Prosecution Insights
Last updated: October 02, 2026
Application No. 18/678,845

LIGHT EMITTING DEVICE PACKAGE AND APPLICATION THEREOF

Non-Final OA §103§112
Filed
May 30, 2024
Priority
Mar 19, 2019 — provisional 62/820,466 +3 more
Examiner
YEUNG LOPEZ, FEIFEI
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seoul Viosys Co., Ltd.
OA Round
5 (Non-Final)
81%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
884 granted / 1088 resolved
+13.3% vs TC avg
Minimal -3% lift
Without
With
+-2.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
36 currently pending
Career history
1123
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
55.2%
+15.2% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1088 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 29, 2026 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The original disclosure does not teach “a second side of the first insulation layer disposed opposite to the first side at the first patterned removed region have substantially a same thickness” (claims 1 and 8). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1,3,5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al (PG Pub 2018/0240952 A1) and Wanlass et al (PG Pub 2003/0160251 A1). Regarding claim 1, Moon teaches a light emitting package comprising: a substrate (110, figs. 3,4,15) including a front surface and a rear surface; at least one light emitting device disposed on the front surface of the substrate and configured to emit light in a direction toward the front surface (fig. 15 with reflective layer 140, paragraph [0236]); wherein the light emitting device includes: a light emitting layer (120 or 124) disposed on the substrate; a multi-layered insulation layer disposed on the light emitting layer and including a first insulation layer (152, paragraph [0055]) and a second insulation layer (154); and a plurality of pads disposed on the light emitting layer and including a first pad (130 or 162) and a second pad (164), wherein the light emitting layer includes: a first layer disposed on the substrate; a second layer disposed on the first layer; and a third layer disposed on the second layer (any three of layers 122,124,126,140); wherein the first insulation layer is disposed on the light emitting layer and includes a first patterned removed region that exposes the first layer (at ICT15, fig. 3) for contact with the first pad, wherein a first side of the first insulation layer disposed at the first patterned removed region and a second side of the first insulation layer disposed opposite to and facing the first side of the patterned removed region, and wherein the second insulation layer is disposed on the first insulation layer in a region and includes a second patterned removed region (at TH4, fig. 4) that exposes the second or third layer (140) for contact with the second pad. Moon does not teach the first side and the second side of the first insulation layer disposed opposite to the first side at the first patterned removed region have substantially a same thickness in a same direction. In the same field of endeavor, Wanlass teaches to make to make the thickness of an insulating layer (428, fig. 5) uniform for the benefit of providing electrical insulation (paragraph [0103]). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the first side and a second side of the first insulation layer disposed opposite to the first side at the first patterned removed region to have substantially a same thickness, for the benefit of providing electrical insulation. Regarding claim 3, Moon teaches the light emitting package of claim 1, wherein the molding layer includes a substantially flat region (fig. 15). Regarding claim 5, Moon teaches the substrate is formed of a light transmissive insulation material (sapphire, paragraph [0058]). Regarding claim 6, Moon teaches the light emitting package of claim 1, wherein the multi-layered insulation layer is disposed on a region of a side surface and an upper surface of the light emitting layer (figs. 3,4,15). Regarding claim 7, Moon teaches the light emitting package of claim 1, wherein at least two of the first layer, the second layer, and the third layer have different energy bands: Moon teaches device 120 to be a p-n junction device (paragraph [0067]); It is well known that p-n junctions have different energy bands. Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al (PG Pub 2018/0240952 A1) and Wanlass et al (PG Pub 2003/0160251 A1) as applied to claim 1 above, and further in view of Hussell et al (PG Pub 2016/0293811 A1). Regarding claim 2, the previous combination remains as applied in claim 1. The previous combination does not teach the molding layer includes a region having a thickness less than 100 micrometers in height form the rear surface. In the same field of endeavor, Hussell teaches a molding layer includes a region having a thickness less than 100 micrometers in height (140, fig. 1C, paragraph [0054]) form the rear surface, for the benefit of providing a black molding to improve contrast and to allow light to escape from the molding (paragraph [0045] and fig. 1C). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the molding layer to include a region having a thickness less than 100 micrometers in height form the rear surface, for the benefit of providing a black molding to improve contrast and to allow light to escape from the molding. Regarding claim 4, Hussell does not explicitly teach the molding layer has an external light reflectance, an external light scattering rate, or an external light absorbance of 50% or more. Hussell teaches the molding layer to be made of a black material to increase contrast (paragraph [0045]). It is well known that a black material has light absorbance (internal or external light) of 50% or more. Furthermore, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the molding material to have light absorbance of 50% or more, for the benefit of increasing contrast. Claim(s) 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moon et al (PG Pub 2018/0240952 A1), Ogihara (PG Pub 2007/0069220 A1), and Wanlass et al (PG Pub 2003/0160251 A1). Regarding claim 8, Moon teaches (see claim 1) a light emitting package comprising: a substrate including a front surface and a rear surface; at least one light emitting device disposed on the front surface of the substrate and configured to emit light in a direction toward the front surface; and a molding layer disposed on the substrate and covering the light emitting device, wherein the light emitting device includes: a light emitting layer disposed on the substrate and including a first epitaxial structure and a second epitaxial structure; a multi-layered insulation layer disposed on the light emitting layer and including a first insulation layer and a second insulation layer; and a plurality of pads disposed on the light emitting layer and including a first pad and a second pad, wherein the first epitaxial structure and the second epitaxial structure are sequentially disposed on the front surface of the substrate in a first direction, wherein a region of the second insulation layer and a region of the first insulation layer overlap each other in the first direction, wherein the first insulation layer includes a first patterned removed region that provides an electrical contact between the first epitaxial structure and the first pad, wherein a first side of the first insulation layer disposed at the first patterned removed region and a second side of the first insulation layer disposed opposite to and facing the first side, and wherein the second insulation layer includes a second patterned removed region that provides an electrical contact between the second epitaxial structure and the second pad. Moon does not teach the first structure and the second structure to be epitaxial structures. In the same field of endeavor, Ogihara teaches a first structure and a second structure to be epitaxial structures (layers in fig. 2, paragraph [0078]), for the known benefit of providing semiconductor layers with reduced crystal defects. Moon does not teach the first side and a second side of the first insulation layer disposed opposite to the first side at the first patterned removed region have substantially a same thickness. In the same field of endeavor, Wanlass teaches to make the thickness of an insulating layer (428, fig. 5) uniform for the benefit of providing electrical insulation (paragraph [0103]). Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make a second side of the first insulation layer disposed opposite to the first side at the first patterned removed region to have substantially a same thickness, for the benefit of providing electrical insulation. Regarding claim 9, Moon teaches the light emitting package of claim 8, wherein the substrate is formed of a light transmissive insulation material (paragraph [0056]). Regarding claim 10, Moon teaches the light emitting package of claim 8, wherein the multi-layered insulation layer is disposed on a region of the light emitting layer in a second direction that is different form the first direction (figs. 3,4,15 ). Regarding claim 11, Moon teaches the light emitting package of claim 8, wherein the light emitting layer includes at least one of a first semiconductor layer (122, fig. 3, paragraph [0058]), a second semiconductor layer (126), and an active layer (124). Regarding claim 12, Moon teaches the light emitting package of claim 8, wherein the molding layer includes a substantially flat region (fig. 15). Regarding claim 13, Moon teaches the light emitting package of claim 8, wherein each of the plurality of pads (162 and 164, fig. 15) are spaced apart from one another. Regarding claim 14, Moon teaches the light emitting package of claim 13, wherein each of the plurality of pads are insulated from one another (fig. 15). Regarding claim 15, Moon in view of Ogihara and Wanlass teaches (see claim 8) a light emitting device comprising a substrate including a front surface and a rear surface; a light emitting layer disposed on the front surface of the substrate and configured to emit light in a direction toward the front surface; and wherein the light emitting layer includes: a multi-layered layer disposed on the substrate and including a first epitaxial structure and a second epitaxial structure; a multi-layered insulation layer disposed on the light emitting layer and including a first insulation layer and a second insulation layer; and a plurality of pads disposed on the light emitting layer and including a first pad and a second pad, wherein the first epitaxial structure and the second epitaxial structure are sequentially disposed on the front substrate in a first direction, wherein the first insulation layer includes a first patterned removed region, wherein a side of the first insulation layer disposed at the first patterned removed region is inclined at a non-zero angle (figs. 3,4,15); wherein the second insulation layer includes a second patterned removed region overlapped with a region of the first pad in a second direction different from the first direction, wherein the first pad is disposed on the first patterned removed region and a region of the first insulation layer, and wherein a region of the first pad is disposed between the first insulation layer and the second insulation layer in the second direction. Regarding claim 16, Moon teaches the light emitting device of claim 15, wherein the substrate is formed of a light transmissive insulation material (paragraph [0056]). Regarding claim 17, Moon teaches (figs. 3,4,15) the light emitting device of claim 15, wherein the multi-layered insulation layer is disposed on a region of the light emitting layer in the second direction. Regarding claim 18, Moon teaches (figs. 3,4,15) the light emitting device of claim 15, wherein the light emitting layer includes at least one of a first semiconductor layer, a second semiconductor layer, and an active layer (paragraph [0058]). Regarding claim 19, Moon teaches (fig.15) the light emitting device of claim 15, wherein each of the plurality of pads are spaced apart from one another. Regarding claim 20, Moon teaches (fig.15) the light emitting device of claim 19, wherein each of the plurality of pads are insulated from one another. Response to Arguments Applicant’s arguments with respect to claim(s) 1-14 with regards to rejection under 112(a) have been considered but are not persuasive. Applicant alleges (page 8, remarks) that fig. 2B provides support for the first and second sides of the first insulation layer to have the same thickness in a same direction (claims 1 and 8). Applicant seems to argue that because the first and second sides are from the same layer they should have the same thickness. In response, Examiner disagrees. In order for the two sides (circled by Examiner in fig. 2B provided by Applicant) of the first insulation layer to have the same thickness the first insulation layer must form to have uniform thickness along the entire layer. Nowhere in the original disclosure teaches such feature. Furthermore, the portion of fig. 2B provided by Applicant clearly does not show the first insulation layer to have a smooth uniform thickness, not to uniform thickness in a same direction, either vertical or horizontal direction. PNG media_image1.png 380 697 media_image1.png Greyscale Applicant’s arguments with respect to claim(s) 1-20 with regards to 103 rejection are moot in view of the teaching of the new reference, Moon et al. See rejection above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEIFEI YEUNG LOPEZ whose telephone number is (571)270-1882. The examiner can normally be reached M-F: 8am to 4pm EST. 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, Dale Page can be reached at 571 270 7877. 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. /FEIFEI YEUNG LOPEZ/ Primary Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Show 5 earlier events
Dec 03, 2025
Response after Non-Final Action
Jan 05, 2026
Non-Final Rejection mailed — §103, §112
Mar 11, 2026
Response Filed
Apr 29, 2026
Final Rejection mailed — §103, §112
Jun 23, 2026
Response after Non-Final Action
Jul 29, 2026
Request for Continued Examination
Jul 31, 2026
Response after Non-Final Action
Sep 18, 2026
Non-Final Rejection mailed — §103, §112 (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

5-6
Expected OA Rounds
81%
Grant Probability
79%
With Interview (-2.7%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1088 resolved cases by this examiner. Grant probability derived from career allowance rate.

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