Prosecution Insights
Last updated: October 02, 2026
Application No. 18/663,651

LIGHT-EMITTING DEVICE, PLANAR LIGHT SOURCE, AND LIQUID CRYSTAL DISPLAY DEVICE

Non-Final OA §103
Filed
May 14, 2024
Priority
May 30, 2023 — JP 2023-088534
Examiner
ENAD, CHRISTINE A
Art Unit
Tech Center
Assignee
NICHIA Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1149 granted / 1361 resolved
+24.4% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
31 currently pending
Career history
1398
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
64.5%
+24.5% vs TC avg
§102
19.3%
-20.7% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1361 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 . 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. Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al (US Publication No. 2018/0053882) in view of Nakabayashi et al (US Publication No. 2021/0239296). Regarding claim 1, Cheng discloses a light-emitting device Fig 1A and Fig 7A comprising: a light-emitting element Fig 1A, 120 configured to emit first light; a light-transmissive member Fig 1A, 140 covering an upper surface of the light-emitting element and comprising a wavelength conversion material configured to absorb a portion of the first light and emit second light ¶0032-0033; a light-scattering member Fig 1A disposed on the light-transmissive member ¶0037, comprising a light-scattering material, and having a higher reflectance at a peak wavelength of the first light than at a peak wavelength of the second light¶0037; and a light-adjustment member Fig 1A located in or on the light-scattering member ¶0037 and having either (i) a higher absorptance at the peak wavelength of the second light than at the peak wavelength of the first light, or (ii) a higher reflectance at the peak wavelength of the second light than at the peak wavelength of the first light ¶0037-0042. Cheng discloses all the limitations but the arrangement of the scattering and adjustment member. Whereas Nakabayashi discloses wherein a lateral surface of the light-transmissive member is exposed from the light-scattering member and the light-adjustment member Fig 3A. Cheng and Nakabayashi are analogous art because they are directed to light emitting devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify Cheng because they are from the same field of endeavor. Therefore it would have been obvious to one having ordinary skill of the art before the effective filing date of the claimed invention to modify the device of Cheng and incorporate the teachings of Nakabayashi as an alternative arrangement as a matter of design choice and improved device performance. Regarding claim 2, Cheng discloses wherein: the light-adjustment member is a coloring material having the higher absorptance at the peak wavelength of the second light than at the peak wavelength of the first light, and the coloring material is dispersed in the light-scattering member ¶0042-0043. Regarding claim 3, Cheng discloses wherein: the light-adjustment member is a coloring material having the higher absorptance at the peak wavelength of the second light than at the peak wavelength of the first light, and the coloring material is provided on the light-scattering member¶0037-0043. Regarding claim 4, Cheng discloses wherein: the light-adjustment member is a wavelength selective filter having the higher absorptance at the peak wavelength of the second light than at the peak wavelength of the first light, and the wavelength selective filter is provided on the light-scattering member¶0037-0043. Regarding claim 5, Cheng discloses wherein: the light-adjustment member is a dielectric multilayer film having the higher reflectance at the peak wavelength of the second light than at the peak wavelength of the first light, and the dielectric multilayer film is provided on the light-scattering member¶0037-0043. Regarding claim 6, Cheng and Nakabayashi disclose all the limitations but silent on the specific reflectance. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the reflectance range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (1955). Regarding claim 7, Cheng discloses wherein: a difference between a chromaticity of light emitted from the light-scattering member and a chromaticity of light emitted from the lateral surface of the light-transmissive member is 10/1,000 or less ¶0037-0043. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (1955). Regarding claim 8, Nakabayashi discloses wherein: the light-transmissive member comprises: a first light-transmissive member Fig 2, 22 that covers the upper surface of the light-emitting element and comprises the wavelength conversion material, and a second light-transmissive member Fig 2, 10 that covers an upper surface of the first light-transmissive member and does not comprise the wavelength conversion material ¶0040. Regarding claim 9, Nakabayashi discloses wherein: an upper surface of the second light-transmissive member has a recessed portion located above the light-emitting element and opening on an upper surface side of the second light-transmissive member, and the light-scattering member is disposed in the recessed portion Fig 2, Fig 6 and Fig 9. Regarding claims 10 and 11, Cheng and Nakabayashi disclose all the limitations but silent on the arrangement and design of the transmissive member. It would have been an obvious matter of design choice to modify the shape, since such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level of ordinary skill in the art. In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Regarding claim 12, Cheng and Nakabayashi disclose arranged two-dimensionally Cheng Fig 2A and Nakabayashi Fig 10. Regarding claim 13, Nakabayashi discloses a liquid crystal display device comprising: the planar light source of claim 12 for use as a backlight light source ¶0003. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A ENAD whose telephone number is (571)270-7891. The examiner can normally be reached Monday-Friday, 7:30 am -4:30 pm. 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, Lynne Gurley can be reached at 571 272 1670. 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. /CHRISTINE A ENAD/Primary Examiner, Art Unit 2811
Read full office action

Prosecution Timeline

May 14, 2024
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §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
84%
Grant Probability
95%
With Interview (+10.3%)
1y 12m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1361 resolved cases by this examiner. Grant probability derived from career allowance rate.

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