manufacturing cost. Regarding to claim 6, Seo is silent as to material of the adhesive layer. Yu discloses an adhesive layer the adhesive layer is provided with light-absorbing particles (column 30, lines 65-66). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Seo in view of Yu to provide the adhesive layer with light-absorbing particles in order to eliminate unwanted wavelengths of light. Regarding to claim 8, Seo as modified does not disclose at least one of the base body, the decorative layer and the adhesive layer comprises light-scattering particles and/or light-converting particles. Yu discloses at least one of the base body, the decorative layer and the adhesive layer comprises light-scattering particles and/or light-converting particles (column 30, lines 65-66). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Seo in view of Yu to comprise light-scattering particles and/or light-converting particles in the base body, the decorative layer, or the adhesive layer in order to eliminate unwanted wavelengths of light. Claims 3 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Patent No. 8,911,160) and Licamele et al. (U.S. Patent Application Publication No. 2013/0102076), as applied to claim 1 above, in view of Tarsa et al. (U.S. Patent No. 7,804,147). Regarding to claim 3, Seo as modified does not disclose the second main surface also comprises a curvature in at least one spatial direction, and wherein in particular the optoelectronic foil substantially follows the curvature of the second main surface. Tarsa discloses a second main surface also comprises a curvature in at least one spatial direction, and wherein in particular the optoelectronic foil substantially follows the curvature of the second main surface (Fig. 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo in view of Tarsa to comprise a curvature in at least one spatial direction in the second main surface and the optoelectronic foil substantially follows the curvature of the second main surface in order to increase directional flexibility. Regarding to claim 10, Seo as modified does not disclose the adhesive layer comprises a layer sequence of a first sublayer and a functional sublayer. Tarsa discloses an adhesive layer comprises a layer sequence of a first sublayer and a functional sublayer (Fig. 10, stack 114/116). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo in view of Tarsa to comprise a layer sequence of a first sublayer and a functional sublayer in the adhesive layer in order to increase adhesion. Regarding to claim 11, Tarsa teaches the optoelectronic semiconductor components are encapsulated in the functional sublayer, or wherein the functional sublayer is arranged adjacent to the base body, or wherein the adhesive layer comprises a second sublayer and the functional sublayer is arranged between the first and the second sublayer, and/or wherein the functional sublayer comprises at least a first subregion m which light converting and/or light-scattering particles are arranged, and/or wherein the functional sublayer comprises at least a second subregion in which light absorbing particles are arranged (Fig. 10). Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (U.S. Patent No. 8,911,160) and Licamele et al. (U.S. Patent Application Publication No. 2013/0102076), as applied to claim 1 above, in view of Pickard et al. (U.S. Patent No. 9,587,790). Regarding to claim 16, Seo as modified does not disclose a reflector layer, which is arranged on a side of the carrier substrate opposite the base body. Pickard discloses a reflector layer arranged on a side of the carrier substrate opposite the base body (Fig. 2, element 220, column 17, lines 64-65). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Seo in view of Pickard to arrange reflector layer on a side of the carrier substrate opposite the base body in order to increase output light intensity. Regarding to claim 17, Pickard disclose the reflector layer is structured in such a way that it substantially only covers regions of the carrier substrate opposite the optoelectronic semiconductor components (Fig. 2). Regarding to claim 18, Seo teaches the structured reflector layer comprises light-absorbing regions (the reflector layer is not 100% reflective thus comprises light-absorbing region). Allowable Subject Matter Claims 19 and 27 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: Regarding to claim 19, the prior art fails to anticipate or render obvious the claimed limitations including “at least one of the base body and the adhesive layer comprises at least one cavity filled with air and/or at least one hollow space filled with air, wherein the at least one cavity and/or the at least one hollow space are designed and arranged in such a way that they form an optical element, in particular a lens, in the beam path of at least one optoelectronic semiconductor component” in combination with the limitations recited in claim 1 and the rest of limitations recited in claim 19. Regarding to claim 27, the prior art fails to anticipate or render obvious the claimed limitations including “at least one of the optoelectronic semiconductor components is formed as an edge-emitting semiconductor chip, and wherein the carrier substrate comprises a structured area such that light emitted by the edge-emitting semiconductor chip is directed towards the base body” in combination with the limitations recited in claim 1. Pertinent Art For the benefits of the Applicant, US-9657916-B2, US-8523389-B2, US-7284871-B2, US-7221864-B2, US-8847273-B2, US-8123867-B2, US-8378358-B2, US-20130154519-A1, US-20110031516-A1, and US-20130169144-A1, are cited on the record as being pertinent to significant disclosure through some but not all claimed features of the defined invention. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to VU A VU whose telephone number is (571)270-7467. The examiner can normally be reached M-F: 8:00AM - 5:00PM. 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, CHAD M DICKE can be reached at (571) 270-7996. 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. /VU A VU/Primary Examiner, Art Unit 2897
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Prosecution Timeline

Nov 29, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection — §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
92%
Grant Probability
99%
With Interview (+6.6%)
2y 0m
Median Time to Grant
Low
PTA Risk
Based on 1309 resolved cases by this examiner. Grant probability derived from career allow rate.

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