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 § 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 9 & 18 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 9 recites the limitation "the plurality of light elements" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the light element(s)" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1,6,7,15,19, & 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gramann (US Patent 6,087,680 ).
Regarding claim 1, Gramann et al discloses An optoelectronic device for a light display, the optoelectronic device comprising: a support (21)delimiting a support surface fig. 6(col. 7, lines 38-39); at least one light element (5)having a thickness considered in a transverse direction oriented transversely to the support(21) fig. 6(col. 5, lines 10-12) fig. 6, fastened to the support surface via a fastening element(13)(col. 5 , line 8), and comprising at least one first electrode(6)(col. 5 lines 20-21), at least one second electrode (7(8))electrically insulated from the first electrode(6) (col. 5 lines 20-21; col. 6 ,lines 2-4), and at least one light emission part capable of emitting light when a current passes through the light emission part and comprising at least one light-emitting diode(2)(col. 5 lines 22-25); a plurality of primary conductive elements (14)electrically insulated from each other, at least one of the primary conductive elements(14) electrically connecting at least said second electrode(7)(col. 6 lines 40-41); and a plurality of secondary conductive elements(17)electrically insulated from each other and electrically insulated from the primary conductive elements(14)(col. 7 lines 1-3), at least one of the secondary conductive elements(17) electrically connecting at least said first electrode(6); wherein each light element (5)delimits externally, along the thickness , at least one lateral wall which extends laterally around the light element(5) fig. 6; the optoelectronic device comprising at least one first electrically insulating element(22)
arranged at least in part around said at least one lateral wall of the light
element(5)and between at least one of the secondary conductive elements(17) and at
least one of the primary conductive elements (14)so that said at least one secondary
conductive element (17)and said at least one primary conductive element(14) separated
by the first electrically insulating element(22) are electrically insulated from each other fig. 6(col. 8, lines 6-15), wherein for said at least one light element (5), at least one first connecting portion (where 7 and 17 contacts) of at least one of the secondary conductive elements (17)corresponding to said light element(5) is formed in all or part of a first imprint obtained in the first electrically insulating element(22), at least one part of the first imprint being superimposed on the first electrode (7)so that at least the first connecting portion of the secondary conductive element(17) is in contact with the first electrode(6)(fig. 5/fig. 6) .
Regarding claim 6, Gramann et al discloses wherein all or part of the primary conductive element (14)is formed on the support surface (21) fig. 6.
Regarding claim 7, Gramann et al discloses wherein the second electrode (7) of at least one of the light elements (5) is formed on the support surface side(21) fig. 6.
Regarding claim 15, Gramann et al discloses wherein at least one part of one of the primary conductive elements(14) is arranged in contact with the support surface of the support(21) fig. 6.
Regarding claim 19, Gramann et al discloses wherein the fastening element (13) is electrically conductive(col. 6 line 50).
Regarding claim 20, Gramann et al discloses wherein said at least one second electrode (7) is arranged projecting from the light element(5) fig. 3a.
Claim(s) 1,2, 4, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17,18 & 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang (US Pub no. 2018/0122836 A1).
Regarding claim 1, Kang et al discloses An optoelectronic device for a light display, the optoelectronic device comprising: a support(100) delimiting a support surface[0038]; at least one light element (EL) having a thickness considered in a transverse direction oriented transversely to the support(100)[0088] , fastened to the support surface via a fastening element(305) [0098], and comprising at least one first electrode(E1)[0058], at least one second electrode(E2) electrically insulated from the first electrode[0058] fig. 13, and at least one light emission part(330) capable of emitting light when a current passes through the light emission part (330)and comprising at least one light-emitting diode(300) [0087-0088]; a plurality of primary conductive elements (AE)electrically insulated from each other[0072][0058] fig. 2/fig. 13, at least one of the primary conductive elements (AE)electrically connecting at least said second electrode(E1); and a plurality of secondary conductive elements(CE) electrically insulated from each other and electrically insulated from the primary conductive elements(AE) [0072][0058] fig. 2/fig. 13, at least one of the secondary conductive elements(CE) electrically connecting at least said first electrode(E2) fig. 13; wherein each light element (EL)delimits externally, along the thickness , at least one lateral wall which extends laterally around the light element(EL) fig. 13; the optoelectronic device comprising at least one first electrically insulating element(140)
arranged at least in part around said at least one lateral wall of the light
element (EL)and between at least one of the secondary conductive elements(CE) and at least one of the primary conductive elements(AE) so that said at least one secondary
conductive element (CE)and said at least one primary conductive element(AE) separated by the first electrically insulating element (140)are electrically insulated from each other fig. 13)[0102-0103], wherein for said at least one light element(EL) , at least one first connecting portion (portion of CE of ECH2) of at least one of the secondary conductive elements (CE)corresponding to said light element (EL)is formed in all or part of a first imprint (ECH2)obtained in the first electrically insulating element(140) fig. 13, at least one part of the first imprint(ECH2) being superimposed on the first electrode so that at least the first connecting portion(portion of CE of ECH2) of the secondary conductive element (CE) is in contact with the first electrode(E2) .
Regarding claim 2, Kang et al discloses wherein the support(100), at
least one of the primary conductive elements(AE) and the fastening element(305) are
at least partially transparent to the light emitted by the light emission part (330)of the light elements(EL)[0038][0103] fig. 13(Examiner notes that light passes through adhesive 305 shown in fig. 13).
Regarding claim 4, Kang et al discloses wherein the light-emitting diode (300) is wire-shaped with micrometric dimensions and whose main axis of extension is overall parallel to said transverse direction fig. 13)[0057].
Regarding claim 6, Kang et al discloses wherein all or part of the primary conductive element(AE) is formed on the support surface( fig. 13).
Regarding claim 7, Kang et al discloses wherein the second electrode (E2)of at least one of the light elements (EL)is formed on the support surface side(fig. 13).
Regarding claim 9, Kang et al discloses comprising-wherein the plurality of light elements(300) are fastened to the support face, wherein the first connecting portions(portion of CE in ECH2) of the secondary conductive elements(CE) formed in the first corresponding imprints(ECH2), have respective spatial configurations which differ from one first connecting portion (portion of CE in ECH2)to another and wherein the spatial configuration adopted by each first connecting portion (portion of CE in ECH2)depends on the positioning of the light element(EL) with which it is in contact relative to the support(100) fig. 13/fig. 2.
Regarding claim 10, Kang et al discloses wherein at the level of at least one of the light elements(EL), all or part of the primary conductive element (AE) is formed in a second imprint (ECH1)obtained in the first electrically insulating element(140)[0103], at least one part of the second imprint (ECH1)being superimposed on the location of the second electrode (E1)so that a second connecting portion(portion of AE in ECH1) of the primary conductive element (AE)is in contact with the second electrode(E1) fig. 13.
Regarding claim 12, Kang et al discloses wherein for the different light elements (EL) of the plurality, the second connecting portions (portion of AE in ECH1)of the primary conductive elements (AE)have respective spatial configurations which differ from one second connecting portion (portion of AE in ECH1)to another and wherein the spatial configuration adopted by each second connecting portion (portion of AE in ECH1)depends on the positioning of the light element (EL)with which it is in contact relative to the support(100) fig. 13/ fig. 2.
Regarding claim 13, Kang et al discloses wherein each secondary conductive element (CE)comprises at least one first main portion (CE connected to CL)in contact with the first connecting portion (portion of CE in ECH2), the first main portion (CE connected to CL)being a member dissociated from the first connecting portion(portion of CE in ECH2), and wherein each primary conductive element (AE)comprises at least one second main portion (AE in CCH1 connected to SE)in contact with the second connecting portion(AE in ECH1), the second main portion (AE in CCH1 connected to SE)being a member dissociated from the second connecting portion(AE in ECH1) (fig. 5-fig. 11/fig. 12/fig. 13)[0162][0173][0179].
.
Regarding claim 14, Kang et al discloses wherein at least one part of a portion selected from the group consisting of the first main portion (CE connected to CL)of one of the secondary conductive elements (CE)and the second main portion (AE connected to SE)of one of the primary conductive elements AE)is formed on an upper surface of the first electrically insulating element (140)arranged opposite to the support
surface of the support (100)-in the transverse direction(fig. 5-fig. 11/fig. 12/fig. 13)[0162][0173][0179].
Regarding claim 15, wherein at least one part of one of the primary conductive elements (AE)is arranged in contact with the support surface of the support(100) fig. 13.
Regarding claim 17, Kang et al discloses wherein the fastening element (305) is an adhesive having properties of transparency for the light emitted by the light emission part (330)of the light element (EL) fastened by said fastening element(305) fig. 13(the light passes through 305).
Regarding claim 18, Kang et al discloses wherein the light element(s) (EL) are obtained on an external support(semiconductor substrate-[0092]) different from the support (100) prior to a transfer of said light elements (EL) towards the support surface of the support(100). [0073][0092][0097] fig. 5.
Regarding claim 20, Kang et al discloses wherein said at least one second electrode(E2) is arranged projecting from the light element(EL) fig. 13.
Claim Rejections - 35 USC §102/ 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.
Claim(s) 8,11, and 25 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kang (US Pub no. 2018/0122836 A1).
Regarding claim 8, Kang et al discloses all the claim limitations of claim 1 and teaches the first imprint(ECH2) [0103]but is silent to formed by an adaptive photolithography method. The claim limitation “formed by an adaptive photolithography
method” asserts the process by which the imprints are formed and is being treated as a product by process limitation. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Even though Kang is silent as to the process used to form the imprint , it appears that the imprint (ECH2) [0103]in Kang et al would be the same or similar as that claimed; especially since both applicant’s product(pp. 15lines 14-20) and the prior art product(ECH2) [0103] are both contact holes in insulating material. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 11, Kang et al discloses the claim limitations of claim 10 and teaches all or part of the second imprint (ECH1) but is silent to formed by an adaptive photolithography method. The claim limitation “formed by an adaptive photolithography
method” asserts the process by which the imprint is formed and is being treated as a product by process limitation. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Even though Kang is silent as to the process used to form the imprint , it appears that the imprint (ECH1) [0103]in Kang et al would be the same or similar as that claimed; especially since both applicant’s product(pp. 15lines 14-20) and the prior art product(ECH1) [0103] are both contact holes in insulating material. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
Regarding claim 25, Kang et al discloses comprising a plurality of light elements(EL of 300-1,300-2,300-3)[0124].
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.
Claim(s) 3 & 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US Pub no. 2018/0122836 A1) in view of Robin( WO 2018206891 A1)
Regarding claim 3, Kang et al discloses all the claim limitations of claim 1 but fails to teach wherein said light element includes an upper portion comprising the light emission part and a lower portion including a control device connected to at least one of the light-emitting diodes of the light emission part and capable of modulating at least one emission parameter of the light emission part.
Robin et al discloses light element (200)includes an upper portion comprising the light emission part(110) and a lower portion including a control device (120)connected to at least one of the light-emitting diodes(110) of the light emission part and capable of modulating at least one emission parameter of the light emission part(pp. 13 para 1) fig. 1. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kang et al with the teachings of Robin et al to provide control circuitry to adjust the brightness of the minichip.
Regarding claim 5, Robin et al discloses wherein the lateral wall extends laterally around at least the lower portion and the upper portion(fig.1).
Claim(s) 16 & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US Pub no. 2018/0122836 A1) in view of Chen (US Pub no. 2020/0043400 A1).
Regarding claim 16, Kang et al discloses all the claim limitations of claim 1 but fails to teach wherein the fastening element comprises a set of metal particles coated in an electrically insulating material adapted so that the electrically insulating material is capable of varying between a first state of electrical insulation in which the electrically insulating material does not undergo collapsing pressure and where a majority of the metal particles do not touch each other and a second state of anisotropic electrical conductivity in which a majority of the metal particles are in electrical contact under the
effect of a collapsing pressure applied in the transverse direction.
However, Chen et al discloses wherein the fastening element(160) comprises a set of metal particles coated in an electrically insulating material adapted so that the electrically insulating material is capable of varying between a first state of electrical insulation in which the electrically insulating material does not undergo collapsing pressure and where a majority of the metal particles do not touch each other and a second state of anisotropic electrical conductivity in which a majority of the metal particles are in electrical contact under the effect of a collapsing pressure applied in the transverse direction[0048](Chen et al teaches an adhesive layer (ACF with PTC(conductive particles)) and is capable of performing the recited function- See In re Translogic Technology, Inc., 504 F.3d 1249, 1258, 84 USPQ2d 1929, 1935-1936 (Fed. Cir. 2007)) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Kang et al with the teaching of Chen et al to enhance the connection between the light emitting device and the driving circuit.
Regarding claim 19, Kang et al discloses all the claim limitations of claim 1 but fails to teach wherein the fastening element is electrically conductive
However, Chen et al discloses wherein the fastening element (160)is electrically conductive[0048]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kang et al with the teachings of Chen et al to enhance the connection between the light emitting device and the driving circuit.
Claim(s) 21 & 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US Pub no. 2018/0122836 A1) in view of Scanlan (US Pub no. 2015/0364444 A1)
Regarding claim 21, Kang et al discloses A method for manufacturing an optoelectronic device for a light display, the manufacturing method including the following steps:
E1) provide a support (100)delimiting a support surface[0038],
E2) form at least one light element(EL) having a thickness considered in a transverse direction oriented transversely to the support(100)[0087] , fastened to the support surface via a fastening element(305)[0097], and comprising at least one first electrode (E1)and at least one second electrode (E2)electrically insulated from each other[0058][0087], in which said at least one light element (EL)delimits externally, along the thickness, at least one lateral wall which extends laterally around the light element(EL), said at least one light element (EL)formed in step including at least one light emission part (330)capable of emitting light when a current passes through the light emission part(330) and comprising at least one light-emitting diode(300) [0088];
E3) form a plurality of primary conductive elements(AE) electrically insulated from each other[0072][0103], at least one of the primary conductive elements(AE) being electrically connected to at least said second electrode(E2)[0103],
E4) form at least one first electrically insulating element(140) arranged at least in part around said at least one lateral wall[0102],
and E5) form a plurality of secondary conductive elements(CE)[0072][0106], electrically insulated from each other, at least one of the secondary conductive elements(CE) being electrically connected to at least said first electrode(E1)[0103][0106]; the manufacturing method wherein at the end of step E5) the first electrically insulating element (140)is arranged between at least one of the primary conductive elements (AE)and at least one of the secondary conductive elements (CE)so that said at least one secondary conductive element(CE) and said at least one primary conductive element (AE) separated by the first electrically insulating element (140)are electrically insulated from each other [0072] fig . 3
Kang et al teaches a photolithography process forming of all or part of a first
imprint in the first electrically insulating element(140), such that at least one part of
the first imprint(ECH1) is superimposed on the first electrode(E1), and E54) formation of at least one first connecting portion(ECH2 of CE) of the secondary conductive element (CE)in said first imprint so that at least the first connecting portion (ECH2 of CE) of said at least one secondary conductive element(CE) is in contact with the first electrode(E1)[0105]. but fails to teach wherein step E5) comprises the following sub-steps:
E51) tracking of a current position of the first electrode of said at least one light
element by a tracking device;
E52) determination of local photolithography parameters by an adjustment device
taking into account the current position of the first electrode of the light element
determined in step E51);
E53) formation, using at least one photolithography beam adjusted at least in part with the local photolithography parameters determined in step E52).
However, Scanlan et al discloses a system comprising a scanner (73) to determine actual positions of contact pads (32) of a semiconductor device (24) [0058]that are imported into an adaptive pattern auto router that accounts for the true or measured position that can also be adjusted [0062]; and the data is imported to a lithography machine(using laser) to apply adaptive patterning to produce openings 82 that are aligned to contact pads 32 for interconnect structures[0062][0066-0067]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Kang et al with the adaptive patterning system of Scanlan et al such that tracking of a current position of the first electrode of said at least one light element by a tracking device; determination of local photolithography parameters by an adjustment device taking into account the current position of the first electrode of the light element
determined in step; formation, using at least one photolithography beam adjusted at least in part with the local photolithography parameters determined in step (E52)results since applying a known technique to produce via holes for electrical connection was recognized as part of the ordinary capabilities of one skilled in the art. One of ordinary skill in the art would have been capable of applying this known technique to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art. n re Nilssen, 851 F.2d 1401, 7 USPQ2d 1500 (Fed. Cir. 1988)
Regarding claim 24, Kang et al discloses wherein step E2) comprises a sub-step E21) consisting in including obtaining said at least one light element(EL) on an external support (semiconductor substrate)different from the support (100)prior to a transfer of said light element (EL)to the support surface of the support(100) by fastening thanks to the fastening element(305. [0073][0092][0097] fig. 5.
Claim(s) 22 & 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang (US Pub no. 2018/0122836 A1) in view of Scanlan (US Pub no. 2015/0364444 A1) as applied to claim 21 and further in view of Weidner(WO 2012/010377 A1)
Regarding claim 22, Kang et al as modified by Scanlan et al discloses all the claim limitations of claim 21 but fails to teach wherein step E5) comprises a sub-step E55) consisting including forming a first main imprint in the first electrically insulating element and opening onto the first imprint, by a method different from the method used in steps E51) to E53).
However, Weidner et al discloses a semiconductor ship(2) embedded in a potting compound(3) comprising a recess(4) fig. 1b(pp. 18 para 2). The recess extends from a first electrical contact pad(11) to the upper contact region of the chip(2)(pp. 18, para 4). (Examiner interprets recess (4)in potting material (3) having a lateral /vertical main portion connected to the substrate as the first main imprint which opens onto a recess (representing the first imprint)formed over the LED (2) by a method different from the method used to make the first imprint (Examiner notes different structure, the horizontal /vertical opening geometry, is being considered as a different method to the first imprint)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Kang et al & Scanlan et al with the teachings of Weidner et al such that wherein step E5) comprises a sub-step E55) consisting including forming a first main imprint in the first electrically insulating element and opening onto the first imprint, by a method different from the method used in steps E51) to E53) results in order to improve the contact structure from mechanical stress and environmental influences.
Regarding claim 23, Kang et al as modified by Scanlan et al & Weidner et al discloses wherein step E5) comprises an additional sub-step E56) consisting in including forming in the first main imprint (4-vertical/horizontal structure) a first main portion of the secondary conductive element (5- vertical/horizontal portion away from LED 2), in contact with the first connecting portion(5- portion over LED 2) (Weidner et al -fig. 1b)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATANYA N CRAWFORD EASON whose telephone number is (571)270-3208. The examiner can normally be reached Monday-Friday 8:30 AM-4:30 PM.
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/LATANYA N CRAWFORD EASON/Primary Examiner, Art Unit 2813