Prosecution Insights
Last updated: October 23, 2026
Application No. 18/698,416

OPTOELECTRONIC CONVERTER ELEMENT, OPTOELECTRONIC SEMICONDUCTOR DEVICE AND METHOD FOR PRODUCING AN OPTOELECTRONIC COMPONENT

Non-Final OA §103
Filed
Apr 04, 2024
Priority
Oct 08, 2021 — DE 10 2021 126 160.0 +1 more
Examiner
NIU, XINNING
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ams-osram AG
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
858 granted / 1039 resolved
+14.6% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
1070
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
69.6%
+29.6% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1039 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 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. 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. Claims 2-4, 6, 7 and 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Tischler et al. (US PG Pub 2015/0221835) in view of Singer (US PG Pub 2015/0115304). Regarding claim 2, Tischler as modified do not explicitly disclose: wherein a thickness of the carrier is larger than 5 μm. However, In accordance with MPEP 2144.05 II, Optimization of Ranges: Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In the prior art the general conditions are disclosed, an optoelectronic semiconductor component comprising a carrier having a thickness value. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to obtain a workable range of values for the thickness of the carrier by routine experimentation. Regarding claim 3, Tischler as modified disclose: wherein the converter regions are arranged along rows and columns or according to a hexagonal pattern (the structure shown in FIG. 2C includes a 3x3 array of sub-frames; however, this is not a limitation of the present invention, and in other embodiments the array of sub-frames may have more or fewer sub-frames. The structure shown in FIG. 2C has a square array of sub-frames; however, this is not a limitation of the present invention, and in other embodiments the array of sub-frames may have different shapes, for example a linear array (a line of sub-frames), rectangular, or any arbitrary shape.) (Tischler, Fig. 2C, [0148]). Regarding claim 4, Tischler et al. disclose: an optoelectronic converter element with, a carrier (270) comprising a material (the frame may include, consist essentially of, or consist of a semiconductor, a plastic, a polymer, a glass, a ceramic, and/or a metal.) (Fig. 1A, [0022], [0123]), wherein openings are formed in the carrier (carrier has opening for phosphor material 230) (Fig. 1A, [0123]), extending from a first main surface (upper surface of carrier 270) of the carrier to a surface (bottom surface) of the carrier opposite the first main surface, and a phosphor (230) arranged in the openings, thereby defining converter regions (Fig. 1A, [0123]), wherein the material of the carrier is reflective (reflecting face 272) or the optoelectronic converter element further comprises a reflective layer between the carrier and the phosphor (Fig. 1A, [0123]); and a semiconductor device (210) for generating electromagnetic radiation (Fig. 1A, [0048], [0123]), wherein the optoelectronic converter element is configured to change a wavelength of electromagnetic radiation emitted from the semiconductor device (Fig. 1A, [0023], [0123]). Tischler et al. do not disclose: a material having a thermal conductivity greater than 25 W/(m*K); and a solder frame between the semiconductor device and the optoelectronic converter element. Singer discloses: a solder frame (204, 210) between the semiconductor device (102, 104, 108) and the optoelectronic converter element (202) (Fig. 1A, [0055], [0061], [0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tischler by forming the carrier on a solder frame spaced apart from the semiconductor device in order to improve thermal management of the device. Tischler as modified do not disclose: a material having a thermal conductivity greater than 25 W/(m*K). Singer discloses: the frame material has a thermal conductivity of at least 50 W/mK, preferably of at least 100 W/mK ([0058], [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tischler as modified by forming the carrier with a material having a thermal conductivity greater than 25 W/(m*K) in order to further improve thermal management of the device. PNG media_image1.png 634 800 media_image1.png Greyscale Fig. 1A of Tischler Regarding claim 6, Tischler as modified disclose: wherein the semiconductor device comprises a light emitting diode (Tischler, [0048]). Regarding claim 7, Tischler as modified disclose: wherein the semiconductor device comprises an array of light-emitting elements, and the converter regions of the optoelectronic converter element are respectively arranged at positions corresponding to the positions of the light-emitting elements (the structure shown in FIG. 2C includes a 3x3 array of sub-frames; however, this is not a limitation of the present invention, and in other embodiments the array of sub-frames may have more or fewer sub-frames. The structure shown in FIG. 2C has a square array of sub-frames; however, this is not a limitation of the present invention, and in other embodiments the array of sub-frames may have different shapes, for example a linear array (a line of sub-frames), rectangular, or any arbitrary shape.) (Tischler, Fig. 2C, [0148]). Regarding claim 9, Tischler as modified disclose: further comprising an air gap between the semiconductor device and the optoelectronic converter element (the device as modified has a gap between the semiconductor device and the optoelectronic converter element) (see the rejection of claim 4) . Regarding claim 10, Tischler as modified disclose: which is selected from a broadband light source for spectroscopic applications, a flash light, an automotive lighting device, a smartphone and a wearable electronic device (Singer, [0004]). Regarding claim 11, the apparatus of claim 4 discloses the claimed method (see the rejection of claim 4). Regarding claim 12, the apparatus of claim 3 discloses the claimed method (see the rejection of claim 3). Regarding claim 13, Tischler as modified disclose: wherein the phosphor is introduced by a deposition process, a screen printing process, an immersion bath or casting (deposition process) (Tischler, [0182]). Regarding claim 14, the apparatus of claim 4 discloses the claimed method (see the rejection of claim 4). Regarding claim 15, the apparatus of claim 7 discloses the claimed method (see the rejection of claim 7). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Tischler et al. (US PG Pub 2015/0221835) in view of Singer (US PG Pub 2015/0115304) and Hansen (US PG Pub 2020/0370730). Regarding claim 5, Tischler as modified do not disclose: wherein the semiconductor device comprises a surface emitting semiconductor laser element. Hansen discloses: a surface emitting semiconductor laser element [0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Tischler as modified by using surface emitting semiconductor laser elements as the semiconductor device for generating electromagnetic radiation in order to improved dynamic optical control. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Choi (US 7,755,099) discloses: provided is a light emitting device package. The light emitting device package comprises a base substrate, a frame, and a light emitting device. The base substrate comprises a plurality of electrode pads. The frame is formed of silicon, attached on the base substrate, and has an opening. The light emitting device is electrically connected to the electrode pad in the opening (Abstract). Yoshimura et al. (US PG Pub 2015/0211712) disclose: a wavelength conversion member includes a substrate and a fluorescent film that is disposed on the substrate and emits fluorescence upon reception of excitation light, wherein the fluorescent film includes an aggregate of a plurality of fluorescent particles, the aggregate being formed as a result of contact among the fluorescent particles, and a glass material filling gaps between the fluorescent particles in the aggregate, and a total volume of a volume of the glass material and a volume of the fluorescent particles in the fluorescent film is equal to or less than an envelope volume of the aggregate of the fluorescent particles in the fluorescent film (Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to XINNING(TOM) NIU whose telephone number is (571)270-1437. The examiner can normally be reached M-F: 9:30am-6:00pm. 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, Minsun Harvey can be reached at 571-272-1835. 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. /XINNING(Tom) NIU/Primary Examiner, Art Unit 2828
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Prosecution Timeline

Apr 04, 2024
Application Filed
Sep 29, 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
83%
Grant Probability
87%
With Interview (+4.8%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1039 resolved cases by this examiner. Grant probability derived from career allowance rate.

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