Prosecution Insights
Last updated: October 02, 2026
Application No. 18/653,508

SEMICONDUCTOR LIGHT-EMITTING ELEMENT, LIGHT-EMITTING MODULE, AND METHOD FOR MANUFACTURING LIGHT-EMITTING MODULE

Non-Final OA §103
Filed
May 02, 2024
Priority
Nov 10, 2021 — JP 2021-183532 +1 more
Examiner
NGUYEN, DUY T V
Art Unit
Tech Center
Assignee
Nuvoton Technology Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
853 granted / 1081 resolved
+18.9% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
53 currently pending
Career history
1130
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1081 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 . Response to Election/Restrictions 1. Applicant’s election of Group I, claims 1-11 in the reply filed on 7/9/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 1-11 & 15-21 are pending in this application. Claims 12-14 are cancelled. Claims 15-21 are new. During an interview with Mr. Michael Fogarty (Reg. no. 36,139) on 7/30/2026, Group Ia, claims 7-11 further elected without traverse. Claims 7-11 & 15-21 are being examined in this Office Action. Specification 1. 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. Appropriate correction is required. 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. 3. Claims 7, 8, 10, 11, 15, 16 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kouno et al. (US 2021/0281038) in view of Oshika et al. (US 2009/0207580). Re claim 7, Kouno teaches, under BRI, Fig. 11D, abstract, [0101, 0102, 0108, 0225, 0231, 0238, 0248, 0253, 0257], a light-emitting module comprising: -a semiconductor element (30); and -a base (13) to which the semiconductor element (30) is joined, wherein the semiconductor element (30) includes: a semiconductor stack (30); a contact electrode (25A) disposed between the semiconductor stack (of 7) and the base (12); a joining layer (12, 15, 523A or joining material such as AgSn solder, [0231, 0257]) disposed between the contact electrode (25A) and the base (13), and containing AuSn (e.g., a joining material such as AuSn solder is used as solder layer 12, [0257]); and an insulating layer (521) disposed between the semiconductor stack (30) and the joining layer (12, 15, 523A). the joining layer (12, 15, 523A) includes an outer joining region (right left region) disposed in a position facing the insulating layer (521). PNG media_image1.png 530 583 media_image1.png Greyscale Kouno does not explicitly teach a semiconductor light-emitting element; and an average Sn content in a center in a thickness direction of the outer joining region is lower than an average Sn content in both end portions in the thickness direction of the outer joining region. Oshika teaches, Table 2, [0171, 0192], a s a semiconductor light-emitting element (7, [0171]); and an average Sn content (e.g., 30%) in a center in a thickness direction of the outer joining region (of 13) is lower than an average Sn content in both end portions (93.7%) in the thickness direction of the outer joining region (of 13) (e.g. The solder layers 13A and 13B in Example 4 had an atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0, respectively). As taught by Oshika, one of ordinary skill in the art would utilize & modify the above teaching into Kouno to obtain light emitting diode and an average Sn content in a center & both end portions of the outer joining region as claimed, because it recognized that Sn content is known to affect device properties and would depend on the desired device density and the desired device characteristics, and it aids in improving the solder’s meltability, and improving performance and service life of the formed device. Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Oshika in combination Kouno due to above reason. Re claim 8, in combination cited above, Kouno teaches wherein the joining layer (12, 15, 523A) includes an inner joining region disposed in a position facing the contact electrode (25A), and Oshika teaches within the inner joining region (of 13), an average Sn content of a region closer to the contact electrode (14) than to a center in a thickness direction of the inner joining layer (13) is lower than an average Sn content of a region farther from the contact electrode (14) than to the center (based on “The solder layers 13A and 13B in Example 4 had an atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0, respectively”, Table 2, [0192]). Re claim 10, in combination cited above, Oshika teaches wherein the inner joining region (of 13) includes a first transition region in which an average Sn content gradually increases with an increase in distance from the contact electrode (14) (based on solder layers 13A and 13B have atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0, Table 2, [0192]). Re claim 11, in combination cited above, Oshika teaches wherein the outer joining region includes a second transition region in which an average Sn content gradually changes with an increase in distance from the insulating layer (based on solder layers 13A and 13B have atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0, Table 2, [0192]). Re claim 15, Kouno teaches, under BRI, Fig. 11D, abstract, [0101, 0102, 0108, 0225, 0231, 0238, 0248, 0253, 0257], a light-emitting module comprising: -a semiconductor element (30); and -a base (13) to which the semiconductor element (30) is joined, wherein the semiconductor element (30) includes: a semiconductor stack (30); a contact electrode (25A) disposed between the semiconductor stack (of 7) and the base (12); a joining layer (12, 15, 523A or joining material such as AgSn solder, [0231, 0257]) disposed between the contact electrode (25A) and the base (13), and containing AuSn (e.g., a joining material such as AuSn solder is used as solder layer 12, [0257]); and an insulating layer (521) disposed between the semiconductor stack (30) and the joining layer (12, 15, 523A). the joining layer (12, 15, 523A) includes: a first joining region (middle region) disposed in a position facing the contact electrode (25A); and a second joining region (left or right region) disposed in a position facing the insulating layer (521). PNG media_image1.png 530 583 media_image1.png Greyscale Kouno does not explicitly teach a semiconductor light-emitting element; and an average Sn content in a center in a thickness direction of the second joining region is lower than an average Sn content in an end portion on a side closer to the base in the thickness direction of the second joining region, and the first joining region includes a first transition region in which an average Sn content gradually increases with an increase in distance from the contact electrode. Oshida teaches, Table 2, [0171, 0178, 0192], a semiconductor light-emitting element (7); and an average Sn content in a center in a thickness direction of the second joining region (of 13B) is lower than an average Sn content in an end portion on a side (of 13A) closer to the base (12) in the thickness direction of the second joining region (of 13B), and the first joining region (of 13A) includes a first transition region in which an average Sn content gradually increases with an increase in distance from the contact electrode (15) (e.g. The solder layers 13A and 13B in Example 4 had an atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0, respectively). As taught by Oshika, one of ordinary skill in the art would utilize & modify the above teaching into Kouno to obtain light emitting diode, an average Sn content in a center & end portion, and first transition region as claimed, because it recognized that Sn content is known to affect device properties and would depend on the desired device density and the desired device characteristics, and it aids in improving the solder’s meltability, and improving performance and service life of the formed device. Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Oshika in combination Kouno due to above reason. Re claim 16, in combination cited above, Oshika teaches wherein the second joining region (of 13B) includes a second transition region in which an average Sn content gradually changes with an increase in distance from the insulating layer (see Kouno’s teaching) (based on an atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0 on 13A, 13B, [0192]). Re claim 18, in combination cited above, Oshika teaches wherein the average Sn content in the center in the thickness direction of the second joining region (of 13B) is lower than an average Sn content in an end portion on a side (of 13A) closer to the insulating layer (see Kouno’s teaching) in the thickness direction of the second joining region (of 13B) based on an atomic composition ratios of Au:Sn=6.3:93.7 and Au:Sn=70.0:30.0 on 13A, 13B, [0192]). Re claim 19, in combination cited above, Kouno teaches, Fig, 11D, wherein the semiconductor light-emitting element (30) further including an adhesion support layer (consider 522, 523a) disposed between the insulating layer and the joining layer (12, 15, 523b). Re claim 20, Kouno teaches wherein the adhesion support layer contains at least one of Ti or Cr [0257]. Re claim 21, Kouno teaches, Fig. 12B, [0268], wherein the adhesion support layer includes a Ti film (322a) disposed on the insulating layer (21) and a Pt film (322b) disposed on the Ti film (322a). 4. Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kouno as modified by Oshika as applied to claims 7, 8 & 15 above, and further in view of Yokota et al. (US 2009/0045506). The teachings of Kouno/Oshika have been discussed above. Re claims 9 & 17, Kouno/Oshika does not explicitly teach wherein a Sn content of the inner joining region increases stepwise with an increase in distance from the contact electrode on a straight line along the thickness direction of the inner joining region (claim 9); and wherein a Sn content of the first joining region increases stepwise with an increase in distance from the contact electrode on a straight line along the thickness direction of the first joining region (claim 17). Yokota teaches “the Sn concentration undergoes stepwise increases as shown in Table 1, rather than gradually increasing” [0207]. As taught by Yokota, one of ordinary skill in the art would utilize & modify the above teaching to obtain Sn content increasing stepwise with an increase in distance as claimed, because it is easy to control/manage an increased Sn content to achieve desired targeted content of Sn within a certain period. Thus, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to employ the teaching as taught by Yokota in combination Kouno/Oshika due to above reason. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oka et al. (US 2011/0193126, Fig. 1) discloses a semiconductor LED with semiconductor laminated structure, insulating layer, adhesive layer & electrode. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUY T.V. NGUYEN whose telephone number is (571)270-7431. The examiner can normally be reached Monday-Friday, 7AM-4PM, alternative Friday off. 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, EVA MONTALVO can be reached at (571) 270-3829. 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. /DUY T NGUYEN/Primary Examiner, Art Unit 2818 7/30/26
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Prosecution Timeline

May 02, 2024
Application Filed
Aug 17, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
96%
With Interview (+16.7%)
2y 8m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1081 resolved cases by this examiner. Grant probability derived from career allowance rate.

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