Prosecution Insights
Last updated: August 17, 2026
Application No. 19/092,145

LIGHT-EMITTING DEVICE AND PLANAR LIGHT SOURCE

Non-Final OA §102§103
Filed
Mar 27, 2025
Priority
Mar 28, 2024 — JP 2024-054047
Examiner
CARTER, WILLIAM JOSEPH
Art Unit
2875
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
3 (Non-Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
1y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
625 granted / 1004 resolved
-5.7% vs TC avg
Strong +37% interview lift
Without
With
+37.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
14 currently pending
Career history
1023
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
68.4%
+28.4% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1004 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, 5-7, 13-15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamada et al. (2021/0167263). With respect to claim 1, Yamada teaches light-emitting device (10) comprising: a substrate (22 and 41); a light-emitting element (30) located on the substrate (Figs. 1B-C); a light-transmitting member (34, 35, and 50) covering the light-emitting element (Figs. 1B-C); and a light-shielding member (60) located on the light-transmitting member (Figs. 1B-C), the light-shielding member shielding at least a portion of light emitted from the light-emitting element (Figs. 1B-C and paragraphs 77-78); wherein: the light-transmitting member (34, 35, and 50) includes: an upper surface (top surface of 50) on which the light-shielding member is located (Fig. 3A), and a lateral surface (51) including an inclined portion (Fig. 3A), the inclined portion being connected to the upper surface (Fig. 3A), the substrate comprises a wall part (41) positioned outward of a lateral surface of the light-emitting element (Fig. 1C); a portion (35) of the light-transmitting member (34, 35, and 50) is located between the wall part and the lateral surface of the light-emitting element in a lateral direction (Fig. 1C); and an upper end of the wall part (41) is positioned lower than an upper surface of the light-emitting element (Fig. 1C) and higher than a lower surface of the light-emitting element (Figs. 1C-2). As for claim 2, Yamada teaches wherein: in a plan view, an area of a lower surface of the light-shielding member is greater than an area of the upper surface of the light- transmitting member (Figs. 3A-3B). As for claim 3, Yamada teaches wherein: in a plan view, an area of a lower surface of the light-shielding member is substantially equal to an area of the upper surface of the light- transmitting member (Figs. 3A-3B). As for claim 5, Yamada teaches wherein: the lateral surface (51) of the light-transmitting member (34, 35, and 50) includes, in addition to the inclined portion (top half of 51) connected to the upper surface of the light- transmitting member (Fig. 3A), a lateral portion (bottom half of 51) that is vertical (Fig. 3A) or has an inclination angle larger than the inclined portion. As for claim 6, Yamada teaches wherein: the lateral surface (51) of the light-transmitting member (34, 35, and 50) includes, in addition to the inclined portion (top half of 51) connected to the upper surface of the light- transmitting member (Fig. 3A), a lateral portion (bottom half of 51) that is vertical (Fig. 3A) or has an inclination angle larger than the inclined portion. As for claim 7, Yamada teaches wherein: the lateral surface (51) of the light-transmitting member (34, 35, and 50) includes, in addition to the inclined portion (top half of 51) connected to the upper surface of the light- transmitting member (Fig. 3A), a lateral portion (bottom half of 51) that is vertical (Fig. 3A) or has an inclination angle larger than the inclined portion. As for claim 13, Yamada teaches wherein: the wall part (41) surrounds the light-emitting element (Figs. 1A and 1C; paragraph 39). As for claim 14, Yamada teaches wherein: the wall part (41) surrounds the light-emitting element (Figs. 1A and 1C; paragraph 39). As for claim 15, Yamada teaches wherein: the wall part (41) surrounds the light-emitting element (Figs. 1A and 1C; paragraph 39). As for claim 19, Yamada teaches planar light source comprising: a substrate (22 and 41); a plurality of light-emitting devices (10) located on the substrate (Figs. 1B-1C and Figs. 7-8); and at least one partitioning member (170) located on the substrate, the partitioning member comprising: a plurality of first wall parts (174s), each of the plurality of first wall parts comprising a first ridge extending in a first direction (Figs. 7-8), a plurality of second wall parts (174s), each of the plurality of second wall parts comprising a second ridge extending in a second direction (Figs. 7-8), the second direction crossing the first direction (Fig. 7), and a partitioning region comprising two opposing first wall parts among the plurality of first wall parts and two opposing second wall parts among the plurality of second wall parts, the partitioning region being surrounded with the first and second ridges in a plan view (Figs. 7-8); wherein: a plurality of the partitioning regions are located in the first and second directions (Figs. 7-8); at least one first gapped portion is provided on at least one of the first ridges (Figs. 7-8); the plurality of light-emitting devices are respectively located inside the plurality of partitioning regions (Figs. 7-8); each of the plurality of light-emitting devices comprises: a light-emitting element (30) located on the substrate (Figs. 1B-1C and Figs. 7-8), a light-transmitting member (34, 35, and 50) covering the light-emitting element (Figs. 1B-1C), and a light-shielding member (60) located on the light-transmitting member (Figs. 1B-1C), the light-shielding member shielding at least a portion of light emitted from the light-emitting element (Figs. 1B-C and paragraphs 77-78); the light-transmitting member comprises: an upper surface (top surface of 50) on which the light-shielding member is located (Figs. 1B-C), and a lateral surface (51) including an inclined portion (Figs. 1B-C), the inclined portion being connected to the upper surface (Figs. 1B-C); the substrate comprises a wall part (41) positioned outward of a lateral surface of the light-emitting element (Figs. 1B-C); a portion (34) of the light-transmitting member (34, 35, and 50) is located between the wall part and the lateral surface of the light-emitting element in a lateral direction (Fig. 1C); and an upper end of the wall part of the substrate is positioned lower than an upper surface of the light-emitting element (Figs. 1B-C) and higher than a lower surface of the light-emitting element (Figs. 1B-2). 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada in view of Liu et al. (2015/0129919). With respect to claim 4, Yamada teaches all of the claimed elements, as is discussed above, except for explicitly teaching wherein: in a plan view, an area of a lower surface of the light-shielding member is less than an area of the upper surface of the light-transmitting member (claim 4). As for claim 4, Liu also drawn to light-emitting devices, teaches wherein: in a plan view, an area of a lower surface of the light-shielding member (8) is less than an area of the upper surface of the light-transmitting member (6; Fig. 6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use the relationship of the light-shielding member to the light-transmitting member of Liu in the light-emitting device of Yamada, in order to produce a desired lighting output such as emitting light from the top surface of the light-transmitting member (Fig. 6 of Liu). Claims 8-12, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada in view of Shichijo et al. (2017/0373225). With respect to claims 8-12, 16-18, and 20, Yamada teaches all of the claimed elements, as is discussed above, as well as teaching wherein: the wall part (41) includes: an inner lateral surface (vertical surface of 41 facing 30) facing the light-emitting element (Figs. 1B-C), and an outer lateral surface (inclined top surface of 41) located opposite to the inner lateral surface (Figs. 1B-C), the outer lateral surface forming a lateral surface of the substrate (Figs. 1B-C) [claims 8-12 and 20]. Yamada does not explicitly teach the inner lateral surface of the wall part is inclined away from the light-emitting element as a height of the inner lateral surface increases (claims 8-12 and 20); a protection element located on the substrate; wherein: an upper surface of the protection element is positioned lower than the upper end of the wall part (claims 16-18). As for claims 8-12 and 20, Shichijo also drawn to light-emitting devices, teaches the inner lateral surface of the wall part (5a) is inclined away from the light-emitting element (3 and 4) as a height of the inner lateral surface increases (Fig. 3). As for claims 16-18, Shichijo teaches a protection element (7) located on the substrate (1); wherein: an upper surface of the protection element is positioned lower than the upper end of the wall part (Fig. 3). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use the shape of the wall part, the protection element and the relationship of the wall part to the protection element of Shichijo in the light-emitting device of Yamada, in order to help with assembly (paragraph 69 of Shichijo) and to provide protection for the protection element (Fig. 3). Response to Arguments Applicant's arguments filed 25 June 2026 have been fully considered but they are not persuasive. The Applicant argues that in Yamada no part the light transmissive member (50) is located between the light reflecting member 41 and the light source 30 in the lateral direction. Contrary to the Applicant’s arguments, it is reasonable to interpret the light transmissive member as items 34, 35, and 50. All of these elements are connected and are light transmissive, and therefore are reasonably interpreted as the light transmissive member. Fig. 1C of Yamada explicitly shows portion 34 of the light transmissive member (34, 35, and 50) is located between the light reflecting member/wall part (41) and the light source (30) in the lateral direction. The arguments with respect to the remaining claims rely on the same argument addressed above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM JOSEPH CARTER whose telephone number is (571)272-0959. The examiner can normally be reached M-F 8am-5pm. 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, ABDULMAJEED AZIZ can be reached at 571-272-2399. 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. /WILLIAM J CARTER/Primary Examiner, Art Unit 2875 7/30/2026
Read full office action

Prosecution Timeline

Mar 27, 2025
Application Filed
Jan 12, 2026
Non-Final Rejection mailed — §102, §103
Apr 10, 2026
Response Filed
Apr 23, 2026
Final Rejection mailed — §102, §103
Jun 25, 2026
Request for Continued Examination
Jun 29, 2026
Response after Non-Final Action
Aug 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
62%
Grant Probability
99%
With Interview (+37.2%)
2y 8m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 1004 resolved cases by this examiner. Grant probability derived from career allowance rate.

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