Prosecution Insights
Last updated: October 02, 2026
Application No. 18/669,969

LONG-PASS FILTER STRUCTURES FOR LIGHT-EMITTING DIODES

Non-Final OA §102§103
Filed
May 21, 2024
Examiner
ANYA, IGWE U
Art Unit
Tech Center
Assignee
CreeLED Inc.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
817 granted / 961 resolved
+25.0% vs TC avg
Minimal -4% lift
Without
With
+-3.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
26 currently pending
Career history
970
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
36.6%
-3.4% vs TC avg
§112
6.9%
-33.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 resolved cases

Office Action

§102 §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 § 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. Claims 1 – 3, 7 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bechtel et al. (US 2013/0299865). PNG media_image1.png 314 602 media_image1.png Greyscale (Claim 1) Bechtel et al. teach a light-emitting diode (LED) package comprising: at least one LED chip (10) configured to emit light with a first peak wavelength (blue light, paragraphs 10, 13, ) that is below 560 nanometers (nm); a lumiphoric material (12) arranged to convert at least a portion of the light of the first peak wavelength to light with a second peak wavelength (yellow/red, paragraph 2) that is greater than the first peak wavelength; and a filter structure (14/16, paragraphs13, 57) on the lumiphoric material (12), the filter structure configured to be more reflective than transmissive to light below 560 nm and more transmissive than reflective to light above 560 nm, the filter structure comprising: a plurality of first dielectric layers (Table II, Nb2O5) of a first material in an alternating arrangement with a plurality of second dielectric layers (Table II, SiO2) of a second material that is different than the first material, wherein a first layer (16) of the plurality of first dielectric layers is positioned closer to the at least one LED chip (12) than any other layer of the plurality of first dielectric layers, and the first layer (16) of the plurality of first dielectric layers (Nb2O5) is at least two times thicker (500 nm) than a thinnest layer (7.82 nm) of the plurality of first dielectric layers. (Claim 2) Bechtel et al. teach wherein the first layer (16) of the plurality of first dielectric layers is at least three times thicker (500 nm) than the thinnest layer (7.82 nm) of the plurality of first dielectric layers (Table II). (Claim 3) Bechtel et al. teach wherein the first layer (16) of the plurality of first dielectric layers is a thickest layer (500 nm) of the plurality of first dielectric layers. (Claim 7) Bechtel et al. teach wherein a second layer (Table II, 21.16 nm) of the plurality of first dielectric layers (Nb2O5) is positioned between the first layer (16) of the plurality of first dielectric layers and other layers of the plurality of first dielectric layers, and the second layer (21.06 nm) of the plurality of first dielectric layers is at least two times thicker than the thinnest layer (7.82 nm) of the plurality of first dielectric layers. (Claim 16) Bechtel et al. teach wherein a total number of a sum of the plurality of first dielectric layers and the plurality of the second dielectric layers is in a range from eight layers to twenty-four layers (Table I). Claims 1, 4, 8, 17 and 19 – 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bechtel et al. (US 2011/0220953). PNG media_image2.png 350 488 media_image2.png Greyscale (Claim 1) Bechtel et al. teach a light-emitting diode (LED) package comprising: at least one LED chip (10) configured to emit light with a first peak wavelength (paragraph 27) that is below 560 nanometers (nm); a lumiphoric material (12) arranged to convert at least a portion of the light of the first peak wavelength to light with a second peak wavelength (yellow/red, paragraph 27) that is greater than the first peak wavelength; and a filter structure (14) on the lumiphoric material (12), the filter structure configured to be more reflective than transmissive to light below 560 nm and more transmissive than reflective to light above 560 nm, the filter structure comprising: a plurality of first dielectric layers (Table 2, Nb2O5) of a first material in an alternating arrangement with a plurality of second dielectric layers (Table 2, SiO2) of a second material that is different than the first material, wherein a first layer (1) of the plurality of first dielectric layers is positioned closer to the at least one LED chip (12) than any other layer of the plurality of first dielectric layers, and the first layer (Table 1 #1, 15.04 nm; Table 2 #1, 28.85 nm) of the plurality of first dielectric layers (Nb2O5) is at least two times thicker than a thinnest layer (Table 1 #7, 1.32 nm; Table 2 #5, 11.19 nm) of the plurality of first dielectric layers. (Claim 4) Bechtel et al. teach wherein a last layer (Table 1 #21, 3.68 nm), ) of the plurality of first dielectric layers is positioned farther away from the at least one LED chip than any other layer of the plurality of first dielectric layers, and the last layer (Table 1, 21, 3.68 nm) of the plurality of first dielectric layers is at least two time thicker than the thinnest layer (Table 1, #7, 1.32 nm) of the plurality of first dielectric layers. (Claim 8) Bechtel et al. teach wherein a last layer (Table 2 #18) of the plurality of second dielectric layers is positioned farther away from the at least one LED chip than any other layer of the plurality of second dielectric layers, and the last layer (Table 2 #18, 203.49 nm) of the plurality of second dielectric layers is a thickest layer (203.49) of the filter structure. (Claim 17) Bechtel et al. teach the LED package, further comprising a support structure (18), wherein the at least one LED (10) is mounted on the support structure (18), and a portion of the lumiphoric material (12) and a portion of the filter structure (14) cover portions of the support structure (18) that are adjacent the at least one LED chip. (Claim 19) Bechtel et al. teach a light-emitting diode (LED) package comprising: at least one LED chip (10) configured to emit light with a first peak wavelength; a lumiphoric material (12) arranged to convert at least a portion of the light of the first peak wavelength to light with a second peak wavelength that is different than the first peak wavelength; and a filter structure (14) on the lumiphoric material, the filter structure configured to be more reflective than transmissive to light of the first peak wavelength and more transmissive than reflective to light of the second peak wavelength, the filter structure comprising (paragraph 27): a plurality of first dielectric layers (Nb2O5) of a first material in an alternating arrangement with a plurality of second dielectric layers (SiO2) of a second material that is different than the first material (Table 2), wherein a last layer (18) of the plurality of second dielectric layers (SiO2) is positioned farther away from the at least one LED chip than any other layer of the plurality of second dielectric layers, and the last layer of the plurality of second dielectric layers is a thickest layer (203.49 nm) of the filter structure. (Claim 20) Bechtel et al. teach wherein the last layer (18, 203.49) of the plurality of second dielectric layers is at least two times thicker than a thinnest layer (14, 27.98) of the plurality of second dielectric layers. (Claim 21) Bechtel et al. teach wherein the last layer (18, 203.49 nm) of the plurality of second dielectric layers is at least four times thicker than a thinnest layer (14, 27.98 nm) of the plurality of second dielectric layers. (Claim 22) Bechtel et al. teach wherein a first layer (1, 25.85 nm) of the plurality of first dielectric layers is positioned closer to the at least one LED chip than any other layer of the plurality of first dielectric layers and a last layer (17) of the plurality of first dielectric layers is positioned farther away from the at least one LED chip than any other layer of the plurality of first dielectric layers, and the first layer (1, 25. 85 nm) and a second layer (3, 29.11 nm) of the plurality of first dielectric layers are both at least two times thicker than a thinnest layer (5, 11.19 nm) of the plurality of first dielectric layers. (Claim 23) Bechtel et al. teach wherein a total number of a sum of the plurality of first dielectric layers and the plurality of the second dielectric layers is in a range from eight layers to twenty-four layers (paragraph 11). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bechtel et al. (US 2013/0299865) in view of Sanga et al. (US 2014/0185299). (Claim 9) Bechtel et al. lack the LED package, further comprising a light-altering material positioned about lateral edges of the at least one LED chip, the lumiphoric material, and the filter structure. However, Sanga et al. teach a light-altering material (fig. 1 #14) positioned about lateral edges of the at least one LED chip (6), the lumiphoric material (12), and the filter structure (12) for the benefit of reflecting back escaping light, thereby increasing light output (paragraph 47). Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to incorporate the references for the benefit of increasing light output. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bechtel et al. (US 2013/0299865) in view of Sanga et al. (US 2014/0185299) and Yun et al. (US 2016/02407463). (Claim 10) Bechtel/Sanga et al. lack the LED package, further comprising a lens over the at least one LED chip and one or more portions of the light-altering material. However, Yun et al. teach an LED package, further comprising a lens over the at least one LED chip and one or more portions of the light-altering material for the benefit of concentrating or dispersing light rays. Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to incorporate the references for the benefit of concentrating or dispersing light rays. Claim 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Bechtel et al. (US 2013/0299865) in view of Yausa et al. (US 2018/0351053). (Claim 12) Bechtel et al. lack the LED package, further comprising a cover structure that includes a support element, wherein the filter structure is formed as part of the cover structure. However, Yuasa et al. teach a LED package (fig. 1B), further comprising a cover structure (5) that includes a support element (3), wherein the filter structure (7) is formed as part of the cover structure (5) for the benefit of preventing light from leaking to the outside (paragraph 82). Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to incorporate the references for the benefit of preventing light from leaking to the outside. (Claim 13) Bechtel et al. lack wherein the filter structure is between the support element and the lumiphoric material. However, Yausa et al. teach wherein the filter structure (fig 1B #7) is between the support element (3) and the lumiphoric material (4) for the benefit of preventing light from leaking to the outside (paragraph 82). Therefore, it would have been obvious to one of ordinary skill in the art before the effective fling date of the claimed invention to incorporate the references for the benefit of preventing light from leaking to the outside. Allowable Subject Matter Claims 5, 6, 11, 14, 15 and 18 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. Conclusion Prior art made of record and not relied upon, considered pertinent to applicant's disclosure are listed in PTO – 892 Form. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IGWE U ANYA whose telephone number is (571)272-1887. The examiner can normally be reached 8:00 AM - 6:00 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, Matthew Landau can be reached at (571) 272- 1731. 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. /IGWE U ANYA/Primary Examiner, Art Unit 2891 August 25, 2026
Read full office action

Prosecution Timeline

May 21, 2024
Application Filed
Sep 04, 2026
Non-Final Rejection mailed — §102, §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
85%
Grant Probability
81%
With Interview (-3.7%)
2y 6m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allowance rate.

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