DETAILED ACTION
This office action is in response to amendment filed 3/3/2026.
Claims 1 and 3-18 are pending. Claim 2 has been canceled. Claims 8-15 and 17 have been withdrawn. Claims 1, 4-8, and 15-16 have been amended.
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.
(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.
Claims 1, 3-7, 16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kishino et al. US 2011/0169025 A1 (Kishino).
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In re claim 1, Kishino discloses (e.g. FIGs. 1, 4 & 24) an optoelectronic device (¶ 45) based on gallium nitride (GaN) (¶ 51,56) comprising:
first and second pluralities of three-dimensional (3D) structures 23G,23R, each 3D structure 23 of the first and second pluralities of 3D structures 23G,23R comprising a pyramid (upper tip portion of 20+21, see portion extracted from FIG. 1D above) made of a first InGaN- based material (“made of” is interpreted to mean “comprising” and does not exclude other constituent material in the pyramid, at least layer 21 of the pyramid is InGaN, ¶ 56) formed from a planar substrate 11, and
a wire 20 (remaining lower portion of 20 below the pyramid, see FIG. 4) made of a second GaN-based material (¶ 51), different from the first material InGaN-based material (¶ 56), said wire 20 extending in a longitudinal direction (vertical direction in drawing) perpendicular to a plane of the substrate 11 between said substrate 11 and a base (bottom) of the InGaN-based pyramid (tip portion of 20+21),
wherein said first and second pluralities of 3D structures 23G,23R respectively having first and second separation distances ds1,ds2 between wires (e.g. ds1 between two select nanocolumns in group 23G, and ds2 between two select nanocolumns in group 23R see FIG. 24 annotated above), and first and second diameters Φ1, Φ2 of wires (Φ1 being diameters of nanocolumns 23R, Φ2 being diameters of nanocolumns 23R), such that ds1 < ds2 and Φ1 > Φ2 (see FIG. 24 annotated above), said first and second pluralities of 3D structures 23G,23R emitting a light radiation having respectively first and second wavelengths λ1, λ2 (23R emitting red light λ1, 23G emitting green light λ2) such that λ1 > λ2 (FIGs. 5-7, ¶ 95),
wherein the GaN-based wire 20 comprises (see FIG. 1D) a base (bottom) resting on the planar substrate 11, and a top 202 supporting the base (bottom) of the InGaN-based pyramid (tip portion of 20+21), said top 202 being surrounded by an InGaN-based collar (bottom portion of 21, ¶ 56) forming with the InGaN-based pyramid (tip portion of 20+21) a cap (entirety of 21+upper tip portion of 20) covering the top 202 of the GaN-based wire 20.
In re claim 3, Kishino discloses (e.g. FIG. 1D see annotated above) wherein the base (bottom) of the InGaN-based pyramid (tip portion of 20+21) is substantially parallel to the plane of the substrate 11 (the base of the pyramid corresponding to a lower end of tip portion of the 20+21 is considered to be substantially parallel to the plane of the substrate).
In re claim 4, Kishino discloses (e.g. FIG. 1D see annotated above) wherein the InGaN-based pyramid (tip portion of 20+21) has a base diameter Φp (e.g. corresponding to lateral width at the bottom of tip portion 20+21) and the wire 20 (including top 202) has a diameter Φ, the diameter Φ of the wire (e.g. at top 202) being less than the base diameter Φp (of the pyramid formed tip portion of 20+21).
In re claim 5, Kishino discloses (e.g. FIG. 1D) wherein each 3D structure 23 further comprises an active InGaN-based region (upper InGaN layers of InGaN/GaN MQW, ¶ 56) on at least one face of the InGaN-based pyramid (lower InGaN layer of InGaN/GaN MQW), said active region being configured to emit light radiation (¶ 58).
In re claim 6, Kishino discloses (e.g. FIGs. 19 & 22) wherein the 3D structures 23 of the first plurality 23R are spaced from each other by the separation distance ds1 less than or equal to 650 nm (e.g. period of 269 nm for emission wavelength of 643 nm (red), ¶ 126, the distance being period minus the diameter of the wire would be even less), and wherein the 3D structures 23 of the second plurality 23G are spaced from each other by the separation distance ds2 less than or equal to 650 nm (e.g. period of 400 nm for emission wavelength of 508 nm (green), ¶ 121, the distance being period minus the diameter (e.g. 190nm, ¶ 122) of the wire would be even less).
In re claim 7, Kishino discloses (e.g. FIG. 24) comprising at least the first and second pluralities of 3D structures and a third pluralities of 3D structures 23R,23G,23B respectively having the first and second separation distances ds1 and ds2, and a third separation distance ds3 and the first and second diameters Φ1 and Φ2 of wires, and a third diameter Φ3 of wires such that ds1<ds2 <ds3 (see annotated FIG. 24 above) and/or Φ1>Φ2>Φ3, said first, second and third pluralities of 3D structures 23R,23G,23B emitting light radiation respectively having the first and second wavelengths λ1 (red) and λ2 (green), and a third wavelength λ3 (blue) such that λ1> λ2> λ3 (red light wavelength λ1 is greater than green light wavelength λ2 which is greater than blue light wavelength λ3).
In re claim 16, Kishino discloses (e.g. FIGs. 19 & 22) wherein the 3D structures 23 of the first plurality 23R are spaced from each other by the separation distance ds1 less than or equal to 300 nm (e.g. period of 269 nm for emission wavelength of 643 nm (red), ¶ 126, the distance being period minus the diameter (e.g. 190 nm, ¶ 122) of the wire would be 269 nm - 190 nm = 79 nm), and wherein the 3D structures 23 of the second plurality 23G are spaced from each other by the separation distance ds2 less than or equal to 300 nm (e.g. period of 400 nm for emission wavelength of 508 nm (green), ¶ 121, the distance being period minus the diameter (e.g. 190nm, ¶ 122) of the wire would be 400 nm - 190 nm = 210 nm).
In re claim 18, Kishino discloses (e.g. FIG. 1D) wherein the InGaN-based pyramid (tip of 20+21) comprises faces and the InGaN-based collar (lower portion of 21) comprises facets as a continuation of the faces of the InGaN-based pyramid (tip of 20+21).
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 1, 3-7, 16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kryliouk et al. US 2014/0077220 A1 (Kryliouk) in view of Kishino.
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In re claim 1, Kryliouk discloses (e.g. FIG. 1) an optoelectronic device based on gallium nitride (GaN) (¶ 22) comprising:
a plurality of three-dimensional (3D) structures 1 (¶ 18, see array in FIG. 4e), each 3D structure 1 of the plurality of 3D structures comprising a pyramid (top portion of 3 above 2, see FIG. 1 annotated above) made of a first InGaN- based material (¶ 23) formed from a planar substrate 8, and
a wire 2 made of a second GaN-based material (¶ 23), different from the first material InGaN-based material, said wire 2 extending in a longitudinal direction (vertical direction in drawing) perpendicular to a plane of the substrate 8 between said substrate 8 and a base (bottom) of the InGaN-based pyramid (top portion of 3),
wherein the GaN-based wire 2 comprises a base (bottom) resting on the planar substrate 8, and a top supporting the base (bottom) of the InGaN-based pyramid (top portion of 3), said top being surrounded by an InGaN-based collar (bottom portion of 3, ¶ 23) forming with the InGaN-based pyramid (top portion of 3) a cap (entirety of 3) covering the top of the GaN-based wire 2.
Kryliouk discloses an array of 3D structures 1 are used to form LED devices (¶ 17-18). Kryliouk does not explicitly disclose first and second pluralities of 3D structures respectively having first and second separation distances between wires, and first and second diameters Φ1, Φ2 of wires, such that ds1 < ds2 and Φ1 > Φ2, said first and second pluralities of 3D structures 23G,23R emitting a light radiation having respectively first and second wavelengths λ1, λ2 such that λ1 > λ2,
However,
Kishino discloses (e.g. FIGs. 1, 4 & 24) an optoelectronic device (¶ 45) based on gallium nitride (GaN) (¶ 51,56) comprising:
first and second pluralities of three-dimensional (3D) structures 23G,23R, each 3D structure 23 of the first and second pluralities of 3D structures 23G,23R comprising a pyramid top on a nanocolumn wire. Kishino further discloses the first and second pluralities of 3D structures 23G,23R respectively having first and second separation distances ds1,ds2 between wires (e.g. ds1 between two select nanocolumns in group 23G, and ds2 between two select nanocolumns in group 23R see FIG. 24 annotated above), and first and second diameters Φ1, Φ2 of wires (Φ1 being diameters of nanocolumns 23R, Φ2 being diameters of nanocolumns 23R), such that ds1 < ds2 and Φ1 > Φ2 (see FIG. 24 annotated above), said first and second pluralities of 3D structures 23G,23R emitting a light radiation having respectively first and second wavelengths λ1, λ2 (23R emitting red light λ1, 23G emitting green light λ2) such that λ1 > λ2 (FIGs. 5-7, ¶ 95). Kishino teaches arrangements of the plurality of arrays of nanocolumns 23R,23B,23R emitting different colors that are combined for forming a white light emitting diode (¶ 146).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange multiple arrays of nanocolumn LEDs for emitting different colors to make a white light emitting diode as taught by Kishino. A white LED is desired for its use to replace convention white light sources as is known in the art.
In re claim 3, Kryliouk discloses (e.g. FIG. 1 see annotated above) wherein the base (bottom) of the InGaN-based pyramid (top portion of 3) is substantially parallel to the plane of the substrate 8.
In re claim 4, Kryliouk discloses (e.g. FIG. 1 see annotated above) wherein the InGaN-based pyramid (top portion of 3) has a base diameter Φp (e.g. corresponding to lateral width at the bottom of top portion 3) and the wire 2 has a diameter Φ, the diameter Φ of the wire 2 being less than the base diameter Φp.
In re claim 5, Kryliouk discloses (e.g. FIG. 1) wherein each 3D structure 1 further comprises an active InGaN-based region 4 (¶ 23) on at least one face of the InGaN-based pyramid (top portion of 3), said active region 4 being configured to emit light radiation (active region 4, ¶ 23).
In re claim 6, Kishino discloses (e.g. FIGs. 19 & 22) wherein the 3D structures 23 of the first plurality 23R are spaced from each other by the separation distance ds1 less than or equal to 650 nm (e.g. period of 269 nm for emission wavelength of 643 nm (red), ¶ 126, the distance being period minus the diameter of the wire would be even less), and wherein the 3D structures 23 of the second plurality 23G are spaced from each other by the separation distance ds2 less than or equal to 650 nm (e.g. period of 400 nm for emission wavelength of 508 nm (green), ¶ 121, the distance being period minus the diameter (e.g. 190nm, ¶ 122) of the wire would be even less).
In re claim 7, Kishino discloses (e.g. FIG. 24) comprising at least the first and second pluralities of 3D structures and a third pluralities of 3D structures 23R,23G,23B respectively having the first and second separation distances ds1 and ds2, and a third separation distance ds3 and the first and second diameters Φ1 and Φ2 of wires, and a third diameter Φ3 of wires such that ds1<ds2 <ds3 (see annotated FIG. 24 above) and/or Φ1>Φ2>Φ3, said first, second and third pluralities of 3D structures 23R,23G,23B emitting light radiation respectively having the first and second wavelengths λ1 (red) and λ2 (green), and a third wavelength λ3 (blue) such that λ1> λ2> λ3 (red light wavelength λ1 is greater than green light wavelength λ2 which is greater than blue light wavelength λ3).
In re claim 16, Kishino discloses (e.g. FIGs. 19 & 22) wherein the 3D structures 23 of the first plurality 23R are spaced from each other by the separation distance ds1 less than or equal to 300 nm (e.g. period of 269 nm for emission wavelength of 643 nm (red), ¶ 126, the distance being period minus the diameter (e.g. 190 nm, ¶ 122) of the wire would be 269 nm - 190 nm = 79 nm), and wherein the 3D structures 23 of the second plurality 23G are spaced from each other by the separation distance ds2 less than or equal to 300 nm (e.g. period of 400 nm for emission wavelength of 508 nm (green), ¶ 121, the distance being period minus the diameter (e.g. 190nm, ¶ 122) of the wire would be 400 nm - 190 nm = 210 nm).
In re claim 18, Kryliouk discloses (e.g. FIG. 1) wherein the InGaN-based pyramid (top portion of 3) comprises faces and the InGaN-based collar (bottom portion of 3) comprises facets as a continuation of the faces of the InGaN-based pyramid (top portion of 3).
Response to Arguments
Applicant's arguments filed 3/3/2026 have been fully considered but they are not persuasive.
Regarding Kishino, Applicant argues element 21 is an InGaN “layer” on a GaN pyramid, but InGaN 21 is not a pyramid (Remark, page 8-9).
This is not persuasive. No specific pyramid has been claimed that would distinguish over the upper tip portion of 20+21 combined. FIG. 1D is annotated above showing the extracted tip portion of 20+21 forming a pyramid. The pyramid comprises InGaN 21 and is therefore understood to be “made of” InGaN-based material. Claim does not specify the pyramid is constituted exclusively of InGaN. The tip structure of 20+21, therefore, teaches the claimed pyramid made of InGaN-based material.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM ET.
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/YU CHEN/Primary Examiner, Art Unit 2896
YU CHEN
Examiner
Art Unit 2896
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