Prosecution Insights
Last updated: August 17, 2026
Application No. 18/613,110

LIGHT EMITTING DEVICE AND METHOD OF MANUFACTURING SAME

Non-Final OA §102§103§112
Filed
Mar 22, 2024
Priority
Mar 30, 2023 — JP 2023-055882 +1 more
Examiner
NEWTON, VALERIE N
Art Unit
Tech Center
Assignee
NICHIA Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
770 granted / 916 resolved
+24.1% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
29.2%
-10.8% vs TC avg
§112
6.5%
-33.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 916 resolved cases

Office Action

§102 §103 §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 . 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 applicant regards as his invention. Claims 12-15 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. Claims 12 and 14 recite the limitations “a plurality of bonding parts for connecting the plurality of the first elements to the wires” and “. . . a bonding strength of the plurality of first elements to the wiring substrate.” However there is no recitation of bonding the first elements to the bonding parts (only a connection of the first element to the wires via the bonding part) and therefore it is unclear the bonding strength value that applicant intends to encompass with these limitations making these claims indefinite. Claims 13 and 15 depend from this and therefore inherit their deficiencies. These claims have not been examined on the merits. Appropriate action is required. 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. Claim(s) 1, 3-9, and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20210202814 (Chen). Concerning claim 1, Chen discloses a method of manufacturing a light emitting device comprising (Figs. 3A-3E): preparing a plurality of first elements (210) and a wiring substrate (100), the plurality of first elements includes first bonding parts (220), the wiring substrate includes a plurality of second bonding parts (120); placing the plurality of first elements on the wiring substrate by bonding the first bonding parts and the second bonding parts under first bonding conditions (Fig. 3D and [0054]-[0060]); and bonding the first bonding parts and the second bonding parts under second bonding conditions ([0066]) by placing a buffer sheet (400) on the plurality of first elements and applying pressure on the plurality of first elements via the buffer sheet towards the wiring substrate (Fig. 3E and [0066]), the bonding conducted under the second bonding conditions being performed multiple times ([0074], note that the first and second bonding processes are disclosed at being performed at a range of time (first process 2-40 seconds and second process 5-60 seconds) or at discreet time segments (first process 2, 5, 10, 20, 30 or 40 seconds at a temperature range and second process 5, 10, 20, 30, 40, 50 or 60 seconds at a different temperature range). It is disclosed that there are discreet temperatures (Tm, T4, and T5) at which the second process is performed and the examiner is relying on those discreet temperature ranges (described as the second process) as a recitation of the second process being performed multiple times.) Continuing to claim 3, Chen discloses wherein the buffer sheet is a plastically deformable sheet, and in at least two instances of the bonding conducted under the second bonding conditions, a different buffer sheet or a different portion of the same buffer sheet is used ([0069], note that a portion of the buffer sheet is cured to form a polymer connection layer during portions of the second bonding step). Considering claim 4, Chen discloses wherein the buffer sheet is a flexibly deformable sheet, and in at least two instances of the bonding conducted under the second bonding conditions, the same buffer sheet is used ([0069], note that a portion of the buffer sheet is present before subsequent portions of the second bonding step of curing the sheet). Referring to claim 5, Chen discloses wherein a load of the applied pressure in the second bonding conditions is higher than a load of an applied pressure in the first bonding conditions ([0074]). Regarding claim 6, Chen discloses wherein a load of an applied pressure applied to the first bonding parts and the second bonding parts under the first bonding conditions is 10 MPa to 100 MPa, and a load of the applied pressure applied to the first bonding parts and the second bonding parts under the second bonding conditions is 10 MPa to 440 MPa ([0074]). Pertaining to claim 7, Chen discloses wherein a duration in which a load of the applied pressure is applied to the first bonding parts and the second bonding parts under the second bonding conditions is longer than a duration in which a load of an applied pressure is applied to the first bonding parts and the second bonding parts under the first bonding conditions ([0074]). As to claim 8, Chen discloses wherein a duration in which a load of an applied pressure is applied to the first bonding parts and the second bonding parts under the first bonding conditions is 0.1 seconds to 10 seconds, and a duration in which a load of the applied pressure is applied to the first bonding parts and the second bonding parts under the second bonding conditions is 1 minute to 10 minutes ([0074]). Concerning claim 9, Chen discloses wherein the temperature in the second bonding conditions is 100°C to 200°C ([0072] and [0028]-[0031]). Continuing to claim 11, Chen discloses wherein the first bonding parts and the second bonding parts include gold ([0058]). 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. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20210202814 (Chen) as applied to claim 1 above, and further in view of US 20200152827 (Chen et al, hereafter referred to as Chen’827). Considering claim 2, Chen discloses performing a first and second bonding step. Chen does not disclose further comprising, subsequent to placing the plurality of first elements on the wiring substrate and before conducting bonding under the second bonding conditions: evaluating the electrical properties of the plurality of first elements; removing any first element of the plurality of first elements that is determined to be unacceptable in the evaluation of the electrical properties from the wiring substrate by detaching the first bonding parts of the first element determined to be unacceptable from the second bonding parts; and placing a second element including third bonding parts in a region of the wiring substrate in which a removed first element used to be placed and bringing the third bonding parts into contact with the second bonding parts which used to be bonded to the first bonding parts of the removed first element, the third bonding parts being bonded to the second bonding parts which used to be bonded to the first bonding parts of the removed first element in the bonding under the second bonding conditions. However, Chen’827 discloses a method of manufacturing a light emitting device comprising (Fig. 9(1-5)): preparing a plurality of first elements (EU) and a wiring substrate (SB), the plurality of first elements includes first bonding parts (104), the wiring substrate includes a plurality of second bonding parts (102); placing the plurality of first elements on the wiring substrate (Fig. 9(2)) and then evaluating the electrical properties of the plurality of first elements ([0038]); removing any first element of the plurality of first elements that is determined to be unacceptable in the evaluation of the electrical properties from the wiring substrate by detaching the first bonding parts of the first element determined to be unacceptable from the second bonding parts (Fig. 9(3) and [0038]); and placing a second element (EUR) including third bonding parts in a region of the wiring substrate in which a removed first element used to be placed and bringing the third bonding parts into contact with the second bonding parts which used to be bonded to the first bonding parts of the removed first element (Fig. 9(4-5)), the third bonding parts being bonded to the second bonding parts which used to be bonded to the first bonding parts of the removed first element (Fig. 9(4-5) and [0038]).Chen’287 discloses that such processing step improves the repair technique of the light emitting elements, so as to increase the fabrication yield ([0002]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the process of Chen in view of Chen’287 to include the step of evaluating the electrical properties of the plurality of first elements; removing any first element of the plurality of first elements that is determined to be unacceptable in the evaluation of the electrical properties from the wiring substrate by detaching the first bonding parts of the first element determined to be unacceptable from the second bonding parts; and placing a second element including third bonding parts in a region of the wiring substrate in which a removed first element used to be placed and bringing the third bonding parts into contact with the second bonding parts which used to be bonded to the first bonding parts of the removed first element, the third bonding parts being bonded to the second bonding parts which used to be bonded to the first bonding parts of the removed first element in the bonding under the second bonding conditions in order to increase fabrication yield. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20210202814 (Chen) as applied to claim 1 above, and further in view of US 20210013367 (Wu et al). Referring to claim 10, Chen discloses forming micro-LED elements and bonding them onto a wiring substrate (Figs. 3A-3E). Chen does not explicitly disclose the configuration of the micro-LED elements and therefore does not disclose wherein each first element of the plurality of first elements includes a semiconductor member, first bonding parts disposed on a first face of the semiconductor member, and a wavelength conversion member disposed on a second face of the semiconductor member located opposite the first face. However, Wu discloses an analogous micro-LED structure in which the element includes a semiconductor member ([0088]), first bonding parts (14) disposed on a first face of the semiconductor member, and a wavelength conversion member (70, 71, and 72) disposed on a second face of the semiconductor member located opposite the first face ([0101] and Figs. 6a-A-6C). In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). See MPEP 2144.04 IV B. Therefore absent evidence that the claimed configuration of the first element is significant, it would have been obvious to one of ordinary skill in the art to use the configuration of the micro-LED element of Wu for the micro-LED element configuration of Chen. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200388736 discloses a method of making a micro-LED display that utilizes two bonding steps with differing bonding strengths ([0058]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5. 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, CHAD 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. /VALERIE N NEWTON/ Examiner, Art Unit 2897 07/24/26 /CHAD M DICKE/ Supervisory Patent Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Mar 22, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
90%
With Interview (+5.9%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 916 resolved cases by this examiner. Grant probability derived from career allowance rate.

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