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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/3/2026 has been entered.
Claim Rejections - 35 USC § 102
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 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, 2, 4, 6-9, 25, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Applicant’s admitted prior art (AAPA).
Regarding claim 1, AAPA discloses an apparatus (Fig. 1 of the present Application), comprising:
a nucleation layer (see Fig. 1);
an ablation layer (see Fig. 1) formed on the nucleation layer, the ablation layer comprising a plurality of ablation layer apertures that expose the nucleation layer (an array of what is shown in Fig. 1 will contain a plurality of apertures such as seen in Fig. 1);
one or more dielectric layers (oxides and nitride in Fig. 1) formed on the ablation layer, the one or more dielectric layers comprising a plurality of dielectric layer apertures (see Fig. 1);
wherein individual ones of the plurality of dielectric layer apertures are disposed concentrically with individual ones of the plurality of ablation layer apertures, the individual ones of the plurality of dielectric layer apertures comprising at least one dielectric layer aperture (aperture of top oxide) that is larger than individual ones of the plurality of ablation layer apertures in a lateral direction that is planar to the nucleation layer and the ablation layer (See Fig. 1); and
a plurality of micro-light emitting diodes (GaN, only one of which is shown in Fig. 1), each of the micro-LEDs comprising a stem and a body (see Fig. 1);
wherein the stem of each of the micro-LEDs is formed through the individual ones of the plurality of ablation layer apertures and the individual ones of the plurality of dielectric apertures (see Fig. 1),
wherein the body of each micro-LEDs extends past the dielectric layer of the one or more dielectric layers that is most proximate to the respective body (see Fig. 1).
Regarding claim 2, AAPA further discloses a substrate (see Fig. 1), wherein the nucleation layer is formed on the substrate (see Fig. 1).
Regarding claim 4, AAPA further discloses wherein the ablation layer is comprises of a metal and nitrogen (¶ 0020).
Regarding claim 6, AAPA further discloses an adhesion layer (see Fig. 1) formed on each of the micro-LEDs;
a mirror layer (see Fig. 1) formed on the adhesion layer; and
a contact layer (See Fig. 1) formed on the mirror layer.
Regarding claim 7, AAPA further discloses a recipient substrate (top oxide in Fig. 1 which is considered a recipient substrate as it receives the mirror) adhered to the contact layer (via the mirror layer).
Regarding claim 8, AAPA further discloses wherein each of the micro-LEDs is formed from a compound that comprises gallium and nitrogen (see Fig. 1).
Regarding claim 9, AAPA further discloses wherein the bodies of each of the micro-LEDs comprise nano-pyramids (see Fig. 1).
Regarding claim 25, AAPA further discloses wherein the one or more dielectric layers comprises a first dielectric layer (nitride) and a second dielectric layer (top oxide),
the first dielectric layer is disposed between the ablation layer and the second dielectric layer (see Fig. 1),
apertures of the first dielectric layer are the same size as ablation layer apertures (see Fig. 1), and
apertures of the second dielectric layer are larger than ablation layer apertures (see Fig. 1).
Regarding claim 26, AAPA further discloses wherein the lateral direction is perpendicular to a vertical growth direction of the plurality of micro-LEDs (see Fig. 1).
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA as applied to claim 2 above, and further in view of Anderson et al. (US 2019/0237616 A1).
Regarding claim 3, AAPA differs from the claimed invention by not disclosing the composition of the nucleation layer. However, nucleation layers composed of gallium and nitrogen and the corresponding function was known in the art (claim 12 of Anderson). As such, it would have been obvious to one having ordinary skill in the art before the Application's effective filing date to have used a nucleation layer of gallium and nitrogen as taught by Anderson for the nucleation layer of AAPA and the results of the substitution would have been predictable. (see MPEP § 2143(I)(B)).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA as applied to claim 1 above, and further in view of Li et al. (US 2023/0275186 A1).
Regarding claim 5, AAPA differs from the claimed invention by not disclosing whether the oxide and nitride of the dielectric layers are silicon oxide and silicon nitride. However, dielectric layers of silicon oxide and silicon nitride and the corresponding function was known in the art (¶ 0023 of Li). As such, it would have been obvious to one having ordinary skill in the art before the Application's effective filing date to have used dielectric layers of silicon oxide and silicon nitride as taught by Li for the dielectric layers of AAPA and the results of the substitution would have been predictable. (see MPEP § 2143(I)(B)).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over AAPA as applied to claim 1 above.
Regarding claim 12, AAPA does not disclose that the apertures of the ablation layer are sized to a minimum size necessary for formation of each of the micro-LEDs.
However, it is a matter of routine experimentation to adjust the size of the aperture to determine what sizes successfully form micro-LEDs. As such, setting the aperture of the ablation layer to the minimum size necessary for formation of the micro-LED is obvious to one having ordinary skill in the art (MPEP 2144.05(II)(A)).
Response to Arguments
Applicant's arguments filed 2/3/2026 have been fully considered but they are not persuasive.
Applicant’s arguments are directed to the prior mapping of AAPA. However, AAPA also discloses the currently presented version of claim 1, as discussed in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER A CULBERT whose telephone number is (571)272-4893. The examiner can normally be reached M-F 9-5.
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/CHRISTOPHER A CULBERT/Examiner, Art Unit 2815