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 .
Response to Arguments
Applicant’s arguments, filed 2/19/2026, with respect to claim 1 have been fully considered and are persuasive. The previous grounds of rejection are withdrawn. However upon further consideration, some of the claims are rejected under U.S.C 112 (b) rejection.
For above mentioned reasons, the rejection is deemed proper and considered final.
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 13, 63 and 64 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 13 recites the limitation “dividing the LED structures into a plurality of LED structures, to form a first LED structure above the first porous region and a second LED structure”. There is insufficient antecedent basis for this limitation in the claim.
The claim should be to form the first LED structure and the second LED structure.
Claim 63 recites the limitation “dividing the LED structures into a plurality of LED structures, to form a first LED structure above the first porous region and a second LED structure and a third LED structure”. There is insufficient antecedent basis for this limitation in the claim.
The claim should be to form the first LED structure and the second LED structure and the third LED structure.
Also the limitation “a third LED structure containing the porous portion of the light emitting region” is unclear to the examiner as the limitation the limitation “the porous portion” is not defined in the independent claim or the claims on which the claim 63 is dependent on. Also how is the third LED structure containing the porous portion of the light emitting region is unclear.
Regarding claim 64, the limitation: An LED device according to claim 32, in which or in which the second LED structure, seems to be a typo or missing a limitation.
Allowable Subject Matter
Claims 1, 5-6, 8-9, 16, 18, 20, 21, 32-34, 37-38, 40-41, 43, 45-46, 51-54, 58-62 and 65 are allowed.
Regarding claim 1, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “in which the template comprises a non-porous intermediate layer of III-nitride material above the first porous region and in which the first and second LED structures are formed on the non-porous intermediate layer”.
Regarding claim 32, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “in which the first and second LED structures are formed on the non-porous intermediate layer”.
Regarding claim 53, the prior art of record, either singularly or in combination, does not disclose or suggest the combination of limitations including “in which the second LED structure and/or the third LED structure is positioned over a non-porous region of III-nitride material, the non-porous region of III-nitride material being arranged in a same place as the first porous region”.
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 RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 pm.
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, Eliseo Ramos Feliciano can be reached at 571-272-7925. 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.
/RATISHA MEHTA/Primary Examiner, Art Unit 2817