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 .
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 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.
Response to Arguments
Applicant’s reply filed on 12/16/2025 has been considered. Applicant’s amendments necessitated the shift in grounds of rejection detailed below. The shift in grounds of rejection renders Applicant’s arguments moot. Applicant's arguments have been fully considered but they are not persuasive for at least the following reasons:
Regarding claims 25 and 41:
Applicant arguments: Applicants respectfully submit that KANG does not disclose “a first semiconductor layer doped with a first polarity dopant and comprising a first part extending in a first direction and a second part connected to a side of the first part” ……………………….. and “wherein a diameter of the second part measured in a second direction perpendicular to the first direction is greater than a diameter of the first part measured in the second direction, and side surfaces of the second part are inclined”. Examiner disagrees.
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In response:
KANG discloses a first semiconductor layer doped with a first polarity dopant (Fig. [1], n-type first conductive semiconductor layers 110, Para [ 0056]) and comprising a first part (Fig. [1], annotated vertical arrow, upper portion of layer 110) extending in a first direction (vertical direction) and a second part (Fig. [1], annotated horizontal arrow, layer 110, bottom portion extending towards 140) connected to a side of the first part (Fig. [1], annotated vertical arrow, upper portion of layer 110);
wherein a diameter of the second part (Fig. [1], annotated horizontal arrow, layer 110, bottom portion extending towards 140) measured in a second direction (Horizonal direction) perpendicular to the first direction is greater than a diameter of the first part (Fig. [1], annotated vertical arrow, upper portion of layer 110) measured in the second direction ( horizontal direction), and side surfaces of the second part are inclined (Fig. [1], annotated horizontal arrow, layer 110, bottom portion extending towards 140).
Thus, the well-made rejection included in the 09/16/2025 Non-Final Office Action is proper and hereby made FINAL.
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 25-26, 28 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KANG et al (US 2018/0175104 A1; hereafter KANG).
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KANG annotated Fig. [1]:
Regarding claim 25. KANG discloses a light emitting device comprising:
a first semiconductor layer doped with a first polarity dopant (Fig. [1], n-type first conductive semiconductor layers 110, Para [ 0056]) and comprising a first part (Fig. [1], annotated vertical arrow, layer 110) extending in a first direction and a second part (Fig. [1], annotated horizontal arrow, layer 110) connected to a side of the first part (Fig. [1], annotated vertical arrow, layer 110);
a second semiconductor layer doped with a second polarity (Fig. [1], p-type second conductive semiconductor layer 130, Para [ 0056-0060]) dopant different from the first polarity dopant (Fig. [1], n-type first conductive semiconductor layers 110, Para [ 0056]);
an active layer (Fig. [1], active layer 120, Para [ 0056-0060]) between the first semiconductor layer (Fig. [1], n-type first conductive semiconductor layer 110, Para [ 0056]) and the second semiconductor layer (Fig. [1], p-type second conductive semiconductor layer 130, Para [ 0056-0060]); and
an insulating film (Fig. [1], insulating layer 140, Para [ 0059]) around an outer surface of at least the active layer (Fig. [1], active layer 120, Para [ 0056-0060]) and extends in the first direction (Fig. [1]), wherein a diameter of the second part (Fig. [1], annotated horizontal arrow, layer 110) measured in a second direction perpendicular to the first direction is greater than a diameter of the first part (Fig. [1], annotated vertical arrow, layer 110) measured in the second direction, and side surfaces of the second part are inclined (Fig. [1], annotated horizontal arrow, layer 110).
Regarding claim 26. KANG discloses the light emitting device of claim 25, KANG further discloses wherein the insulating film (Fig. [1], insulating layer 140, Para [ 0059]) is around an outer surface of the first part (Fig. [1], annotated vertical arrow, layer 110) of the first semiconductor layer (Fig. [1], annotated vertical arrow, layer 110), and the side surfaces of the second part are exposed (Fig. [1], annotated horizontal arrow, layer 110) without contacting the insulating film (Fig. [1], insulating layer 140, Para [ 0059]).
Regarding claim 28. KANG discloses the light emitting device of claim 26, KANG further discloses wherein the second part comprises an upper surface (Fig. [1], annotated horizontal arrow, layer 110) connected to the first part (Fig. [1], annotated vertical arrow, layer 110) and a lower surface (Fig. [1], annotated horizontal arrow, layer 110, lower surface) opposite the upper surface (Fig. [1], annotated horizontal arrow, layer 110), and a diameter of the lower surface of the second part is greater than a diameter of the upper surface (Fig. [1], annotated horizontal arrow, layer 110, upper surface).
Regarding claim 32. KANG discloses the light emitting device of claim 28, KANG further discloses wherein at least a part of the upper surface of the second part (Fig. [1], annotated horizontal arrow, layer 110, upper surface) contacts the insulating film (Fig. [1], insulating layer 140, Para [ 0059]).
Claim Rejection- 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 of this title, 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.
Claims 33, 41-43 and 48 are rejected under 35 U.S.C. 103 as being unpatentable over KANG et al (US 2018/0175104 A1; hereafter KANG).
Regarding claim 33. KANG discloses the light emitting device of claim 28, But KANG does not disclose explicitly wherein an included angle formed by the lower and the side surfaces of the second part is in a range of 65 to 80 degrees.
However, KANG discloses a light-emitting device that includes a plurality of rod-shaped LEDs disposed in each unit light-emitting area, (Fig 1, Para [ 0028]). In addition, interface of lower surface and side surface of semiconductor layer 110 shows close to angle 65 to 80.
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention of KANG teaching to have specific angle of the LED device for further advantage such as uniformly emits light in the respective unit light-emitting areas.
Examiner like to note that, applicant has not presented persuasive evidence that the claimed “wherein an included angle formed by the lower and the side surfaces of the second part is in a range of 65 to 80 degrees” is for a particular purpose that is critical to the overall claimed invention (i.e. the invention would not work without the specific claimed angle in a range of 65 to 80 degrees). Also, the applicant has not shown that the claimed “angle in a range of 65 to 80 degrees” produces a result that was new or unexpected enough to patentably distinguish the claimed invention over the cited prior art.
Regarding claim 41. KANG first embodiment discloses a display device comprising:
a substrate (Fig. [8E], substrate 301, Para [ 0094]);
a first electrode (Fig. [8E], electrode 350, Para [ 0096]) on the substrate (Fig. [8E], substrate 301, Para [ 0056]) and a second electrode (Fig. [8E], electrode 340, Para [ 0096]) spaced from the first electrode (Fig. [8E], electrode 350, Para [ 0096]); and
at least one light emitting device (Fig. [8E], light emitting device LD, Para [ 0096]) between the first electrode (Fig. [8E], electrode 350, Para [ 0096]) and the second electrode (Fig. [8E], electrode 340, Para [ 0096]) and electrically connected to the first electrode (Fig. [8E], electrode 350, Para [ 0096]) and the second electrode (Fig. [8E], electrode 340, Para [ 0096]), wherein the light emitting device (Fig. [8E], light emitting device LD, Para [ 0096]) extends in a first direction (Fig. [8E], light emitting device LD, Para [ 0096]).
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BUT KANG first embodiment does not disclose explicitly wherein a diameter of one end of the light emitting device measured in a second direction perpendicular to the first direction is smaller than a diameter of an other end of the light emitting device measured in the second direction.
However, KANG second embodiment discloses wherein a diameter of one end of the light emitting device measured in a second direction perpendicular to the first direction is smaller than a diameter of an other end of the light emitting device measured in the second direction (Fig.1, diameter of upper arrow and lower arrow of LED device or upper most portion diameter / lower arrow).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention of KANG first embodiment in light of KANG second embodiment teaching “wherein a diameter of one end of the light emitting device measured in a second direction perpendicular to the first direction is smaller than a diameter of an other end of the light emitting device measured in the second direction (Fig.1, diameter of upper arrow and lower arrow of LED device or upper most portion diameter / lower arrow)” to have LED device structure for further advantage such as uniformly emits light in the respective unit light-emitting areas.
Regarding claim 42. KANG disclose the display device of claim 41, KANG first embodiment further discloses (Fig. [1], n-type first conductive semiconductor layers 110, active layer 120 and p-type second conductive semiconductor layer 130) and an insulating film (Fig. [1], insulating layer 140, Para [ 0059]) around an outer surface of at least the active layer and extends in the first direction (Fig. [1], active layer 120, Para [ 0056-0060]).
But KANG first embodiment does not disclose explicitly wherein the light emitting device comprises: a first semiconductor layer comprising a first part extending in the first direction and a second part connected to a side of the first part; an active layer on the first semiconductor layer; a second semiconductor layer on the active layer; an electrode layer on the second semiconductor layer; and wherein a diameter of the second part measured in the second direction is greater than a diameter of the first part measured in the second direction, and side surfaces of the second part are inclined.
However, KANG second embodiment discloses wherein the light emitting device comprises:
a first semiconductor layer (Fig. [1], n-type first conductive semiconductor layers 110, Para [ 0056]) comprising a first part (Fig. [1], annotated vertical arrow, layer 110) extending in the first direction and a second part (Fig. [1], annotated horizontal arrow, layer 110) connected to a side of the first part (Fig. [1], annotated vertical arrow, layer 110); an active layer (Fig. [1], active layer 120, Para [ 0056-0060]) on the first semiconductor layer (Fig. [1], n-type first conductive semiconductor layers 110, Para [ 0056]); a second semiconductor layer (Fig. [1], p-type second conductive semiconductor layer 130, Para [ 0056-0060]) on the active layer (Fig. [1], active layer 120, Para [ 0056-0060]); an electrode layer Fig. [1], electrode layer 150, Para [ 0109]) on the second semiconductor layer (Fig. [1], p-type second conductive semiconductor layer 130, Para [ 0056-0060]); and wherein a diameter of the second part (Fig. [1], annotated horizontal arrow, layer 110) measured in the second direction is greater than a diameter of the first part (Fig. [1], annotated vertical arrow, layer 110) measured in the second direction, and side surfaces of the second part are inclined (Fig. [1], annotated horizontal arrow, layer 110).
Therefore, it would have been obvious to one of the ordinary skilled in the art before the effective filing date of the invention of KANG first embodiment in light of KANG second embodiment teaching to have LED device structure for further advantage such as uniformly emits light in the respective unit light-emitting areas.
Regarding claim 43. KANG discloses the display device of claim 42, KANG first embodiment further discloses further comprising a first contact electrode (Fig. [8E], electrode 320, Para [ 0110]) contacting the first electrode (Fig. [8E], electrode 350, Para [ 0096]) and the one end of the light emitting device (Fig. [8E], light emitting device LD, Para [ 0096]), and a second contact electrode (Fig. [8E], electrode 310, Para [ 0110]) contacting the second electrode (Fig. [8E], electrode 340, Para [ 0096]) and the other end of the light emitting device (Fig. [8E], light emitting device LD, Para [ 0096]).
Regarding claim 48. KANG disclose the display device of claim 43, KANG first embodiment further discloses wherein each of the first contact electrode (Fig. [8E], electrode 320, Para [ 0110]) and the second contact electrode (Fig. [8E], electrode 310, Para [ 0110]) partially contacts the insulating film (Fig. [1], insulating layer 140, Para [ 0059]) of the light emitting device (Fig. [8E], light emitting device LD, Para [ 0096]).
Allowable Subject Matter
Claims 27, 29-31 and 44-46 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is the Examiner's Reasons for Allowance:
The prior art fails to disclose and would not have rendered obvious:
Regarding claim 27. wherein a height of the second part is about 10% of a length of the light emitting device.
Regarding claim 29. The light emitting device of claim 28, wherein the diameter of the lower surface of the second part of the first semiconductor layer is 1.25 to 1.8 times the diameter of the first part of the first semiconductor layer.
Claim 30-31 are objected based on the dependency of claim 29.
Regarding claim 44. The display device of claim 43, wherein the second contact electrode contacts the second part of the first semiconductor layer and forms a first contact surface in contact with a lower surface of the second part and a second contact surface in contact with a side surface of the second part, and the first contact electrode contacts an upper surface of the electrode layer to form a third contact surface.
Claim 45-46 are objected based on the dependency of claim 44.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOIN M RAHMAN whose telephone number is (571)272-5002. The examiner can normally be reached 8:30-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio Maldonado can be reached at 571-272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOIN M RAHMAN/Primary Examiner, Art Unit 2898
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