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 .
Response to Arguments
Applicant's arguments filed 01/27/2025 have been fully considered but they are not persuasive. Applicant argues in page 7 of the Remarks that Li does not disclose a photonic crystal is formed by diodes.
Examiner emphasizes that first claims are device claims and therefore method steps would not be given patentable weight in device claims, second the claim does not use this language that “the photonic crystal are formed by diodes” as argued in the Remarks, and last disclosed photonic crystals by Li can be interpreted as the whole LED device altogether.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
It is not clear from the claim whether or not the “photonic crystal” is a separate physical element or just the specific formation of the LEDs array resulting the device being called a photonic crystal material. There are no further recitation of the limitation in the claim or the dependent claims which makes the limitation unclear.
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 1-3, 5-12 are rejected under 35 U.S.C. 103 as being unpatentable over Na et al. (US 20190371965 A1; hereinafter Na) in view of Li et al. (US 2016/0365392A1; hereinafter Li).
Regarding Claim 1, Na (Figs.1-11) discloses an optoelectronic device comprising an array (140, Fig.1, [0056]) of axial diodes (142, 148), each diode forming a resonant cavity having a standing electromagnetic wave forming therein ([0071], [0079], [0084]), each light-emitting diode comprising an active area (34, 54 are active area in LED 142 shown in fig.3A, [0065], [0071]) located substantially at the level of an extremum of the electromagnetic wave ([0031]-[0032]), the array configured to maximize the intensity of the electromagnetic radiation supplied by the diode array ([0058] that arrangement of 142 and 148 forms diode array configured to maximize the intensity of the electromagnetic radiation supplied by the diode array);
NA does not particularly disclose that the photonic crystal.
Li ([0057]) discloses in a related art an optoelectronics device that interchangeably uses light emitting diodes and photonic crystal array.
Therefore, it would have been obvious in the art before the effective filing of the application to have photonic crystal array to be able to select the present color that exit the LEDs to any desired color having a desired wavelength which is selected by the photonic crystal array (see [0057], and [0118]; see the response to argument above).
Regarding Claim 2, The device of claim 1, Na (Figs.1-11) discloses wherein the array (140) comprises a support (110; [0056]) having the diodes (142, 148) resting thereon, each diode comprising a stack of a first semiconductor region (32, 52 of diode 142; Fig.3A; [0066], [0068]) resting on the support (110; Fig.1), of the active area (34, 54) in contact with the first semiconductor region (32, 52), and of a second semiconductor region (36, 56 of diode 142) in contact with the active area (34, 54).
Regarding Claim 3, The device of claim 2, Na (Figs.1-11) discloses comprising a reflective layer (120/20; fig.1-3B) between the support (110; Fig.1) and the first regions (32, 52) of the diodes (142 or 148).
Regarding Claim 5, The device of claim 3, Na (Figs.1-11) discloses wherein the second regions (36, 56 of 142) of the diodes are covered with a conductive layer (SU in Fig.8A) at least partly transparent to the radiations emitted by the diodes ([0071] the light that is generated in the LEDs emits out and shown as L.sub.λ1; also see [0109]).
Regarding Claim 6, The device of claim 1, Na (Figs.1-11) discloses wherein the height (h) of at least one of the diodes (100) is substantially proportional to kλ/2n, where λ is the wavelength of the radiation emitted by the diode, k is a positive integer, and n is substantially equal to the effective refraction index of the diode in the considered optical mode ([0076], [0086] discloses that the refractive index of the diodes can be 0.5 and [0071]-[0072] and [0084] discloses that the thickness as shown in figs.3A-3B and 5A-5B is and integer multiple of the wavelength and therefore if we use 0.5 index in the claimed formula for thickness it ends up to be a positive integer multiple of wavelength and therefore is within the claimed range).
Regarding Claim 7, The device of any of claim 1, Na (Figs.8A-8B; [0096]) discloses wherein the diodes (142, 148) are separated by an electrically-insulating material (SU, 200, and also air gap work as an insulating material).
Regarding Claim 8, The device of any of claim 1, Na (Figs.1-11) discloses the array comprising at least first (142) and second (148) diode assemblies, the diodes of the first assembly having a same first height (heights of 142), the diodes of the second assembly having a same second height (heights of 148), the first and second heights being different (see Figs,1, 7, 8A-8B).
Regarding Claim 9, The device of claim 2, Na (Figs.1-11) discloses wherein, for at least one of the diodes (142), the first region (32, 52) of the diode comprises at least two portions (32, 52) separated by an etch stop layer (40; Fig.3A-3B; [0064] and [0069]).
Regarding Claim 10, The device of claim 9, Na (Figs.1-11) discloses wherein each etch stop layer (40) has a same thickness as the nanostructures and abstract, [0095], [0101] also discloses that the thickness of the nanostructures is smaller than the wavelength of the light emitted.
However, Na does not particularly disclose wherein the etch stop thickness is in the range from 1 to 200 nm.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to have an etch stop layer with any desired thickness since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 11, The device of claim 1, Na ([0102]-[0103]) discloses wherein the quotient of the pitch of the array to the wavelength of the supplied electromagnetic radiation is in the range from approximately 0.4 to approximately 0.92.
Regarding Claim 12, The device of any of claim 1, Na (abstract, [0056]) discloses wherein the diodes are light-emitting diodes or photodiodes.
3. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Na in view of Li in view of Atanackovic (US 2016/0149075 A1; hereinafter Atanackovic).
Regarding Claim 4, The device of claim 3, Na (Figs.1-11) discloses the reflective layer (107);
However Na and Li do not particularly disclose wherein the reflective layer is made of metal.
Atanackovic ([0207], [0208]) in a related art uses Aluminum which is a metal as a reflector layer.
Therefore, it would have been obvious in the art before the filing of the application to have a metal reflective layer such as the one disclosed by Atanackovic since aluminum is one of the best reflective layers known in the art that has low penetration depth and low loss of light ([0208]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAJAR KOLAHDOUZAN/ Examiner, Art Unit 2898
/AJAY OJHA/Supervisory Patent Examiner, Art Unit 2898 5/19/2025