Prosecution Insights
Last updated: October 23, 2026
Application No. 18/745,364

LIGHT-EMITTING DEVICE

Non-Final OA §102§103§112
Filed
Jun 17, 2024
Priority
Dec 22, 2021 — JP 2021-207832 +1 more
Examiner
DUNAY, CHRISTOPHER E
Art Unit
Tech Center
Assignee
NICHIA Corporation
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
579 granted / 757 resolved
+16.5% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
32 currently pending
Career history
788
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 757 resolved cases

Office Action

§102 §103 §112
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 . Election/Restrictions The Restriction mailed 7/15/2026 is withdrawn. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) submitted on 6/17/2024 and 8/13/2026 were filed and are being considered by the examiner. 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 1-23 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without the optimization claimed in claims 5-7/20-22 or claim 8/23, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). In regard to claims 1 and 16, the applicant broadly claims their invention, but fails to recite their specific optimization, which can only be captured by claims 5-7 and 20-22, or claims 8 and 23. These must be included in the independent claims as they are critical to the invention. It is advised to amend one independent claim with the contents of claims 5-7/20-22 and one with the limitations of 8/23. Appropriate correction is required. 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. Claim(s) 1-3, 9-11, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yagi et al (US 2014/0092618 A1). In regard to claim 1 and 16, Yagi et al disclose a light-emitting device comprising: an array light source (29) comprising a plurality of light-emitting units arranged in an array pattern, each light-emitting unit including a light-emitting surface, wherein the light-emitting surfaces of adjacent ones of the light-emitting units are located at a first light-emitting surface interval; a first lens (26) configured to cause light emitted by the array light source to irradiate a region to be irradiated; a movement mechanism (26b) configured to cause the first lens and the array light source to move relative to each other along a direction intersecting an optical axis of the first lens; and a control unit comprising one or more electrical circuits or one or more central processing units, the control unit configured to: control light emission of each of the plurality of light-emitting units in a predetermined period (the lights flicker—see [0043]), and control operation of the movement mechanism such that the first lens and the array light source perform a relative movement within the predetermined period, wherein the relative movement comprises a first relative movement in which the first lens and the array light source move relative to each other along a first direction, and wherein a distance of the first relative movement is equal to or greater than a length of a shorter one of either (i) the first light-emitting surface interval (the lens rotates to a greater degree than space between LEDs) or (ii) a width of one of the light-emitting surfaces along the first direction. (Figures 1-3; see at least [0028] onward) In regard to claim 2 and 17, Yagi et al disclose the plurality of light-emitting units are disposed along the first direction, or disposed along the first direction and a second direction orthogonal to the first direction. In regard to claim 3 and 18, Yagi et al disclose the control unit is configured to control operation of the movement mechanism so as to compensate for an illuminance of a region corresponding to the first light-emitting surface interval in the region to be irradiated. In regard to claim 9, Yagi et al disclose the relative movement comprises a plurality of intermittent relative movements, and the control unit is configured to control the light emission such that the plurality of light-emitting units do not emit light while the intermittent relative movement is performed one time. In regard to claim 10, Yagi et al disclose the control unit is configured to control switching of the light-emitting unit that performs the light emission among the plurality of light-emitting units and/or an intensity of the light emitted by the plurality of light-emitting units. In regard to claim 11, Yagi et al disclose a position at which each light-emitting unit is disposed and an irradiation position of the light emission performed by that light-emitting unit via the first lens are in a point-symmetrical positional relationship with respect to an optical center of the first lens as a center of symmetry. In regard to claim 15, Yagi et al disclose the light-emitting device is a flash light source to be used in an imaging device, and the predetermined period is equal to either one of (i) an imaging cycle or (ii) an exposure period of the imaging device. 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. Claim(s) 4, 12-14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yagi et al (US 2014/0092618 A1). In regard to claims 4 and 19, Yagi et al fail to disclose that the first light-emitting surface interval is in a range from 0.05 mm to 2.00 mm. However, this is routine optimization, and it would have been obvious to one of ordinary skill in the art at the time of filing to optimize the relative distance between LEDs in order to optimize the resulting light distribution. In regard to claims 12-14, Yagi et al fail to disclose plurality of second lenses each disposed in a pair with a respective one of the plurality of light-emitting units, wherein the plurality of second lenses are located between the first lens and the array light source, and as recited in claim 13, the plurality of second lenses are formed as a single body, and as recited in claim 14, an air layer is located between the plurality of second lenses and the array light source. However, this is merely a duplication of parts, and it would have been obvious to one of ordinary skill in the art at the time of filing to provide additional lenses in order to optimize the resulting light distribution. Allowable Subject Matter Claims 5-8 and 20-23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Shinohara (US 2025/0211864 A1) discloses an imaging device. Yoshida (US 2024/0328600 A1) discloses a light source device. Yoshida (US 2022/0350074 A1) disclose a light emitting device. Yoshida (US 2022/0328739 A1) disclose a light emitting device. Kiba et al (US 2022/0146074 A1) disclose a light emitting device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E DUNAY whose telephone number is (571)270-1222. The examiner can normally be reached 7:00 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, James (Jong-Suk) Lee can be reached at 571-272-7044. 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. /CHRISTOPHER E DUNAY/Primary Examiner, Art Unit 2875
Read full office action

Prosecution Timeline

Jun 17, 2024
Application Filed
Oct 07, 2026
Non-Final Rejection mailed — §102, §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

1-2
Expected OA Rounds
76%
Grant Probability
90%
With Interview (+14.0%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 757 resolved cases by this examiner. Grant probability derived from career allowance rate.

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