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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/30/2025 and 02/05/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8 and 15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Abu-Ageel (US 2009/0050905 A1).
Regarding claim 1, Abu-Ageel teaches an optoelectronic component (310; Fig. 4B, [0032]), comprising: a µ-LED array (micro-guides 140 of Fig. 2A; Fig. 4B, [0031, 0028]) with at least one µ-LED (140; Fig. 4B, [0031, 0028]) which emits electromagnetic radiation (140 includes the active layer 30, i.e. the photon-emitting layer; Fig. 4B, [0031]) via a light emission surface (a horizonal surface along the top surface of 150B; see Fig. 4B below, [0032]); a photonic structure (150B; Fig. 1, [0032]) for beam-shaping of the electromagnetic radiation (beam-shaping by enhancing the extraction of light within a certain cone angle; [0032]) before exiting via the light emission surface (a horizonal surface along the top surface of 150B) in a main radiation direction (the upward direction in Fig. 4B), wherein the photonic structure (150B) is configured to shape a far field of the electromagnetic radiation (enhancing the extraction of light within a certain cone angle which would shape the far field of the radiation; [0032]); and a collimating optical system (micro-lens array150; Fig. 4B, [0032]) arranged downstream of the light emission surface (a horizonal surface along the top surface of 150B) as viewed in the main radiation direction (the upward direction in Fig. 4B), the collimating optical system (150) being configured to collimate the electromagnetic radiation (light emitted by the layer 30; [0031-0032]) in a second spatial direction (the horizontal direction in Fig. 4B according the curvature of 150 in Fig. 4B) orthogonal to a first spatial direction (the direction into the paper of Fig. 4B) and to the main radiation direction (the upward direction in Fig. 4B), wherein the first spatial direction (the direction into the paper of Fig. 4B) is orthogonal to the main radiation direction (the upward direction in Fig. 4B).
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[AltContent: connector][AltContent: textbox (Light emitting surface)]
Fig. 4B of Abu-Ageel showing the light emission surface as a dash line
Regarding claim 8, Abu-Ageel teaches the optoelectronic component according to claim 1, wherein the photonic structure (150B) is arranged in a first semiconductor layer (50 of epitaxial layer 20 of InGaAlP, a semiconductor layer; Fig. 4B, [0031, 0033]) below the light emission surface (a horizonal surface along the top surface of 150B), and/or (or) wherein the photonic structure is formed in a second semiconductor layer of an optoelectronic emitter unit, and/or (or) wherein the optoelectronic emitter unit comprises a converter material layer and the photonic structure is formed in the converter material layer or in a layer between the converter material layer and the light emission surface (Abu-Ageel teaches the first option: “wherein the photonic structure is arranged in a first semiconductor layer below the light emission surface”).
Regarding claim 15, Abu-Ageel teaches the optoelectronic component of claim 1, wherein the second spatial direction (the horizontal direction in Fig. 4B) is substantially orthogonal to the main radiation direction (the upward direction in Fig. 4B).
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.
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) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel as applied to claim 1 above, and further in view of Bergenek et al. (US 2012/0261642 A1).
Regarding claim 2, Abu-Ageel teaches the optoelectronic component according to claim 1, wherein the photonic structure (150B).
Abu-Ageel does not teach the photonic structure is a one-dimensional photonic crystal.
In the same field of endeavor of light emitting devices, Bergenek et al. teach the photonic structure (4; Fig. 2, [0050]) is a one-dimensional photonic crystal (Fig. 4A, [0057]).
Abu-Ageel teach all the claimed elements except that Abu-Ageel is using a two-dimensional photonic crystal ([0047]) for extracting more light at certain angles ([0032]) rather than a one-dimensional photonic crystal.
In the same field of endeavor of semiconductor manufacturing, Bergenek et al. teach using a one-dimensional photonic crystal (4; Figs. 2 and 4A, [0050, 0057]) for extracting more light at certain angles ([0040]).
One of ordinary skill in the art would have recognized that a two-dimensional photonic crystal and a one-dimensional photonic crystal are known equivalents for extracting more light at certain angles within the semiconductor art.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to substitute one know element (a two-dimensional photonic crystal) for another known equivalent element (a one-dimensional photonic crystal) resulting in the predictable result of extracting more light at certain angles (KSR rationales B).
Regarding claim 3, Abu-Ageel teaches the optoelectronic component according to claim 1, wherein the photonic structure (150B).
Abu-Ageel does not teach the photonic structure is formed as a one-dimensional photonic crystal, in such a way that the electromagnetic radiation is at least approximately collimated in the first spatial direction.
In the same field of endeavor of light emitting devices, Bergenek et al. teach the photonic structure (4; Fig. 2, [0050]) is formed as a one-dimensional photonic crystal (Fig. 4A, [0057]), in such a way that the electromagnetic radiation (light emitted by the active layer; [0040]) is at least approximately collimated (into a small solid angle range; [0040]) in the first spatial direction (the horizonal direction in Fig. 2).
Abu-Ageel teach all the claimed elements except that Abu-Ageel is using a two-dimensional photonic crystal ([0047]) for extracting more light at certain angles ([0032]) rather than a one-dimensional photonic crystal.
In the same field of endeavor of semiconductor manufacturing, Bergenek et al. teach using a one-dimensional photonic crystal (4; Figs. 2 and 4A, [0050, 0057]) for extracting more light at certain angles ([0040]).
One of ordinary skill in the art would have recognized that a two-dimensional photonic crystal and a one-dimensional photonic crystal are known equivalents for extracting more light at certain angles within the semiconductor art.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to substitute one know element (a two-dimensional photonic crystal) for another known equivalent element (a one-dimensional photonic crystal) resulting in the predictable result of extracting more light at certain angles (KSR rationales B).
Response to Arguments
Applicant’s amendments, filed 02/05/2026, overcome the rejections to claims 1-3, 8 and 15 under 35 U.S.C. 112. The rejections to claims 1-3, 8 and 15 under 35 U.S.C. 112 have been withdrawn.
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 3/2/2026