DETAILED ACTION
This is in response to communication received on 1/28/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 8/20/25 and 11/4/25.
Election/Restrictions
Newly submitted claim 1 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The newly added claim 35 is a product-by-process claim. As this case is reviewed under Unity of Invention practice, this claim lacks unity as it does not have a shared technical feature with the previously presented claim. Specifically, product-by-process claims are not limited to the process steps, but to the structure implied by those steps. As a result, claim 35 lacks a shared technical feature with the previously presented process claims.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 35 withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112
The claim rejection(s) under pre-AIA 35 U.S.C. 112 2nd Paragraph or AIA 35 U.S.C. 112(b) as being as being indefinite for failing to particularly point out and distinctly claim the subject matter on claim 32 is withdrawn because the claim has been amended.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Bibl et al. US PGPub 2014/0339495 hereinafter BIBL in view of Ujiie et al. US PGPub 2020/0099003 hereinafter UJIIE on claim 15, 17, 21, 22, 25, and 27-32 is maintained. The rejection is updated below to meet the added claim limitations. The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Bibl et al. US PGPub 2014/0339495 hereinafter BIBL in view of Ujiie et al. US PGPub 2020/0099003 hereinafter UJIIE on claim 16, 27, 31 are withdrawn because the claims have been cancelled. The rejection is updated below to meet the added claim limitations.
As for claim 15, BIBL teaches "A light emitting device and method of manufacture are described" ( abstract, lines 1-2) and "The lighting and display applications in accordance with embodiments of the invention may include a plurality of micro LED devices, and a plurality of wavelength conversion layers around the plurality of micro LED devices, with each wavelength conversion layer comprising phosphor particles, for example, dispersed within a glass or polymer matrix. In some embodiments, each micro LED device is design to emit the same emission spectrum (e.g. visible spectrum or UV spectrum). In one embodiment, each wavelength conversion layer is designed to emit the same color emission spectrum. In another embodiment, there are multiple groups of wavelength conversion layers, with each group designed to emit a different color emission spectrum. For example, the different groups may be arranged into pixels, with each pixel comprising at least one micro LED device from each group" (paragraph 11, lines 1-15), i.e. A method of forming a light emitting diode array comprising a plurality of light emitting pixels.
BIBL teaches "A plurality of micro LED devices can be bonded to bottom electrodes on a substrate and a plurality of wavelength conversion layers formed around the plurality of micro LED devices" (paragraph 41, lines 4-7), and "The wavelength conversion layers can be designed to all emit the same color emission spectrum, or the wavelength conversion layers can be divided into multiple groups of wavelength conversion layers, with each group designed to emit a different color emission spectrum. In this manner, the light emitting devices can emit any color or patterns of colors depending upon the arrangement and content of the micro LED devices and wavelength conversion layers. For example, a pixel may contain 3 micro LED devices all designed to emit blue light, with one red emitting wavelength conversion layer around one micro LED device, one green emitting wavelength conversion layer around a second micro LED device, and the third micro LED device either not including a wavelength conversion layer around it or including a blue emitting wavelength conversion layer around it" (paragraph 41, lines 7-36), i.e. a first light emitting diode configured to emit light of a first primary peak wavelength; depositing a first region comprising a first down conversion material on the first light emitting diode… configured to receive and convert input light of the first primary peak wavelength from the first light emitting diode to provide output light of a second primary peak wavelength and unconverted light of the first primary peak wavelength; and depositing a second region comprising a second conversion material on the light emitting diode, the second down conversion material… are configured to receive and convert input light of the first primary peak wavelength from the second light emitting diode to output light of a third primary peak wavelength and unconverted light of the first primary peak wavelength.
BIBL is specifically silent on subsequently depositing a third region… on the first and second regions, the third region configured to transmit output light of the second primary peak wavelength from the first region and output light of the third primary peak wavelength from the second region, and to absorb unconverted light of the first primary peak wavelength passing from the first and second light emitting diodes through the first and second regions respectively, thereby to increase the light color purity emitted by the at least one light emitting pixel.
However, BIBL does not teach away from multiple color filters on the same LED. BIBL contains the teaching of “A color filter layer 328 may optionally be formed over the wavelength conversion layer 110 to filter out colors emitting through the wavelength conversion layer 110 other than those desired and sharpen the emission spectrum of the light emitting device... It is to be appreciated that these configurations are exemplary and a variety of configurations are possible depending upon desired light emission spectrum” (paragraph 66, lines 1-24), i.e. wherein BIBL opens the door to different configurations for the wave conversion layers than the simple examples wherein only one wave conversion layer is applied to an LED.
Further it is a prima facie case of obviousness to combine prior art elements according to known methods to yield predictable results. In this case using two wave conversion layers instead of one to improve and sharpen the desired light emission spectrum. The rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
BIBL further teaches "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20) i.e. wherein the down conversion materials… dispersed in a medium.
BIBL is silent on an organic semiconductor material.
UJIIE teaches "An imaging element which is formed by sequentially stacking at least an anode, an anode-side buffer layer, a photoelectric conversion layer'' ( abstract, lines 1-3).
UJIIE teaches "In other words, photoelectric conversion using an organic semiconductor material is performed, rather than photoelectric conversion using an inorganic semiconductor material. Such an imaging element is called an "organic imaging element." The absorption coefficient of an organic material in the visible light range is about 105 cm-1 or higher, a thickness of a photoelectric conversion layer of an organic imaging element or a stacked-type imaging element, which will be described next, can be thinned, and thus improvement in sensitivity and increase in the number of pixels are considered to be possible while preventing false colors, and therefore development is actively underway" (paragraph 3, lines 3-14) and "Here, since the organic photoelectric conversion layer itself functions as a color filter" (paragraph 170 lines 1-2), i.e. wherein organic semiconductor materials have benefits when used as color filter material.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use the semiconductor material in the process of BIBL because UJ IIE teaches that such materials can produce a color filtering layer at small thicknesses.
As for claim 17, BIBL teaches "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20) i.e. wherein the third region is configured to absorb light at a wavelength that enables curing of the medium in which the conjugated organic semiconductor material is dispersed.
As for claim 21, BIBL teaches "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20), i.e. wherein the medium comprises at least one of a resin and a polymer medium.
As for claim 22, BIBL teaches "Referring again to FIGS. 4A-4E, a sidewall passivation layer 316 can be formed around the sidewalls of the micro LED devices 100. In an embodiment where the micro LED devices 100 are vertical LED devices, the sidewall passivation layer 316 covers and spans the quantum well structure 108. In accordance with embodiments of the invention, the sidewall passivation layer 316 may be transparent or semi-transparent to the visible wavelength spectrum so as to not significantly degrade light extraction efficiency from sidewalls of the micro LED devices 100" (paragraph 57, lines 1-10), i.e. comprising forming a passivation layer on the light emitting diode array, thereby to protect light emitting diode array.
As for claim 25, BIBL teaches "For example, micro LED devices may be spaced more closely together in high resolution display applications compared to lighting applications" (paragraph 27-30), "In an exemplary embodiment, a light emitting device includes an array of pixels with each pixel comprising a plurality of subpixels designed for different color emission spectra" (paragraph 12, lines 1-4) and "The micro LED devices may also be placed within reflective bank structures" (paragraph 10, lines 8-9), i.e. wherein the light emitting diode array is a high resolution monolithic micro LED array, and wherein the method comprises forming a reflective layer between at least two of the light emitting diodes in the high resolution monolithic micro LED array.
BIBL teaches “this manner, the "micro" LED device scale enables the arrangement of micro LED devices and wavelength conversion layers including phosphor particles with small enough pitch ( e.g. approximately 100 μm or less) between adjacent micro LED devices or subpixels that the spatial color separation is not perceived by the human eye” (paragraph 33, lines 18-23), i.e. a range that overlaps with wherein the high resolution monolithic LED has a pixel pitch less than 10 μm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 27, BIBL teaches "In this manner, the "micro" LED device scale enables the arrangement of micro LED devices and wavelength conversion layers including phosphor particles with small enough pitch ( e.g. approximately 100 μm or less) between adjacent micro LED devices or subpixels that the spatial color separation is not perceived by the human eye" (paragraph 33, lines 17-23), i.e. a range that overlaps with wherein the high resolution monolithic LED has a pixel pitch less than 4 μm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prim a facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); ln re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 28, BIBL teaches "The term "micro" LED device as used herein may refer to the descriptive size scale of 1 to 100 μm. For example, each micro LED device may have a maximum width of 1 to 100 μm, with smaller micro LED devices consuming less power. In some embodiments, the micro LED devices may have a maximum width of 20 μm, 10 μm, or 5 μm. In some embodiments, the micro LED devices have a maximum height of less than 20 μm, 10 μm, or 5 μm" (paragraph 32, lines 6-13), i.e. It is expected that a person of ordinary skill in the art before the time of filing could have converted the widths of the LED to an area, which appears to overlap with the instant claimed range of wherein the plurality of light emitting pixels each have a light emitting surface that is less than or equal to 100 μm2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 29, BIBL teaches "The term "micro" LED device as used herein may refer to the descriptive size scale of 1 to 100 μm. For example, each micro LED device may have a maximum width of 1 to 100 μm, with smaller micro LED devices consuming less power. In some embodiments, the micro LED devices may have a maximum width of 20 μm, 10 μm, or 5 μm. In some embodiments, the micro LED devices have a maximum height of less than 20 μm, 10 μm, or 5 μm" (paragraph 32, lines 6-13), i.e. It is expected that a person of ordinary skill in the art before the time of filing could have converted the widths of the LED to an area, which appears to overlap with the instant claimed range of wherein the plurality of light emitting pixels each have a light emitting surface that is less than 16 μm2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 30, Examiner draws attention to the rejection of claim 15 to show how BIBL renders the third region is a layer obvious.
BIBL teaches “The thickness of the wavelength conversion layer 110, as well a concentration of fillers, e.g. phosphor particles, pigment, dye, or light scattering particles are tuned to achieve the requisite color spectrum. For example, minimized color bleeding from the micro LED device through the wavelength conversion layer, and maximized emission from the phosphor particles. Thickness of the wavelength conversion layer 110 (as well as optional light distribution layer 320) may also be partly determined by the spacing between micro LED devices” (paragraph 63, lines 18-26), and further describes how to adjust the thickness of the layers to get a desired result in paragraph 63.
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the thickness such that the desired wavelength spectrum is achieved. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
As for claim 32, BIBL teaches “The thickness of the wavelength conversion layer 110, as well a concentration of fillers, e.g. phosphor particles, pigment, dye, or light scattering particles are tuned to achieve the requisite color spectrum. For example, minimized color bleeding from the micro LED device through the wavelength conversion layer, and maximized emission from the phosphor particles. Thickness of the wavelength conversion layer 110 (as well as optional light distribution layer 320) may also be partly determined by the spacing between micro LED devices” (paragraph 63, lines 18-26), and further describes how to adjust the thickness of the layers to get a desired result in paragraph 63.
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the thickness such that the desired wavelength spectrum is achieved. Discovery of optimum value of result effective variable in known process is ordinarily within the skill of the art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Bibi et al. US PGPub 201410339495 hereinafter BIBL in view of Ujiie et al. US PGPub 202010099003 hereinafter UJIIE as applied to claim 15 above, and further in view of Sasaki et al US PGPub 200710247565 hereinafter SASAKI on claim 18-20 is maintained. The rejection is updated below to meet the added claim limitations.
As for claim 18, BIBL does teach "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20), and “A color filter layer 328 may optionally be formed over the wavelength conversion layer 110 to filter out colors emitting through the wavelength conversion layer 110 other than those desired and sharpen the emission spectrum of the light emitting device... It is to be appreciated that these configurations are exemplary and a variety of configurations are possible depending upon desired light emission spectrum” (paragraph 66, lines 1-24), i.e. comprising depositing the third region region on a light emitting diode array.
BIBL and UJ IIE are silent on wherein depositing the third region comprises slit coating or spin coating the medium and/or further medium.
SASAKI teaches "The present invention relates to a colored composition for a color filter used in the manufacture of, e.g., a color liquid crystal display device or a color image pickup tube device, to a color filter, and to a liquid crystal display device" (paragraph 3).
SASAKI teaches "Where each of the color filter segments is formed by means of a photolithography method, the colored composition that has been prepared as a solvent-developing type or alkali-developing type color resist material noted above is coated on the substrate a coating method such as spray coating, spin coating, slit coating, or roll coating, so as to obtain a dried film thickness of 0.5 to 5 μm. The dried film is exposed to ultraviolet rays through a mask having a predetermined pattern and disposed in contact with or away from the dried film. Subsequently, the resultant film is dipped in, or sprayed with, a solvent or an alkaline developing solution, to remove the uncured portions, thereby farming a desired pattern. These procedures are repeated for forming the pattern of other colors, thus manufacturing a color filter. Additionally, if required, the coated film may be heated so as to prom ate the polymerization of the colored resist material. According to this photolithography, it is possible to manufacture a color filter which is further improved in precision as compared with that obtained by a printing method" (paragraph 86).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein depositing the third region comprises slit coating or spin coating the medium and/or further medium in the process of BIBL and UJIIE because SASAKI teaches that a process incorporating that has improved precision to printing techniques.
As for claim 19, BIBL does teach "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20), i.e. comprising depositing the second region on a light emitting diode array.
BIBL and UJ IIE are silent on comprising selectively covering one or more light emitting diodes in the light emitting diode array with a material prior to depositing the third region, thereby to enable selective deposition of the third region.
SASAKI teaches "The present invention relates to a colored com position for a color filter used in the manufacture of, e.g., a color liquid crystal display device or a color image pickup tube device, to a color filter, and to a liquid crystal display device" (paragraph 3).
SASAKI teaches "Where each of the color filter segments is formed by means of a photolithography method, the colored composition that has been prepared as a solvent-developing type or alkali-developing type color resist material noted above is coated on the substrate a coating method such as spray coating, spin coating, slit coating, or roll coating, so as to obtain a dried film thickness of 0.5 to 5 μm. The dried film is exposed to ultraviolet rays through a mask having a predetermined pattern and disposed in contact with or away from the dried film. Subsequently, the resultant film is dipped in, or sprayed with, a solvent or an alkaline developing solution, to remove the uncured portions, thereby farming a desired pattern. These procedures are repeated for forming the pattern of other colors, thus manufacturing a color filter. Additionally, if required, the coated film may be heated so as to prom ate the polymerization of the colored resist material. According to this photolithography, it is possible to manufacture a color filter which is further improved in precision as compared with that obtained by a printing method" (paragraph 86), i.e. wherein after the first color filter layer is applied and the second is being coated on the surface it includes comprising selectively covering one or more light emitting diodes in the light emitting diode array with a material prior to depositing the third region, thereby to enable selective deposition of the third region.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include comprising selectively covering one or more light emitting diodes in the light emitting diode array with a material prior to depositing the third region, thereby to enable selective deposition of the third region in the process of BIBL and UJ IIE because SASAKI teaches that a process incorporating that has improved precision to printing techniques.
As for claim 20, BIBL teaches "In such an embodiment, the different wavelength conversion layers 110 can be designed to emit red (R) and green (G). Rather than depositing a wavelength conversion layer 110 over the third micro LED device 110, a transparent light distribution layer 320 can be formed. In this manner an RGB subpixel arrangement is achieved without having to covert the blue light from the blue emitting subpixel" (paragraph 45, lines 4-11), wherein the transparent light distribution layer is applied prior to the color filter layers such that, when combined with SASAKI as above, would include a temporary material that is removable thereby to enable further deposition of further material on the selectively covered one or more light emitting diodes in a further distinct step after deposition of the third region on the light emitting diode array; and an optically transparent material that enables light emission from the selectively covered one or more light emitting diodes, wherein the one or more light emitting diodes are configured to emit light with the primary peak wavelength.
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Bibi et al. US PGPub 201410339495 hereinafter BIBL in view of Ujiie et al. US PGPub 202010099003 hereinafter UJIIE as applied to claim 15 above, and further in view of Kanibolotsky et al. Design of Linear and Star-Shaped Macromolecular Organic Semiconductors for Photonic Applications hereinafter KANIBOLOTSKY on claim 23 and 24 are maintained. The rejection is updated below to meet the added claim limitations.
As for claim 23, BIBL is silent on the organic semiconductor material.
UJIIE teaches an organic semiconductor material but is silent on wherein the conjugated organic semiconductors comprise a plurality of conjugated structures, wherein the plurality of conjugated structures comprises a core and an arm, and wherein at least two of the plurality of conjugated structures have a different functional property.
KANIBOLOTSKY teaches "One of the most desirable and advantageous attributes of organic materials chemistry is the ability to tune the molecular structure to achieve targeted physical properties. This can be performed to achieve specific values for the ionization potential or electron affinity of the material, the absorption and emission characteristics, charge transport properties, phase behavior, solubility, processability, and many other properties, which in turn can help push the limits of performance in organic semiconductor devices. A striking example is the ability to make subtle structural changes to a conjugated macromolecule to vary the absorption and emission properties of a generic chemical structure" (Page 1665, Conspectus, lines 1- 10), and "Tailoring the structure of the core or arms of the compounds allows tuning of the absorption and emission characteristics" (page 1667, column 1, lines 16-17), i.e. wherein the conjugated organic semiconductors comprise a plurality of conjugated structures, wherein the plurality of conjugated structures comprises a core and an arm, and wherein at least two of the plurality of conjugated structures have a different functional property.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the conjugated organic semiconductors comprise a plurality of conjugated structures, wherein the plurality of conjugated structures comprises a core and an arm, and wherein at least two of the plurality of conjugated structures have a different functional property in the process of BIBL and UJIIE because KANIBOLOTSKY teaches that such a structure allows for fine tuning of absorption and emission characteristics of an organic semiconductor material.
As for claim 24, BIBL teaches "Suitable materials for the color filter include pigments or dyes as previously described above. In an embodiment, color filter layer 328 includes a pigment or dye dispersed in a transparent matrix material. In an embodiment, the matrix material is the same polymer used for the wavelength conversion layer 110, such as epoxy, silicone, or acrylic. Likewise, the color filter may be farmed using similar techniques, such as ink jet printing with UV cure" (paragraph 66, lines 23-20) and "As illustrated in FIG. 2D, each micro LED device 100 is designed to emit an ultraviolet (UV) color spectrum. In such an embodiment, the different wavelength conversion layers 110 can be designed to emit red (R), green (G), and blue (B)" (paragraph 46), i.e. wherein one functional property is absorption at the first primary peak wavelength and/or wherein one function property is absorption of light with a primary peak wavelength that enables curing of the medium.
Response to Arguments
Applicant's arguments filed 1/28/26 have been fully considered but they are not persuasive.
Applicant’s arguments are summarized and addressed below:
(a) Applicant alleges that Ujiee teaches away from the Applicant's claimed invention as it teaches very little absorption in the visible light range in its buffer layer.
Examiner notes that semiconductor material is not in the buffer but the photoelectric conversion layer of UIJEE (see paragraph 3) and UIJEE specifically teaches that "Further, since the organic photoelectric conversion layer itself functions as a color filter" (paragraph 76, lines 21-22). So the idea that UJIEE teaches away from a color filter when it explicitly states that the layer with the organic semiconductor material is performing the functions of a color filter is not persuasive as it is contradictory of the plain language of the art. The buffer layer shouldn't absorb light, but that teaching isn't relevant to the photoconversion layer performing the function of a color filter and thereby absorbing light.
Applicant's argument cannot be considered persuasive as they rely on irrelevant sections of the art to make assertions that contradict the explicit language of the art in other places.
(b) Applicant alleges that BIBL fails to teach applying a color filter on top of another color filter, but instead teaches applying a different band-pass filter over each pixel of a different color.
Firstly, BIBL isn't so limited. Applicant is attempting to take BIBL's examples as a limitation of its full teachings. However, BIBL is actually very broad and includes "It is to be appreciated that these configurations are exemplary and a variety of configurations are possible depending upon desired light emission spectrum" (paragraph 66, lines 19-22). And while BIBL may be specifically silent on stacking color filters, it does specifically state that "A color filter layer 328 may optionally be formed over the wavelength conversion layer 110 to filter out colors emitting through the wavelength conversion layer 110 other than those desired and sharpen the emission spectrum of the light emitting device" (paragraph 66, lines 1-5).
Examiner will also note that it is well within the skill of the ordinary artisan to combine prior art elements according to prior art method to achieve predictable results. In this case applying two different color filter on top of the same LED in order to filter out the wavelengths from both layers.
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 KRISTEN A DAGENAIS whose telephone number is (571)270-1114. The examiner can normally be reached 8-12 and 1-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah Wei Yuan can be reached at 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
Prosecution Insights