DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 30, 2025 has been entered.
Response to Arguments
RE: the rejection of claim(s) under 35 USC 103, Applicant’s arguments and/or amendments have been fully considered but further search and consideration has prompted the new grounds of rejection presented herein.
Please Note:
The examiner would welcome a request for interview to discuss strategies for amending the claims with the goal of: overcoming the rejections under 35 USC 103; and further determining amendments that would overcome the prior art of record while ensuring that the invention is clearly recited in a manner that is not overly limiting. As best understood by the examiner, there are unclaimed features in the instant application that would overcome the prior art of record as applied.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature “a side surface of the second insulating pattern having a concavo-convex shape” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The instant application does not define the terminology “concavo-convex.” However, the terminology “concavo-convex” has been defined as “concave on one side and convex on the other,” and “having the concave side curved more than the convex” (see definitions 1 and 2 by Merriam-Webster’s dictionary at https://www.merriam-webster.com/dictionary/concavo-convex, accessed on January 24, 2026). Similarly, “concavo-convex” has been defined as “having one side concave and the other side convex” and “(of a lens) having a concave face with greater curvature than the convex face” (see definitions 1 and 2 by the Collins dictionary available at https://www.collinsdictionary.com/dictionary/english/concavo-convex, accessed on January 24, 2026.
The terminology “concave” has been defined as “hollowed or rounded inward like the inside of a bowl” (see definition 1 by Merriam-Webster’s dictionary available at < https://www.merriam-webster.com/dictionary/concave>, accessed no January 24, 2026.) The terminology “convex” has been defined as “curved or rounded outward like the exterior of a sphere or circle” (see definition 1 by Merriam-Webster).
Accordingly, under a broad reasonable interpretation in view of the above definitions, one skilled in the art may consider a “concavo-convex” shape to include curved or rounded features. However, in the drawings of the instant application, the second insulating pattern INP2 is not shown to include curved or rounded features, see FIG. 8 for example. Instead, FIG. 8 of the instant application shows INP2 having flat top, bottom, and side surfaces.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-14 are 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.
Claim 1 includes “a side surface of the second insulating pattern having a concavo-convex shape” and the terminology “concavo-convex shape” is indefinite for the following reasons.
The instant application does not define the terminology “concavo-convex.”
However, the terminology “concavo-convex” has been defined as “concave on one side and convex on the other,” and “having the concave side curved more than the convex” (see definitions 1 and 2 by Merriam-Webster’s dictionary at https://www.merriam-webster.com/dictionary/concavo-convex, accessed on January 24, 2026). Similarly, “concavo-convex” has been defined as “having one side concave and the other side convex” and “(of a lens) having a concave face with greater curvature than the convex face” (see definitions 1 and 2 by the Collins dictionary available at https://www.collinsdictionary.com/dictionary/english/concavo-convex, accessed on January 24, 2026.
The terminology “concave” has been defined as “hollowed or rounded inward like the inside of a bowl” (see definition 1 by Merriam-Webster’s dictionary available at < https://www.merriam-webster.com/dictionary/concave>, accessed no January 24, 2026.) The terminology “convex” has been defined as “curved or rounded outward like the exterior of a sphere or circle” (see definition 1 by Merriam-Webster).
Accordingly, under a broad reasonable interpretation in view of the above definitions, one skilled in the art would may consider a “concavo-convex shape” to include curved or rounded features, though such curved or rounded features are not shown in the drawings of the instant application.
As the instant application describes the second insulating pattern INP2 may have a concavo-convex shape, [0178], and FIG. 8 for example shows the second insulating pattern INP2 forming protrusions, in light of the specification and the drawings, the limitation above may be interpreted to mean that the side surface of the second insulating pattern has protrusions.
In the same field of endeavor, the reference US 20180254380 A1 (“Muroo”) discloses a concavo-convex structure 20, [0106]. The concavo-convex structure is shown in FIG. 2 to include flat acute angled surfaces and no curved or rounded surfaces. FIG. 2 however shows the structure 20 forming protrusions.
In the same field of endeavor, the reference US 20160056352 A1 (“Koike”) discloses concavo-convex structure 20 comprised of convex portions 20a and concave portion 20b, and the convex portions 20a and concave portion 20b, [0125]. FIGs. 2-5 show the concavo-convex structure 20 having curved portions 20a and flat “concave” portions 20b. FIGs. 2-5 show structure 20 forming protrusions.
Moreover, in the same field of endeavor, the reference US 20090001407 A1 (“Osawa”) discloses layer 17 shown in FIG. 1 has a concavo-convex surface on at least a part of the surface thereof as the underlying titanium oxide-based conductive film 15 is formed with the concavo-convex surface (refer to convex parts 15a) and further the translucent conductive film 16 is formed with the concavo-convex surface, [0101]. FIG. 1 shows the layers 17 and 15 with no rounded or curved surfaces. FIG. 1 shows the layer 17 forming protrusions.
Accordingly, there appears to be no general consensus on the meaning of “concavo-convex” in the prior art in and its dictionary definition, and in the prior art “concavo-convex” structures have different shapes. Since “concavo-convex” structures in the prior art all have protrusions, and since the second insulating pattern INP2 in the drawings of the instant application has protrusions, for the purposes of examination, the limitation “a side surface of the second insulating pattern having a concavo-convex shape” will be interpretated to mean “a side surface of the second insulating pattern having protrusions.”
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20160118543A1 (“Lim”) in view of US20200274328A1 (“Park”), further in view of US 20180219131 A1 (“Park-2”), further in view of US20090146168A1 (“Kwon”).
RE: Claim 1, Lim discloses A display device (100A, FIGs. 1-2, [0014]-[0024]) comprising:
a first electrode (formed by 132, 142, [0019], FIG. 2) and a second electrode (formed by 134,144, [0019]) that are spaced from each other (FIG. 2 shows 132, 142 is spaced from 134, 144);
a light emitting element (170 including 172, 174, and 176, [0024]) between the first electrode and the second electrode (FIG. 2 shows a bottom portion of 176 of 170 is between 142 and 144);
a first connecting electrode (162, [0034]) contacting the first electrode and a first end of the light emitting element;
a second connecting electrode (164, [0037]) contacting the second electrode and a second end of the light emitting element;
a first insulating pattern (154) between the first connecting electrode and the second connecting electrode, the first insulating pattern being above the light emitting element (When 100A is turned upside down, 154 would be above 170).
Lim does not explicitly disclose a second insulating pattern comprising two or more first inorganic layers and two or more second inorganic layers having different widths in a direction parallel to a length of the light emitting element and alternately stacked with each other along a direction perpendicular to the length of the light emitting element between the first connecting electrode and the second connecting electrode,
the second insulating pattern being above the first insulating pattern and a side surface of the second insulating pattern having a concavo-convex shape.
However, Lim discloses The first insulation layers 152, 154 and 156 may be configured into a Distributed Bragg Reflector (DBR). In this case, the DBR may perform an insulation function and/or may perform a reflection function, [0059].
Lim further discloses The DBR may be configured in a manner such that a first layer and a second layer, which have different indices of refraction, are alternately stacked one above another at least once. The DBR may be an electrical insulation material. The first layer may include a first dielectric layer such as TiO2, and the second layer may include a second dielectric layer such as SiO2. The DBR may take the form of a stack of at least one pair of TiO2/SiO2 layers, [0060].
Lim further discloses the first insulation layer 154 may be configured such that the first-first insulation layer 154-1 and the first-second insulation layer 154-2 are repeatedly stacked one above another, [0045].
Lim further discloses Each of the at least two layers constituting each of the first insulation layers 152, 154 and 156 may comprise at least one of SiO2, Si3N4, [0047].
In the same field of endeavor, Park discloses The upper mirror reflectivity can also vary, but generally it is larger than 99%, while that of the bottom DBR is generally larger than 99.9%. To reach this reflectivity range generally requires at least three pairs of alternating SiO2/a-Si or other DBR materials, [0065].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to increase the number of layers in the insulation layer 154, which includes at least one pair of Si3N4, SiO2 layers, to result in at least three pairs of alternating DBR stacked layers Si3N4, SiO2 layers as taught by Park in order to achieve a higher reflectivity.
As a result, a first pair of insulation layers of Si3N4, SiO2 of 154 closest to the light emitting structure 170 would correspond to the claimed first insulation pattern; the second and third pairs of insulation layers of Si3N4, SiO2 of 154 more distant from the light emitting structure 170 would correspond to the claimed second insulation pattern, and would comprise two first inorganic layers of SiO2, and two second inorganic layers of Si3N4 alternately stacked with each other along a vertical direction perpendicular to the horizontal length of the light emitting element 170 between the first and second connecting electrodes 162, 164.
In the same field of endeavor, Park-2 discloses The first reflection layer according to the eleventh embodiment may include a first dielectric layer and a second dielectric layer. The first dielectric layer may have a refractive index less than that of the second dielectric layer. The first dielectric layer may be SiO2 (n=1.4), and the second dielectric layer may be SiN (n=2.0). Here, n is a refractive index. The first reflection layer may be designed to realize high reflexibility in a wavelength band of 720 nm or more. The first dielectric layer may have a thickness of 140 nm to 160 nm, and the second dielectric layer may have a thickness of 90 nm to 110 nm. The thickness of each of the first and second dielectric layers may be set to have high reflexibility at an infrared red wavelength, [0317].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of the first inorganic layers of SiO2 (which is silicon oxide) to be 140 nm and modify the thickness of the second inorganic layers of Si3N4 (which is silicon nitride) to have a thickness of 110 nm as taught by Park-2 in order to achieve high reflexibility at an infrared wavelength.
As a result, since the two first inorganic layers of SiO2 and the two second inorganic layers of Si3N4 would have different thicknesses and therefore different widths as measured in the horizontal direction parallel to the horizontal length of 170 in FIG. 2 of Lim.
When 100A is turned upside down, the second and third pairs of insulation layers of 154 (including the two first and two second inorganic layers) would be positioned above the first insulation pattern of 154 adjacent to the light emitting element 170.
In the same field of endeavor, Kwon discloses The LED shown in FIG. 1 includes the convex-concave portions 17 having the reflective layer 19 and the insulation layer 12 configured in the stepped convex-concave shape. When a voltage is applied to the anode 11 and the cathode 16, the convex-concave portions 17 reflects light emitted from the active layer 14, thereby increasing light efficiency. In other words, the convex-concave portions 17 can further reflect the light emitted at an angle less than a critical angle, thereby improving an entire light efficiency, [0021].
Kwon further discloses Even though three reflective layers 19 are provided in the above embodiment, the number of the reflective layers 19 may increase or decrease depending on characteristics and production cost of the desired device, [0022].
FIG. 1 of Kwon shows the side surfaces of the insulation layer and the reflective layer 19 each having protrusions along a sidewall of the light emitting element (combination of 13, 14 15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second and third pairs of insulation layers of 154 to have convex-concave portions as taught by Kwon in order to improve light emitting efficiency. As a result, the side surface of the second and third pairs of insulation layers of 154 would have protrusions.
RE: Claim 2, Lim in view of Park, Park-2, Kwon discloses The display device of claim 1, wherein a width of a first inorganic layer of the first inorganic layers is greater than a width of a second inorganic layer of the second inorganic layers (As modified, the first inorganic layers of SiO2 would each have a thickness/width of 140 nm, the second inorganic layers of Si3N4 would each have a thickness/width of 110 nm).
RE: Claim 3, Lim in view of Park, Park-2, Kwon discloses The display device of claim 2, wherein the width of the first inorganic layer is less than a width of the light emitting element (FIG. 2 of Lim shows the thickness / horizontal width of 154 is smaller than the horizontal width of 172 as 172 is on either side of 154. As modified, the thickness / horizontal width of 154 and any layer thereof, including the width of the first inorganic layer SiO2, would still be smaller than the horizontal width of 172).
RE: Claim 4, Lim in view of Park, Park-2, Kwon discloses The display device of claim 3, wherein the first inorganic layer comprises silicon oxide, and wherein the second inorganic layer comprises silicon nitride (As modified, the first inorganic layer is SiO2 which is silicon oxide, and the second inorganic layer is Si3N4 which is silicon nitride).
RE: Claim 5, Lim in view of Park, Park-2, Kwon discloses The display device of claim 4, further comprising a conductive pattern (In Lim FIG. 2: 122 and/or 124; 122, 124 are made of metal, [0017]) on a side surface of the first inorganic layer (When 100A is flipped upside down, 122 and/or 124 would be on the side surface of 154 and therefore on the side surface of the first inorganic layer SiO2).
RE: Claim 6, Lim in view of Park, Park-2, Kwon discloses The display device of claim 5, wherein the conductive pattern does not contact the second inorganic layer (FIG. 2 of Lim shows 122 and/or 124 does not directly contact any layer of 154 and therefore would not directly contact the second inorganic layer Si3N4 of 154).
RE: Claim 7, Lim in view of Park, Park-2, Kwon discloses The display device of claim 6, wherein the conductive pattern is separated from the first connecting electrode and the second connecting electrode (FIG. 2 of Lim shows 122 and/or 124 is separated from 162, 164).
Claims 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Park, in view of Park-2, in view of Kwon as applied to claim 7, and further in view of US 20190312188 A1 (“Kayama”).
RE: Claim 8, Lim in view of Park, Park-2, Kwon does not explicitly disclose The display device of claim 7, wherein the conductive pattern comprises a same material as the first connecting electrode and the second connecting electrode.
However, Lim discloses each of the first and second contact layers 162 and 164 may be formed of a metal, e.g., Ag, [0037]). Ag is the chemical symbol for silver.
In the same field of endeavor, Kayama discloses The lead frame 11 is composed of a flat plate of aluminum, gold, silver, nickel, [0027].
Accordingly, before the effective filing date of the claimed invention, there was a need to select the material for the lead frames 122, 124 in Lim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lead frames 122, 124 to be made out of silver (Ag) as this would have been obvious to try since silver is one solution for material in a lead frame identified by Kayama, and this would have had a reasonable expectation of success, see MPEP 2143. As a result, each of the first and second connecting electrodes 162, 164, and the lead frames 122, 124 would comprise the same material, silver.
RE: Claim 9, Lim in view of Park, Park-2, Kwon, Kayama discloses The display device of claim 8, wherein the first connecting electrode contacts a first side of the first insulating pattern, and wherein the second connecting electrode contacts a second side of the first insulating pattern (The term “contacts” is not defined in the instant specification. However, in the same field of endeavor, the reference US 20140217370 A1 discloses when an element is simply referred to as being "connected to" or "contacted to" another element, it may be "directly connected to" or "directly contacted to" another element or intervening elements may also be present, [0040], and it may be understood that when an element is referred to as being "directly connected to" or "directly contacted to" another element, there are no intervening elements present, [0041]; Similarly, in the same field of endeavor, the reference US 20090315061 A1 discloses when an element or layer is referred to as being "on," "contacting," "connected to" or "coupled to" another element or layer, it can be directly on, contacting, connected or coupled to the other element or layer or intervening elements or layers may be present. In contrast, when an element is referred to as being "directly on," "directly contacting," "directly connected to" or "directly coupled to" another element or layer, there are no intervening elements or layers present, [0030]; Accordingly, under a broad reasonable interpretation, in FIG. 2 of Lim the first connecting electrode 162 contacts a first side of each layer in 154, including the first pair of insulation layers of 154 adjacent to 170, even though there are intervening layers of 154 between 162 and the first pair of insulation layers of 154 adjacent to 170; FIG. 2 shows when 100A is upside down, 164 would either contact or directly contact a second side of the layers of 154 closest to 170, i.e., the first pair of insulation layers of 154).
RE: Claim 10, Lim in view of Park, Park-2, Kwon, Kayama discloses The display device of claim 9, wherein the first insulating pattern exposes the first end and the second end of the light emitting element (FIG. 2 of Lim shows 154 exposes the first end of 170 to 162 so that 170 directly contacts 162, and 154 exposes the second end of 170 to 164 so that 170 directly contacts 164; Accordingly, the first pair of insulation layers of 154 exposes the first end of 170 to 162, and exposes the second end of 170 to 164).
RE: Claim 11, Lim in view of Park, Park-2, Kwon, Kayama discloses The display device of claim 10, wherein the first insulating pattern comprises an inorganic insulating material (As modified, the first insulation pattern would include the first pair of insulating layers of Si3N4, SiO2 which are inorganic materials).
Claims 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim in view of Park, in view of Park-2, in view of Kwon, in view of Kayama as applied to claim 10, further in view of US 20170141260 A1 (“Chen”).
RE: Claim 12, Lim in view of Park, Park-2, Kwon, Kayama does not explicitly disclose The display device of claim 10, wherein the first insulating pattern comprises an organic insulating material.
However, in the same field of endeavor, Chen discloses When the first insulating layer 20a includes multiple layers, the first insulating layer 20a includes two or more layers having different refractive indexes alternately stacked to form a Distributed Bragg reflector (DBR), which can selectively reflect light of a specific wavelength. The first insulating layer 20a is formed of a non-conductive material and comprises organic material, such as Su8, benzocyclobutene (BCB), perfluorocyclobutane (PFCB), epoxy resin, acrylic resin, cyclic olefin polymers (COC), polymethylmethacrylate (PMMA), polyethylene terephthalate (PET), polycarbonate (PC), polyetherimide, fluorocarbon polymer, or inorganic material, such as silicone, glass, or dielectric material, such as aluminum oxide (Al.sub.2O.sub.3), silicon nitride (SiN.sub.x), silicon oxide (SiO.sub.x), titanium oxide (TiO.sub.x), or magnesium fluoride (MgF.sub.x), [0031].
Chen further discloses When the second insulating layer 50a includes multiple layers, the second insulating layer 50a comprises two or more layers having different refractive index materials alternately stacked to form a Distributed Bragg reflector (DBR), which can selectively reflect light of a specific wavelength. The second insulating layer 50a is formed of a non-conductive material comprising organic material, such as Su8, benzocyclobutene (BCB), perfluorocyclobutane (PFCB), epoxy resin, acrylic resin, cyclic olefin polymers (COC), polymethylmethacrylate (PMMA), polyethylene terephthalate (PET), polycarbonate (PC), polyetherimide, fluorocarbon polymer, or inorganic material, such as silicone, glass, or dielectric material, such as aluminum oxide (Al.sub.2O.sub.3), silicon nitride (SiN.sub.x), silicon oxide (SiO.sub.x), titanium oxide (TiO.sub.x), or magnesium fluoride (MgF.sub.x), [0038].
FIG. 9A of Chen shows the insulating layer 50a directly on insulating layer 20a. Accordingly, Chen teaches that a first distributed Bragg reflector made of inorganic insulating material can be stacked on and combined with a second distributed Bragg reflector made of organic insulating material.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first pair of insulating layers of Si3N4, SiO2 adjacent to the light emitting element 170 in FIG. 2 of Lim with organic insulating layers of benzocyclobutene (BCB), epoxy resin, acrylic resin as taught by Chen since Chen teaches these are all insulating materials used in a distributed Bragg reflector, and the results of the substitution would have been predictable, see MPEP 2143.
RE: Claim 13, Lim in view of Park, Park-2, Kwon, Kayama, Chen discloses The display device of claim 12, wherein the first connecting electrode and the second connecting electrode comprise a same material (Lim discloses each of the first and second contact layers 162 and 164 may be formed of a metal, e.g., Ag, [0037]).
RE: Claim 14, Lim in view of Park, Park-2, Kwon, Kayama, Chen discloses The display device of claim 13, wherein the first connecting electrode and the second connecting electrode are at a same layer (FIG. 2 of Lim shows 162, 164 are at a same layer 154).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ANGUIANO whose telephone number is (703)756-1226. The examiner can normally be reached Monday through Friday.
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/MICHAEL ANGUIANO/Examiner, Art Unit 2899
/Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899