8DETAILED 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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/31/2025 has been entered.
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant argues the term native is an extremely common term used in the art of photolithographic devices and gives several examples of patents which use the term native. Applicant states the term "native" refers to structures such as pixel elements, controllers, or other circuits that are formed on or in a substrate. In many examples "native substrate" is used similarly to terms such as "original substrate," "growth substrate," or "source substrate." Seemingly, the terms "native," "original," "growth," and "source" point to a method through which a structure is formed on or in a substrate. This substrate is then referred to as the "native substrate". Notably, without the added context of the method of manufacturing (e.g. the formation/construction on or in) the substrate may not be referred to as a "native" substrate. Just as a destination substrate requires (i.e. implies) the existence of a source substrate and thus implies a transfer from the source substrate to the destination substrate. Page 9 line 16 of Applicant's response recites "the controller 30 can be 'constructed on' the module substrate 10 -- in other words, that the controller 30 can be native to the module substrate 10." Applicant includes an excerpt of the instant application on page 10: "Page 42, lines 3-5 of Applicant's Specification… describes two different ways in which the controller 30 can come to be on the module substrate 10-- 'Controller 30 is formed (e.g. using photolithographic methods and materials) or disposed (e.g. by printing such as micro-transfer printing) on module substrate 10.' The first option is clearly constructing the controller 30 on the module substrate 10 so that the controller is native to the module substrate 10." In the above recitation, the Applicant has drawn a clear line between "photolithographic methods and materials" and use of the term "native."
On Page 2 of the Final Rejection mailed 08/01/2025 the Examiner states the term "native" invokes the product-by-process doctrine since "native" refers to a method or set of methods (e.g. photolithographic methods and materials) of constructing a structure on or in a substrate by Applicant's own admission (see above). In the instant case the controller is constructed on or in the module substrate (claim 1 of instant application). Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps (MPEP § 2113). The anticipation of product-by-process claims does not require the recited steps, but simply the structure implied by the recited steps.
What structure is implied by the term "native"? To the Examiner's point, Applicant has drawn a clear line between use of the term "native" and "construct[ion] in or on". Structurally, anticipation of the limitation "a controller native to the module substrate and constructed in or on the controller side of the module substrate" merely requires a controller in or on the controller side of the module substrate.
Applicant further argues the Examiner has the burden of showing that the Lin Provisional Application (62/860,883) to which Lin (US 20210272945 A1) claims priority discloses the subject matter referenced in the previous rejection. And, Applicant argues, the Examiner has not shown support for the disclosed subject matter in the Lin Provisional Application.
However, the Specification received 06/13/2019 of the Lin Provisional Application shows details of FIGS. 1-25 of the Lin Publication (US 20210272945 A1), especially pg. 5 which displays a pixel module (TYPE 1) including a module substrate (Core1, Core2, I-shaped adhesive and Core), a controller (L3, IC, Core), light-emitters (RGB chip), and module electrodes (L1, L2). Thus, support for the disclosed subject matter has been shown.
Additionally, Applicant argues both the micro-LEDs 90 and the pixel controller 92 disclosed by Cok (US 20170256522 A1) are positioned on the same side of the pixel substrate 94, not opposite sides as required by Applicant’s claim 1, as amended.
However, the term “side” has been interpreted under broadest reasonable interpretation as referencing a relative direction or area. The limitations “light-emitter side” and “controller side” refer to distinct “sides”. For example, the term side may refer to a left side and a right side or an upper side and a lower side. In the above examples, the sides are opposite to each other. FIG. 28B of Cok clearly shows a “light-emitter side” and a “controller side” of the pixel substrate which oppose each other. See Examiner annotated FIG. 28B below.
PNG
media_image1.png
760
1296
media_image1.png
Greyscale
Thus, the prior rejection over Cok in view of Lin stands.
On page 15 of the response filed 12/31/2025, Applicant argues the Office Action mailed 08/01/2025 relies upon Lin for the teaching of a substate with a light-emitter surface and a controller surface which are “disposed on opposite sides of the module substrate.” However, while Lin teaches the above limitation, Cok is relied upon in teaching the above limitation as well. See page 5 of the Office Action mailed 08/01/2025.
Claim Objections
Claim 1 is objected to because of the following informalities:
The limitation “a module substrate having a side” of claim 1 should read “a module substrate having a light-emitter side”.
Appropriate correction is required.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-3, 5-6, 8, 10, 20-25, 28, 130, and 132 are rejected under 35 U.S.C. 103 as being unpatentable over Cok et al. (US 20170256522 A1; hereinafter Cok) in view of Lin et al. (US 20210272945 A1; hereinafter Lin).
Regarding claim 1, FIGS. 5, 28B, & 29B of Cok teach a pixel module (96 ¶ [0180]), comprising: a module substrate (94) having a light-emitter side (side where light-emitters 90 are disposed) and a controller side (side where controller 92 is disposed) opposed to the light-emitter side (see examiner annotated FIG. 28B below), wherein the module substrate (94) is a semiconductor substrate (¶ [0183] “… the micro-LEDs 90 are micro-transfer printed from respective LED source wafers to the pixel substrate 94,” in other words, the pixel substrate is a destination substrate & ¶ [0032] “…the destination substrate is a member selected from the group consisting of… a semiconductor…”; ¶ [0138] “destination substrate 60 and the connection posts 40 can be in physical and electrical contact with contact pads 62” & ¶ [0186] “the one or more micro-LEDs 90 each have connection posts 40 that are electrically connected to the pixel conductors 30 on the pixel substrate 94”); one or more light emitters (90R, 90G, 90B) disposed on the light-emitter side of the module substrate (94 ¶ [0180], see examiner annotated FIG. 28B); a controller (92) native to the module substrate (94) and constructed in or on the controller side of the module substrate (94 ¶ [0180], see examiner annotated FIG. 28B below); and module electrodes (30), wherein at least one of the module electrodes (30) is electrically connected to the controller (92) and at least one of the module electrodes (30) is electrically connected to each light emitter (90R, 90G, 90B) of the one or more light emitters (90R, 90G, 90B ¶ [0181]).
PNG
media_image1.png
760
1296
media_image1.png
Greyscale
Cok does not teach wherein the light-emitter side and the controller side are disposed on opposite sides of the module substrate so that the controller side and the light-emitter side are (i) substantially or effectively parallel and (ii) non-coplanar; and the controller comprises at least a portion of the semiconductor substrate.
FIGS. 1-4, 9, 15-16, and 26 of Lin teaches a pixel module (D1 ¶ [0073], see FIG. 15), comprising: a module substrate (5a, 3a, 1 ¶ [0066],[0057]) having a light-emitter side (side of 5a, 3a, 1 facing 8a-8c) and a controller side (side of 5a, 3a, 1 closest to 2) opposed to and different from the light-emitter side (side of 5a, 3a, 1 facing 8a-8c), wherein the light-emitter side (side of 5a, 3a, 1 facing 8a-8c) and the controller side (side of 5a, 3a, 1 closest to 2) are disposed on opposite sides of the module substrate (5a, 3a, 1) so that the controller side (side of 5a, 3a, 1 closest to 2) and the light-emitter side (side of 5a, 3a, 1 facing 8a-8c) are (i) substantially or effectively parallel and (ii) non-coplanar (see FIGS. 2 & 9);
one or more light emitters (8a-8c) disposed on the light-emitter side of the module substrate (side of 5a, 3a, 1 facing 8a-8c ¶ [0069]);
a controller (2, 1) native to the module substrate (5a, 3a, 1 ¶ [0057]) and constructed in or on the controller side of the module substrate (side of 5a, 3a, 1 facing 2) so that the controller (2, 1) comprises at least a portion of the module substrate (1 ¶ [0057]); and
module electrodes (6a, 4a), wherein at least one of the module electrodes (6a, 4a) is electrically connected to the controller (2, 3a ¶ [0063]) and at least one of the module electrodes (6a, 4a) is electrically connected to each light emitter of the one or more light emitters (8a-8c ¶ [0070]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pixel module taught by Cok with the pixel module taught by Lin for the purpose of reducing the area of the substrate structure and reducing the gaps between light emitting elements (¶ [0068]).
Regarding claim 2, Cok teaches the pixel module of claim 1, and Cok further teaches wherein the module electrodes (30) electrically connect the controller (92) to the one or more light emitters (90R, 90G, 90B) so that the controller is operable to control the one or more light emitters (90R, 90G, 90B ¶ [0181],[0185]).
Regarding claim 3, Cok teaches the pixel module of claim 1, and FIGS. 25A-25B of Cok further teach wherein one or more of the module electrodes (30) pass through the module substrate (94 ¶ [0186]).
Regarding claim 5, Cok teaches the pixel module of claim 1, and FIG. 28B of Cok further teaches wherein the one or more light emitters (90R, 90G, 90B) comprise a red-light emitter (90R) operable to emit red light (¶ [0180]), a green-light emitter (90G) operable to emit green light (¶ [0180]), and a blue-light emitter (90B) operable to emit blue light (¶ [0180]).
Regarding claim 6, Cok teaches the pixel module of claim 1, and FIG. 5 of Cok further teaches wherein the one or more light emitters (90R, 90G, 90B) are one or more horizontal inorganic light-emitting diodes (20) that are disposed to emit light (70) in a direction away from the light-emitter side (side where light-emitters 90 are disposed) of the module substrate (60/92 ¶ [0153]).
Regarding claim 8, Cok teaches the pixel module of claim 6, and FIG. 5 of Cok further teaches wherein the horizontal inorganic light-emitting diodes (20) comprise a bottom side (side of 20 furthest away from 60 in FIG. 5) opposite a top side (side of 20 closest to 60 in FIG. 5) and are disposed to emit light through the bottom side (70 ¶ [0114]), wherein light-emitter electrodes (22 ¶ [0098]) are electrically connected to the top side (see FIG. 5).
Regarding claim 10, Cok teaches the pixel module of claim 1, FIG. 5 of Cok further teaches wherein each light emitter of the one or more light emitters (20) comprises one or more light-emitter connection posts (22) each electrically connected to one of the module electrodes (30 connected through 40 & 62 ¶ [0110]).
Regarding claim 20, Cok teaches the pixel module of claim 1, and Cok further teaches wherein each light emitter of the one or more light emitters (20) comprises a broken or separated light-emitter tether (¶ [0130]).
Regarding claim 21, Cok teaches the pixel module of claim 1, FIG. 25A of Cok further teaches a pixel module (96) including a module substrate (94, 56 ¶ [0181]) wherein the module substrate comprises a broken or separated module tether (56 ¶ [0183]).
Regarding claim 22, Cok teaches the pixel module of claim 1, and Cok further teaches wherein each of the one or more light emitters (20) is non-native to the module substrate (60/94 ¶ [0030], see examiner annotated FIG. 28B above).
Regarding claim 23, Cok teaches the pixel module of claim 1, and FIG. 5 of Cok further teaches wherein a dielectric (28 ¶ [0114]) is disposed between the at least one light emitter (20) and at least a portion of each of the at least one of the module electrodes (30 disposed in 60/94, see FIG. 28B).
Regarding claim 24, Cok teaches the pixel module of claim 1, and FIG. 18 of Cok further teaches comprising an encapsulating layer (26) disposed over the one or more light emitters (20 ¶ [0099]).
Regarding claim 25, Cok teaches the pixel module of claim 24, and FIG. 16F-G of Cok further teach wherein any one or more of the encapsulating layers (26) comprises a broken or separated module tether (56 ¶ [0133], [0136]).
Regarding claim 28, Cok teaches the pixel module of claim 1, FIG. 5 of Cok teaches a pixel module (e.g., FIG. 5) comprising a printable electronic component (20) on a destination substrate (60/92) wherein the printable electronic component (20) has a minimum thickness of 2 to 5 micron and the destination substrate (60/92) has a minimum thickness of 5 to 10 microns (¶ [0032]). Thus, Cok teaches wherein the pixel module has a thickness of no more than 15 microns.
Regarding claim 130, Cok teaches the pixel module of claim 1, and Cok further teaches wherein the controller (92) is an integrated circuit (¶ [0021]).
Regarding claim 132, FIGS. 5, 28B, & 29B of Cok teach a pixel module (96 ¶ [0180]), comprising:
a module substrate (94) having a light-emitter side (side where light-emitters 90 are disposed) and a controller side (side where controller 92 is disposed) opposed to the light-emitter side (see examiner annotated FIG. 28B above);
one or more light emitters (90R, 90G, 90B) disposed on the light-emitter side (side where light-emitters 90 are disposed) of the module substrate (94 ¶ [0180], see examiner annotated FIG. 28B above);
a controller native (92) to the module substrate (94) and constructed in or on the controller side of the module substrate (94 ¶ [0180], see examiner annotated FIG. 28B above); and
module electrodes (30), wherein at least one of the module electrodes (30) is electrically connected to the controller (92) and at least one of the module electrodes (30) is electrically connected to each light emitter of the one or more light emitters (90R, 90G, 90B ¶ [0181]),
wherein the pixel module (96) comprises a single pixel (96, e.g. FIG. 28B) and the single pixel (96) comprises the one or more light emitters (90R, 90G, 90B) and the controller (92 ¶ [0180]).
Cok does not teach the controller side opposed to and different from the light-emitter side, wherein the light-emitter side and the controller side are disposed on opposite sides of the module substrate so that the controller side and the light-emitter side are (i) substantially or effectively parallel and (ii) non-coplanar; and the controller comprises at least a portion of the semiconductor substrate.
FIGS. 1-4, 9, 15-16, and 26 of Lin teaches a pixel module (D1 ¶ [0073], see FIG. 15), comprising:
a module substrate (5a, 3a, 1 ¶ [0066],[0057]) having a light-emitter side (side of 5a, 3a, 1 facing 8a-8c) and a controller side (side of 5a, 3a, 1 closest to 2) opposed to and different from the light-emitter side (side of 5a, 3a, 1 facing 8a-8c), wherein the light-emitter side (side of 5a, 3a, 1 facing 8a-8c) and the controller side (side of 5a, 3a, 1 closest to 2) are disposed on opposite sides of the module substrate (5a, 3a, 1) so that the controller side (side of 5a, 3a, 1 closest to 2) and the light-emitter side (side of 5a, 3a, 1 facing 8a-8c) are (i) substantially or effectively parallel and (ii) non-coplanar (see FIGS. 2 & 9);
one or more light emitters (8a-8c) disposed on the light-emitter side of the module substrate (side of 5a, 3a, 1 facing 8a-8c ¶ [0069]);
a controller (2, 1) native to the module substrate (5a, 3a, 1 ¶ [0057]) and constructed in or on the controller side of the module substrate (side of 5a, 3a, 1 facing 2) so that the controller (2, 1) comprises at least a portion of the module substrate (1 ¶ [0057]); and
module electrodes (6a, 4a), wherein at least one of the module electrodes (6a, 4a) is electrically connected to the controller (2, 3a ¶ [0063]) and at least one of the module electrodes (6a, 4a) is electrically connected to each light emitter of the one or more light emitters (8a-8c ¶ [0070]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pixel module taught by Cok with the pixel module taught by Lin for the purpose of reducing the area of the substrate structure and reducing the gaps between light emitting elements (¶ [0068]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cok in view of Lin, and further in view of Kang (US 20200168777 A1; hereinafter Kang).
Regarding claim 9, Cok as modified teaches the pixel module of claim 1.
Cok as modified does not teach wherein the one or more light emitters are one or more vertical inorganic light-emitting diodes that are disposed to emit light in a direction away from the light-emitter side of the module substrate.
FIGS. 3-4 of Kang teach a pixel module (e.g., FIG. 3) comprising a module substrate (110-114 ¶ [0040], [0069], see FIG. 5A) including a light-emitter side (side of 114 closest to 150) and one or more light emitters (150 ¶ [0051]) on the light-emitter side,
wherein the one or more light emitters (150) are one or more vertical inorganic light-emitting diodes (¶ [0032], [0046]) that are disposed to emit light in a direction away from the light-emitter side of the module substrate (100 may be top-emission or bottom emission ¶ [0071]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pixel module taught by Cok with the vertical inorganic light-emitting diode taught by Kang for the purpose of decreasing the material cost of the LED without sacrificing performance (¶ [0037]).
Claim 131 is rejected under 35 U.S.C. 103 as being unpatentable over Cok in view of Lin.
Regarding claim 131, Cok as modified teaches the pixel module of claim 1.
Cok does not explicitly teach wherein the semiconductor substrate is a silicon substrate.
However, Cok teaches printable electronic components (10) formed in or disposed on a semiconductor substrate, wherein the semiconductor substrate is a silicon substrate (¶ [0212]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pixel module taught by Cok with the silicon substrate taught by Cok since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960), and MPEP 2144.07 Art Recognized Suitability for an Intended Purpose.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nora T Nix whose telephone number is (571)270-1972. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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.
/Nora T. Nix/Assistant Examiner, Art Unit 2891
/MATTHEW C LANDAU/Supervisory Patent Examiner, Art Unit 2891