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 .
Status of the Claims
Amendment filed 2 January 2026 is acknowledged. Claims 1-6 and 17-20 have been canceled. Claims 7, 8, and 13 have been amended. Claims 7-16 are pending.
Drawings & Specification
The amendments to the drawings and the title were received on 2 January 2026. These amendments to the drawings and the title are acceptable.
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.
Claims 7-9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. (US Patent Application Publication 2008/0023435, hereinafter Wu ‘435) in view of Lee et al. (US Patent Application Publication 2015/0349219, hereinafter Lee ‘219) and Chen et al. (US Patent Application Publication 2017/0154919, hereinafter Chen ‘919), all three of record.
With respect to claim 7, Wu ‘435 teaches (FIGs. 3 and 4) a method for manufacturing a display device substantially as claimed, the method comprising:
inserting a plurality of semiconductor light-emitting elements (34) into a chamber containing a fluid (40) ([0041]);
taking an assembly substrate (50) including assembly electrodes (48) extending in one direction to an assembly position on an upper portion (the assembly substrate 50 is on an upper portion when the chamber is viewed or oriented 180° from what is shown in FIG. 3) of the chamber ([0041]); and
seating the plurality of semiconductor light-emitting elements (34) on preset positions of the assembly substrate (50) using a magnetic field and an electric field ([0034]; claims 8 and 9),
wherein the plurality of semiconductor light-emitting elements (34) each includes a substrate layer (base of semiconductor light-emitting elements 34) on one side, and a plurality of electrodes (46) on another side, the plurality of semiconductor light-emitting elements having an asymmetric shape with respect to at least one direction of the substrate layer ([0041]),
wherein the assembly electrodes (48) form pair electrodes that are arranged in pairs ([0041]), and
wherein the plurality of semiconductor light-emitting elements (34) are seated such that an electrode (46) having at least a larger area of two different electrodes of each semiconductor light-emitting element overlaps an electric field formation region (portion of assembly substrate 50 between assembly electrodes 48) between the pair electrodes that arranged in pairs at the same time ([0041]).
Thus, Wu ‘435 is shown to teach all the features of the claim with the exception of:
wherein the preset positions are receiving groves;
wherein a length of a receiving groove in which a semiconductor light-emitting element is seated is longer than a length of the semiconductor light-emitting element; and
wherein the substrate layer is a sapphire layer.
However, Chen ‘919 teaches (FIGs. 6A-6D) seating a plurality of semiconductor light-emitting elements (20) in preset positions as receiving grooves (42), wherein a length of a receiving groove in which a semiconductor light-emitting element is seated is longer than a length of the semiconductor light-emitting element ([0027-0028]) to accommodate said semiconductor light-emitting elements and to orient electrodes to the desired facings ([0051]).
Further, Lee ‘219 teaches (FIG. 2) a sapphire as a suitable material for use as a substrate (21) in a light emitting device module ([0034]). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See MPEP 2144.07.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the preset positions of Wu ‘435 as receiving groves, wherein a length of a receiving groove in which a semiconductor light-emitting element is seated is longer than a length of the semiconductor light-emitting element as taught by Chen ‘919 to accommodate said semiconductor light-emitting elements and to orient electrodes to the desired facings; and to have formed the substrate layer of Wu ‘435 as a sapphire layer as taught by Lee ‘219 because sapphire is an art-recognized material suitable for the intended use as a substrate material.
With respect to claim 8, Wu ‘435 and Chen ‘919 teach (Wu ‘435, FIG. 4; Chen ‘919, FIGs. 6A-6D) wherein the two different electrodes includes a first conductive electrode (the smaller of 46 of Wu ‘435) and a second conductive electrode (the larger of 46 of Wu ‘435) having larger area than the first conductive electrode, wherein a first region (formed in receiving grooves 42 of Chen ‘919) in which the first conductive electrode overlaps the electric field formation region (portion of assembly substrate 50 between assembly electrodes 48 of Wu ‘435) indicate a state in which the semiconductor light-emitting element (34 of Wu ‘435) is incorrectly assembled on the assembly substrate (50), and wherein a second region (formed in receiving grooves 42 of Chen ‘919) in which the second conductive electrode overlaps the electric field formation region indicate a state in which the semiconductor light-emitting element is correctly assembled on the assembly substrate (Wu ‘435, [0041]; Chen ‘919, [0027-0028]).
With respect to claim 9, Wu ‘435 and Lee ‘219 teach wherein the sapphire layer (21 of Lee ‘219) has a polarization smaller than that of the fluid (40 of Wu ‘435) in a predetermined electric field frequency range (Wu ‘435, [0041]; Lee ‘219, [0034]). It is noted that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, claimed properties or functions are presumed to be inherent. In re Best, 195 USPQ 430, 433 (CCPA 1977). It has also been held that products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties Applicant discloses and/or claims are necessarily present. In re Spada, 15 USQP2d 1655, 1658 (Fed. Cir. 1990). In this case, the sapphire layer of Lee ‘219 would inherently have the property of a polarization smaller than that of the fluid in a predetermined electric field frequency range because the sapphire layer is made of sapphire, which is the same as the sapphire layer as disclosed.
With respect to claim 13, Wu ‘435, Lee ‘219, and Chen ‘919 teach the method as described in claim 7 above, but primary reference Wu ‘435 does not explicitly teach the additional limitation further comprising: transferring the plurality of semiconductor light-emitting elements seated on the receiving grooves of the assembly substrate to a transfer substrate; and transferring the plurality of semiconductor light-emitting elements transferred to the transfer substrate onto a substrate on which wiring is formed.
However, Chen ‘919 teaches (FIGs. 1B and 6A-6D) transferring a plurality of semiconductor light-emitting elements (20) seated on receiving grooves (42) of an assembly substrate (40) to a transfer substrate (46); and transferring the plurality of semiconductor light-emitting elements transferred to the transfer substrate onto a substrate (10) on which wiring is formed ([0021-0022, 0027, 0051]) to orient the electrodes to the desired facings ([0051]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the method of Wu ‘435, Lee ‘219, and Chen ‘919 further comprising: transferring the plurality of semiconductor light-emitting elements seated on the receiving grooves of the assembly substrate to a transfer substrate; and transferring the plurality of semiconductor light-emitting elements transferred to the transfer substrate onto a substrate on which wiring is formed as taught by Chen ‘919 to orient the electrodes to the desired facings.
Claims 10-12 and 14-16 rejected under 35 U.S.C. 103 as being unpatentable over Wu ‘435, Lee ‘219, and Chen ‘919 as applied to claim 8 above, and further in view of Shibata et al. (US Patent Application Publication 2013/0168708, hereinafter Shibata ‘708) of record.
With respect to claims 10-12 and 14-16, Wu ‘435, Lee ‘219, and Chen ‘919 teach the method as described in claim 8 above with the exception of the additional limitations wherein the pair electrodes include protrusions protruding from surfaces facing each other, respectively; wherein the protrusions of the assembly electrodes forming the pair electrodes have different protrusion lengths; wherein the protrusions include a first portion and a second portion extending in different directions, and wherein the protrusions alternatively protrude from the assembly electrodes forming the pair electrodes; wherein the protrusions are separated from each other by a gap, and wherein the gap is arranged to bisect at least one of the two different electrodes of each semiconductor light-emitting element; wherein the gap is arranged to bisect both of the two different electrodes of each semiconductor light-emitting element; and wherein the gap is arranged to bisect the two different electrodes of each semiconductor light-emitting element in different directions, respectively.
However, Shibata ‘708 teaches (FIGs. 38-44) teaches pair electrodes (1411 and 1412) including protrusions (1411A and 1412A) protruding from surfaces facing each other, respectively; wherein the protrusions of assembly electrodes forming the pair electrodes have different protrusion lengths (1412A is longer); wherein the protrusions include a first portion (one leg of the bend) and a second portion (another leg of the bend) extending in different directions, and wherein the protrusions alternatively protrude from the assembly electrodes forming the pair electrodes; and wherein the protrusions are separated from each other by a gap (space between 1411A and 1412A) ([0401-0403]) to improve the yield of the disposition of light-emitting elements ([0424]). When applied to the method of Wu ‘435, the gap (space between 1411A and 1412A of Shibata ‘708) would be arranged to bisect at least one of the two different electrodes (46 of Wu ‘435) of each semiconductor light-emitting element (34 of Wu ‘435) when assembled thereon; the gap would be arranged to bisect both of the two different electrodes of each semiconductor light-emitting element; and the gap would be arranged to bisect the two different electrodes of each semiconductor light-emitting element in different directions, respectively as claimed because of the bent arrangement of the protrusions.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the pair electrodes of Wu ‘435, Lee ‘219, and Chen ‘919 including protrusions protruding from surfaces facing each other, respectively; wherein the protrusions of the assembly electrodes forming the pair electrodes have different protrusion lengths; wherein the protrusions include a first portion and a second portion extending in different directions, and wherein the protrusions alternatively protrude from the assembly electrodes forming the pair electrodes; and wherein the protrusions are separated from each other by a gap such that the gap is arranged to bisect at least one of the two different electrodes of each semiconductor light-emitting element; such that the gap is arranged to bisect both of the two different electrodes of each semiconductor light-emitting element; and such that the gap is arranged to bisect the two different electrodes of each semiconductor light-emitting element in different directions, respectively as taught by Shibata ‘708 to improve the yield of the disposition of light-emitting elements.
Response to Arguments
Applicant’s amendments to the drawings and the title are sufficient to overcome the objections to the drawings and the title made in the non-final rejection filed 1 October 2025. The objections to the drawings and the title have been withdrawn.
Applicant’s amendments to claim 8 are sufficient to overcome the objection to claim 8 made in the non-final rejection filed 1 October 2025. The objection to claim 8 has been withdrawn.
Applicant’s amendments to claim 7 are sufficient to overcome the 35 U.S.C. 112(b) rejection of claims 7-16 made in the non-final rejection filed 1 October 2025. The 35 U.S.C. 112(b) rejection of claims 7-16 has been withdrawn.
Applicant’s arguments with respect to the 35 U.S.C. 103 rejection of amended claim(s) 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/C.M.R./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893