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 .
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 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Chun et al. (US 2016/0013365 A1).
Regarding claim 1, Chun et al. teaches a nanorod light-emitting diode (100; Fig. 1, [0059]) comprising: a first conductivity-type semiconductor layer (142A; Fig. 1, [0075]) including a body portion (the body portion B of 142A; Fig. 2D, [0091]) and a top portion (the tip portion T of 142A; Fig. 2D, [0091]) provided on the body portion (the body portion B of 142A), the body portion (the body portion B of 142A) having a cylindrical shape ([0091]), and the top portion (the tip portion T of 142A) having a hexagonal pyramid shape ([0091]); an active layer (144; Fig. 1, [0059]) covering an upper surface of the top portion (the tip portion T of 142A; see Fig. 2H); a second conductivity-type semiconductor layer (146; Fig. 1, [0059]) covering an upper surface of the active layer (144; see Fig. 2H); an electrode layer (150; Fig. 1, [0059]) covering an upper surface of the second conductivity-type semiconductor layer (146; see Fig. 2I); and an insulating layer (160 of silicon dioxide; Fig. 1, [0079]) provided on a side surface (the left or right side surface) of the body portion (the body portion B of 142A) to cover a first region of the side surface of the body portion (an upper region of the left or right side surface of the body portion B of 142A; see Figs 2D and 2I) and not cover a second region of the side surface of the body portion (an lower portion of the left or right side surface of the body portion B of 142A covered by 130; see Figs 2D and 2I), the second region (an lower portion of the left or right side surface of the body portion B of 142A covered by 130) being lower than the first region (an upper region of the left or right side surface of the body portion B of 142A).
Regarding claim 3, Chun et al. teaches the nanorod light-emitting diode of claim 1, wherein a height of the body portion (H1 + H2; [0073]) is about 2 µm to about 7 µm (from 2.8 µm to 4.6 µm; [0073]).
Regarding claim 4, Chun et al. teaches the nanorod light-emitting diode of claim 1, wherein a diameter of the body portion (the width of the body portion B of 142A; [0159]) is about 50 nm to about 1000 nm (340 nm to 380 nm; [0159]).
Regarding claim 5, Chun et al. teaches the nanorod light-emitting diode of claim 1, wherein a first diameter of the body portion (the biggest diameter of the body portion B of 142A) at the first region (an upper region of the left or right side surface of the body portion B of 142A) is greater than a second diameter of the body portion (the smallest diameter of the body portion B of 142A) at the second region (an lower portion of the left or right side surface of the body portion B of 142A covered by 130; see Fig. 2D; [0099]).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. as applied to claim 1 above.
Regarding claim 2, Chun et al. teaches the nanorod light-emitting diode of claim 1, wherein a height of the second region of the side surface of the body portion (a height of an lower portion of the left or right side surface of the body portion B of 142A covered by 130, i.e. the thickness of the mask layer 130; see Fig. 2D).
Chun et al. does not teach a height of the second region of the side surface of the body portion is about 20 nm to about 100 nm. (emphasis added)
Parameters such as a height of the second region of the side surface of the body portion, i.e. the thickness of the mask layer 130, in the art of semiconductor manufacturing process are subject to routine experimentation and optimization to achieve the intended height of the light emitting nanostructures during device fabrication ([0089]). Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to incorporate a height of the second region of the side surface of the body portion, i.e. the thickness of the mask layer 130, within the range as claimed in order to achieve the intended height of the light emitting nanostructures ([0089]).
Allowable Subject Matter
Claim 6 is 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 a statement of reasons for the indication of allowable subject matter: The prior art of record does not teach or suggest, singularly or in combination, at least the limitations of "wherein the insulating layer is in direct contact with the body portion at the first region" as recited in claim 6.
Response to Arguments
Applicant’s amendments, filed 11/28/2025, overcome the rejections to claims 1-6 under 35 U.S.C. 112. The rejections to claims 1-6 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 3/25/2026