DETAILED ACTION
This is in response to communication received on 7/6/26.
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, 11/4/25 and 5/5/26.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/6/26 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 30 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As for claim 30, it has been amended to read as wherein the third region is a layer, and wherein the layer has a thickness less than 2 microns.
There is no support for this amendment in the claims. The only support for layer thickness that Examiner could find within the specification were references to the thickness of the first and second region, and the originally filed claims all referenced the thickness of the second region and not of the third region.
As for claim 32, it depends from claim 30 and therefore is similarly rejected.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Bibi 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, 27-30 and 32 is maintained. The rejection is updated below.
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 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. subsequently depositing a third region… on a underlying region, the third region configured to transmit output light of the desired peak wavelength from the underlying region, and to absorb undesired light of the peak wavelength passing from the… light emitting diodes through the underlying region, thereby to increase the light color purity emitted by the at least one light emitting pixel.
BIBL is silent on applying a color filter to multiple wavelength conversion layers, i.e. depositing… on a third region on a first and second region. The deposition onto a region within BIBL takes place in an exemplary embodiment wherein there is one LED (Fig. 4E, 328 is the color filter/third region, 110 is the wavelength conversion layer/first/second region). BIBL does show in Fig 6, wherein a color filter is applied to a different substrate and then covered with the wavelength conversion layer before being applied to the LED (10).
Examiner notes that here, BIBL teaches an embodiment in which a color filter/third region is applied onto a wavelength conversion layer/first region on an LED, and further shows an embodiment in which there are multiple LEDS with multiple wavelength conversion layers/first and second regions and multiple color filters/third regions.
Further, as noted above, when discussing the use of color filters BIBL specifically states “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 20-23), e. wherein BIBL opens the door to different configurations for the color filters/wavelength conversion layers than the simple examples.
Examiner also notes the UJIIE teaches “Color filters for performing spectral division of blue, green, and red are provided as necessary at the light incident side of each imaging element” (paragraph 202, lines 18-20).
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 a color filter for removing a specific wavelength of light on both a first and second region 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 “In an embodiment, the wavelength conversion layer includes a dispersion of phosphor particles in a matrix material such as a polymer or glass matrix material. Other filler materials such as pigment, dye, or scattering particles may also be dispersed within the matrix” (paragraph 63, lines 7-12), i.e. the first down conversion material… dispersed in a medium, and the second down conversion material… dispersed in a medium.
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. depositing a third region comprising… material 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 wavelength conversion 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 UJIIE teaches “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 10-15).
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, 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 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, 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 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, BIBL is specifically silent on the thickness of the third region, but does teach “In accordance with embodiments of the invention, the thickness and profile the layers forming the micro lens structure can be adjusted in order to change the light emission beam profile from the micro LED device, as well as color over angle characteristics of the light emitting device which can be related to edge effects” (paragraph 31, lines 14-19) and discusses the effects of the profile and shape of the LED on the light being produced (paragraph 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the thickness of the color filter/third region such that the desired viewing angle, or light extraction 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 is specifically silent on the thickness of the third region, but does teach “In accordance with embodiments of the invention, the thickness and profile the layers forming the micro lens structure can be adjusted in order to change the light emission beam profile from the micro LED device, as well as color over angle characteristics of the light emitting device which can be related to edge effects” (paragraph 31, lines 14-19) and discusses the effects of the profile and shape of the LED on the light being produced (paragraph 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date to design the thickness of the color filter/third region such that the desired viewing angle, or light extraction 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 PG Pub 200710247565 hereinafter SASAKI on claim 18-20 is maintained. The rejection is repeated below for convenience.
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 UJIIE 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 UJIIE 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 UJIIE 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 Bibl 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 repeated below for convenience.
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 7/6/26 have been fully considered but they are not persuasive.
(a) Applicant argues the "the dispositive element is missing from both references" so there is nothing to combine, and 'rejection on obviousness grounds cannot be sustained by mere conclusory statements, instead, there must be come articulated reasoning with some rational underpinning" and Applicant argues that the 'the only place' the claimed third-region architecture appears is in Applicant's own disclosure, and using the claims as a template to reconstruct the invention from disparate teachings is impermissible hindsight.
Examiner respectfully points out Applicant's arguments the define the claimed architecture is 'a third region spanning two differently-converting regions over two different LEDs'. However, the claim language is not limited to this. There is nothing in the claim that requires that the third region be a continuous 'spanning' coating over two regions, only there be a third region that exists over the first and second serves to perform a claimed function. The fact that BIBL does not show this argued architecture is irrelevant to the rejection as it is not germane with the claim.
Examiner does point out that the color filter of BIBL forms a discontinuous third region that does exist over the first/second region, which matches the claimed architecture of a third region applied over a first/second region. The rejection above has been updated. But, as a summary for these arguments, as shown in BIBL's Fig. 4E, the color filter 328, i.e. third region, of BIBL is applied on an LED with a wave conversion layer 110, i.e. first/second region, thus forming the architecture of the claim, which is all that is required.
Examiner further notes that the only thing BIBL is silent on is applying a color filter over multiple LEDS with wave conversion layers. When discussing color filters over multiple LEDs, the filter is applied onto a separate structure which is placed on top of the LED (Fig. 5). It discusses color filters applied to the LEDs only in the context of a single LED. However, Examiner notes that BIBL does teach multiple LED atop the same LED device ("the display 1230 may include a plurality of micro LED devices and a plurality of wavelength conversion layers around the micro LED devices" (paragraph 84, lines 4-6)). As such, as all the elements of the claim are independently taught (a color filter on a wave conversion layer of an LED device, and multiple LEDs on a device) are taught by BIBL and BIBL even specifically states when discussing color filters "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 20-23).
That is not a mere conclusory statement--that is the art suggesting that its taught configurations are only exemplary and that there are a variety of configurations of color filters/third regions possible depending upon desired light emission spectrum, and also listing every element of the claim just in separate embodiments. This is BIBL itself suggesting that different configurations are obvious to one of ordinary skill in the art depending on the desired light emission spectrum.
Applicant's arguments are not persuasive as they do not consider the art as a whole and rely on interpretation of the claim that is not germane with its scope.
(b) Applicant argues that 'the proposed combination' would not yield the claim subject matter; it would instead yield an inoperative device. Extending any of one of BIBL's color-matched filters laterally across two differently colored subpixels would extinguish the mismatched subpixel's converted output.
Examiner respectfully points out that a color filter designed to block blue light placed over both a LED with a red wave conversion layer and LED with a yellow wave conversion layer would not be inoperative. It merely would ensure that the red LED and yellow LED both do not emit blue light. Examiner notes that this argument is dependent on ignoring the fact that BIBL specifically points out that its configurations should be designed based on 'the desired light emission spectrum'. If a light emission spectrum of red and yellow is desired, it is well within the ordinary skill of the artisan to make a color filter capable of allowing that spectrum through.
Applicant appears to be limiting BIBL to its examples--examples that BIBL itself states it is not limited to. This statement by Applicant fails to consider the skill of the ordinary artisan when designing wavelengths nor does it consider BIBL's on invitation to modification. To accept Applicant's argument, it would require ignoring BIBL's plain suggestion to experiment with other configurations.
(c) Applicant argues that BIBL's generic 'exemplary configurations' statement is not a teaching of the claim configuration.
Examiner notes that Applicant is confusing anticipation and obviousness here. Applicant is arguing because BIBL's statement does not list the claimed configuration that it cannot render that configuration obvious, which is not the standard for obvious. BIBL's 'generic exemplary configurations' does not anticipate the configuration of the claim, Examiner agrees, but it does suggest to the ordinary artisan that different configurations are possible depending on their desired wavelength. It is therefore obvious to the ordinary artisan to have different configurations depending on their desired wavelength, just as Applicant alleges their invention is.
And again, Examiner reminds Applicant that the third region is not required to be continuous or 'spanning' in the claim. So that fact that the third region of BIBL is discontinuous is irrelevant. However, Examiner does note that the assertion that inkjet printing necessitates a discontinuous coating is unsupported by evidence so cannot even be considered.
Applicant's argument cannot be considered persuasive as they require anticipation to prove obviousness and rely on an interpretation of the claim that the claim is not limited to.
(d) UJIIE teaches away from using from using its organic materials as passive absorbers in the optical path.
Examiner notes that Applicant's arguments, even in their own recitations, rely on UJIIE's preferred embodiments and further require reading in an implication of teaching away. That is not the standard for teaching away. Disclosed examples and preferred embodiments do not constitute a teachings away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). A preferred embodiment or implied preference in UJIIE cannot be a teaching away from BIBL's teachings.
(e) Applicant argues that the combination with UJIEE lacks a rational underpinning and a reasonable expectation of success because UJIIE solves a problem that BIBL does not recognize.
Examiner notes that Applicant's standard for a combination is, put plainly, that the primary reference recognize the problem the second reference solves, which Examiner disagrees with. UJIIE's thinner layers have advantages and that is a motivation to apply that layer in BIBL regardless whether or not BIBL teaches that its color filter layers are too thick.
Examiner also rejects the accusation that the motivation was not stolen from the specification. UJIIE specifically teaches that its layers thinner and smaller, allowing for improved sensitivity and number of pixels (paragraph 3). The fact the prior art recognizes and teaches the benefits described in the specification is not impermissible hindsight. It merely means the prior art recognizes the benefit being argued by the specification. Examiner notes that the direct quotation from UJIIE was used in the previous rejection (page 7) which specifically states that the layers 'can be thinned' and the motivation stated in the rejection was not borrowed from the specification but a paraphrasing of UJIIE's explicit teachings.
Examiner has rewritten the rejection to address the Applicant's apparent confusion about paraphrasing of the art's teaching.
In summation, Applicant's arguments are not persuasive as they are not germane with the scope of the claim, confuse anticipation with obviousness, and require either ignoring explicit language within the art, or reading in limitations based on 'implications' from preferred embodiments.
Conclusion
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/KRISTEN A DAGENAIS/ Examiner, Art Unit 1717
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