DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/1/2026 has been entered.
Claims 1-2, 4-5, and 7-15 are pending. Claims 3 and 6 have been canceled. Claims 9-12 and 14 have been withdrawn. Claims 1, 2, 7, 10, and 13-15 have been amended.
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 1-2, 4-5, 7-8, 13, and 15 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 pre-AIA the applicant regards as the invention.
Claims 2, 13, and 15 reciting “the second electrode has a lateral length greater than a lateral length of the current guiding part, through which the current passes” renders the claim indefinite. Firstly, it is unclear how does the current pass through the “current guiding part”. As disclosed, the current passes through the semiconductor layer 151 that corresponds to an area surrounded by the current guiding part 153. The current guiding part 153 is disclosed as a high resistance region and is not intended to pass current, but rather guide current flow to the semiconductor layer 151. Furthermore, it is unclear what constitutes “a lateral length of the current guiding part 153”. The current guiding part 153 surrounds the semiconductor layer 151 and has a width W on either sides of the semiconductor layer 151. There is no disclosure to the lateral length L14 of the second electrode being to be greater than either the width W of the current guiding part 153 on one side of the semiconductor layer 151 or the total width of the current guiding part 153 across the device. Claims 2 and 13 appear to have confused the semiconductor layer 151 with the current guiding part 153. The semiconductor layer 151 has a lateral length L13 that is less than the lateral length L14 of the second electrode, and the current passes through the semiconductor layer 151.
Other claims are rejected for depending on a rejected claim.
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.
Claims 1-2, 5, 7-8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over McGroddy et al. US 2015/0187991 A1 (McGroddy) in view of Jang et al. US 2007/0252165 A1 (Jang).
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In re claim 1, McGroddy discloses (e.g. FIGs. 25 & 32) a micro light emitting diode (LED) 156 comprising:
a current spreading layer 104 comprising a light-emitting surface (top surface shown);
a first electrode 150,152 disposed on the current spreading layer 104 and electrically connected to the current spreading layer 104;
a first cladding layer 106 and a second cladding layer 110 that are stacked on the current spreading layer 104;
an active layer 108 disposed between the first cladding layer 106 and the second cladding layer 110 (¶ 81);
a second electrode 124 disposed on a semiconductor layer (180 in FIG. 25, ¶ 81,122; 188 in FIG. 30, ¶ 130); and
a current guiding part (178 in FIG. 25, ¶ 122; 186 in FIG. 32, ¶ 130) disposed between the second electrode 124 and the second cladding layer 110;
wherein the semiconductor layer 180,188 is formed on the second cladding layer 110 at a position below the second electrode 124 (when the device is flipped upside down, e.g. prior to transferring to carrier substrate, see FIGs. 24 & 31),
wherein the semiconductor layer 180,188 is surrounded by the current guiding part 178,186, through which current passes and reaches to the second cladding layer 110, the active layer 108, and the first cladding layer 106 in their sequential order (current flows from electrode 124 toward electrode 152 and is injected through “current injection region” 180,188 surrounded by confinement region 178,186, ¶ 122,130; as such, the current sequentially reaches the second cladding layer 110, the active layer 108, and the first cladding layer 106 due to their respective proximity to electrode 124),
wherein the current guiding part 178,186 is configured to guide the current to flow away from a side surface of the micro LED 156 (¶ 72,122,130).
McGroddy discloses the first electrode 150,152 and the second electrode 124 may each comprise electrically conductive oxides and in combination with metal layers (¶ 86,94).
McGroddy does not explicitly disclose the conductive oxides are each respectively positioned between the first electrode and the current spreading layer 104, and between the second electrode and the semiconductor layer 180,188.
However, Jang discloses a LED structure (FIG. 5) comprising a semiconductor stack 20 between a first electrode 60 and a second electrode 40. Jang further discloses
a first semiconductor contact layer 50 comprising an electrically conductive oxide (¶ 56) and positioned between the first electrode 60 and the semiconductor stack 20; and
a second semiconductor contact layer 30 comprising the electrically conductive oxide (¶ 50-51) and positioned between the second electrode 40 and the semiconductor stack 20.
Jang discloses disposing conductive oxide between the metal electrode and the semiconductor layer to form ohmic contact that efficiently supply current to the semiconductor layer to enhance light emission efficiency (¶ 56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form conductive oxide between McGroddy’s electrode 124,150 and the semiconductor stack to improve current supply efficiency for enhancing light emission as taught by Jang.
In re claim 2, as best understood, McGroddy discloses (e.g. see FIGs. 25 & 32) “wherein the second electrode 124 has a lateral length greater than a lateral length of the current guiding part, through which the current passes” (as best understood, lateral length of electrode 124 is greater than lateral length of “current injection region” 180,188 through which the current passes; ¶ 122,130).
In re claim 5, McGroddy discloses (e.g. FIGs. 10, 25 & 32) wherein each of the first electrode 150,152 and the second electrode 124 comprises of any one of aluminum (Al) , titanium (Ti) , chromium (Cr) , nickel (Ni), palladium (Pd), silver (Ag) , germanium (Ge) , gold (Au) , or an alloy thereof (¶ 86,94-95).
In re claim 7, McGroddy discloses the electrically conductive oxide is ITO (¶ 94). Jang discloses the electrically conductive oxide (¶ 51,59) of each of the first semiconductor contact layer 50 and the second semiconductor contact layer 30 is indium tin oxide (ITO) or zinc oxide (ZnO).
In re claim 8, McGroddy discloses (e.g. FIG. 32) further comprising a passivation layer 120 provided on the side surface of the micro LED 156, and
wherein the passivation layer 120 (¶ 85) comprises of any one of alumina (Al2O3), silica (SiO2), or silicon nitride (SiN).
In re claim 13, as best understood, McGroddy discloses (e.g. FIGs. 25 & 32) a micro light emitting diode (LED) 156 comprising:
a current spreading layer 104 comprising a light-emitting surface (top surface shown);
a first electrode 150,152 disposed the current spreading layer 104 and electrically connected to the current spreading layer 104;
a first cladding layer 106 and a second cladding layer 110 that are stacked on the current spreading layer 104;
an active layer 108 disposed between the first cladding layer 106 and the second cladding layer 110 (¶ 81);
a second electrode 124 disposed on a semiconductor layer (180 in FIG. 25, ¶ 81,122; 188 in FIG. 30, ¶ 130); and
a current guiding part (178 in FIG. 25, ¶ 122; 186 in FIG. 32, ¶ 130) disposed between the second electrode 124 and the second cladding layer 110, the current guiding part 178,186 being configured to guiding a current to flow away from a side surface of the micro LED 156 (¶ 72,122,130); and
a passivation layer (120 shown in FIG. 32, or 348 in FIG. 37B for LED shown in FIG. 25) provided on the side surface of the micro LED 156,
wherein the semiconductor layer 180,188 is formed on the second cladding layer 110 at a position below the second electrode 124 (when the device is flipped upside down, e.g. prior to transferring to carrier substrate, see FIGs. 24 & 31),
wherein the semiconductor layer 180,188 is surrounded by the current guiding part 178,186, through which the current passes and reaches to the second cladding layer 110, the active layer 108, and the first cladding layer 106 in their sequential order (current flows from electrode 124 toward electrode 152 and is injected through “current injection region” 180,188 surrounded by confinement region 178,186, ¶ 122,130; as such, the current sequentially reaches the second cladding layer 110, the active layer 108, and the first cladding layer 106 due to their respective proximity to electrode 124),
“wherein the second electrode 124 has a lateral length greater than a lateral length of the current guiding part, through which the current passes” (as best understood, lateral length of electrode 124 is greater than lateral length of “current injection region” 180,188 through which the current passes; ¶ 122,130).
McGroddy discloses the first electrode 150,152 and the second electrode 124 may each comprise electrically conductive oxides and in combination with metal layers (¶ 86,94).
McGroddy does not explicitly disclose the conductive oxides are each respectively positioned between the first electrode and the current spreading layer 104, and between the second electrode and the semiconductor layer 180,188.
However, Jang discloses a LED structure (FIG. 5) comprising a semiconductor stack 20 between a first electrode 60 and a second electrode 40. Jang further discloses
a first semiconductor contact layer 50 comprising an electrically conductive oxide (¶ 56) and positioned between the first electrode 60 and the semiconductor stack 20; and
a second semiconductor contact layer 30 comprising the electrically conductive oxide (¶ 50-51) and positioned between the second electrode 40 and the semiconductor stack 20.
Jang discloses disposing conductive oxide between the metal electrode and the semiconductor layer to form ohmic contact that efficiently supply current to the semiconductor layer to enhance light emission efficiency (¶ 56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form conductive oxide between McGroddy’s electrode 124,150 and the semiconductor stack to improve current supply efficiency for enhancing light emission as taught by Jang.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of McGroddy and Jang as applied to claim 1 above, and further in view of Sugawara et al. US 5,048,035 (Sugawara).
In re claim 4, McGroddy discloses the claimed invention including the second cladding layer 110 which is p-type doped and has a lower dopant concentration than the first cladding layer 106, including no doping (¶ 81).
McGroddy does not explicitly discloses a carrier concentration of the second cladding layer is less than 5E+17/cm3.
Sugawara discloses a LED structure (FIG. 1) comprising an n-type cladding layer 12 and a p-type cladding layer 14 (Column 3, lines 43-50), and an active layer 13 between the cladding layers. Sugawara further discloses the p-type cladding layer 14 has a carrier concentration of 4×1017cm-3 (Column 4, lines 15-23) as adequate for current injection and desired emission efficiency.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form McGroddy’s p-type cladding layer 110 to have carrier concentration of less than 5E+17/cm3, e.g. 4×1017cm-3 as taught by Sugawara as for desired electrical and optical characteristics.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP 2144.05 II. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382; In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Lab. Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997); Smith v. Nichols, 88 U.S. 112, 118-19 (1874); In re Williams, 36 F.2d 436, 438 (CCPA 1929). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McGroddy in view of Jang et al. US 2007/0252165 A1 (Jang) and Ahmed et al. US 2019/0041562 A1 (Ahmed).
In re claim 15, as best understood, McGroddy discloses a display module (see FIGs. 37A-38B, ¶ 139) comprising:
a thin film transistor (TFT) substrate comprising a TFT layer 300 provided on one surface of the substrate (¶ 139); and
a plurality of TFT electrodes 342 provided on the TFT layer 300;
a plurality of micro light emitting diodes (LEDs) 156 electrically connected to the plurality of TFT electrodes 342,
wherein each of the micro LEDs 156 comprises (e.g. see FIGs. 25 & 32):
a current spreading layer 104 comprising a light-emitting surface (top surface shown);
a first electrode 150,152 disposed on the current spreading layer 104 and electrically connected to the current spreading layer 104;
a first cladding layer 106 and a second cladding layer 110 that are stacked on the current spreading layer 104;
an active layer 108 disposed between the first cladding layer 106 and the second cladding layer 110 (¶ 81);
a second electrode 124 disposed on a semiconductor layer (180 in FIG. 25, ¶ 81,122; 188 in FIG. 30, ¶ 130);
a current guiding part (178 in FIG. 25, ¶ 122; 186 in FIG. 32, ¶ 130) disposed between the second electrode 124 and the second cladding layer 110; the current guiding part 178,186 being configured to guiding a current to flow away from a side surface of the micro LED 156 (¶ 72,122,130); and
a passivation layer (120 shown in FIG. 32, or 348 in FIG. 37B for LED shown in FIG. 25) provided on the side surface of the micro LED 156,
wherein the semiconductor layer 180,188 is formed on the second cladding layer 110 at a position below the second electrode 124 (when the device is flipped upside down, e.g. prior to transferring to carrier substrate, see FIGs. 24 & 31),
wherein the semiconductor layer 180,188 is surrounded by the current guiding part 178,186, through which the current passes and reaches to the second cladding layer 110, the active layer 108, and the first cladding layer 106 in their sequential order (current flows from electrode 124 toward electrode 152 and is injected through “current injection region” 180,188 surrounded by confinement region 178,186, ¶ 122,130; as such, the current sequentially reaches the second cladding layer 110, the active layer 108, and the first cladding layer 106 due to their respective proximity to electrode 124),
“wherein the second electrode 124 has a lateral length greater than a lateral length of the current guiding part, through which the current passes” (as best understood, lateral length of electrode 124 is greater than lateral length of “current injection region” 180,188 through which the current passes; ¶ 122,130).
McGroddy discloses the first electrode 150,152 and the second electrode 124 may each comprise electrically conductive oxides and in combination with metal layers (¶ 86,94).
McGroddy does not explicitly disclose the conductive oxides are each respectively positioned between the first electrode and the current spreading layer 104, and between the second electrode and the semiconductor layer 180,188.
However, Jang discloses a LED structure (FIG. 5) comprising a semiconductor stack 20 between a first electrode 60 and a second electrode 40. Jang further discloses
a first semiconductor contact layer 50 comprising an electrically conductive oxide (¶ 56) and positioned between the first electrode 60 and the semiconductor stack 20; and
a second semiconductor contact layer 30 comprising the electrically conductive oxide (¶ 50-51) and positioned between the second electrode 40 and the semiconductor stack 20.
Jang discloses disposing conductive oxide between the metal electrode and the semiconductor layer to form ohmic contact that efficiently supply current to the semiconductor layer to enhance light emission efficiency (¶ 56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form conductive oxide between McGroddy’s electrode 124,150 and the semiconductor stack to improve current supply efficiency for enhancing light emission as taught by Jang.
McGroddy does not explicitly disclose the display substrate comprises a glass substrate.
However, Ahmed discloses (e.g. FIGs. 1-2) a display device comprising a TFT substrate 201 including TFT switching elements 220 on a glass 210 (¶ 26), and micro LEDs 130 disposed above the TFT substrate 201.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the McGroddy’s TFT substrate using a glass substrate as taught by Ahmed for its well-known property and low cost in display device. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive.
Regarding 35 USC 112(b) rejections, amendments to claims 2, 13 and 15 remains indefinite for the reason detailed in the rejection above.
Regarding the prior art rejections under 35 USC 103, Applicant argues McGroddy’s element 150 is metallic and is not formed of electrically conductive oxide (Remark, page 10).
This is not persuasive. In ¶ 0094 of the disclosure, McGroddy describes “[c]onductive contact layer 152 can also be a combination of one or more metal layers and a conductive oxide”. Therefore, there is explicit disclosure to forming the contact electrode as a combination of a metal layer and a conductive oxide.
Applicant argues claim 6 now incorporated into claim 1 requires “the semiconductor layers (the first and the second), not their materials (electrically conductive oxide) are positioned between the claimed electrodes and layers” (Remark, page 10).
This is not persuasive. Applicant appears to be misconstruing the claimed invention. Claims recite “a first semiconductor contact layer” and “a second semiconductor contact layer” are respectively positioned between the first electrode and the current spreading layer, and between the second electrode and the semiconductor layer. The first/second semiconductor contact layers are claimed to comprise electrically conductive oxide which can be ITO or ZnO as disclosed by Applicant’s published application in ¶ 105 (also see claim 7). Therefore, a proper interpretation of the claim is the presence of electrically conductive oxide material, e.g. ITO or ZnO, between the respective first/second electrodes and the current spreading layer or the semiconductor layer.
Applicant further argues the combination of McGroddy and Jang would not teach claimed invention because McGroddy fails to teach “a first semiconductor contact layer comprising an electrically conductive oxide and positioned between the first electrode ant the current spreading layer” and Jang’s semiconductor stack 20 does not correspond with the current spreading layer 104 of McGroddy (Remark, pages 11-12).
This is not persuasive. Firstly, while not explicitly shown in the drawing, McGroddy explicitly disclose “[c]onductive contact layer 152 can also be a combination of one or more metal layers and a conductive oxide” (¶ 94).
Furthermore, Jang’s semiconductor stack 20 (FIG. 5) is analogous to McGroddy’s semiconductor body 104,106,108,110,114,114, including an active layer (McGroddy’s 108) between an n-type semiconductor layer (McGroddy’s 104,106, ¶ 79; Jang’s 21, ¶ 47) and a p-type semiconductor layer (McGroddy’s 110,114, ¶ 81; Jang’s 23, ¶ 47) forming a LED diode structure.
Jang further discloses (FIG. 5) the semiconductor stack 20 is electrically contacted by a first electrode 60 and a second electrode 40, wherein the LED structure comprises a TCO (transparent conductive oxide) layer 50 between the first electrode 60 and the n-type semiconductor layer 21 of the semiconductor stack 20, and a TCO layer 30 between the second electrode 40 and the p-type semiconductor layer 23 of the semiconductor stack 20 (¶ 50-51,56).
Jang discloses arranging conductive oxide between the metal electrode and the semiconductor layer to form ohmic contact that efficiently supply current to the semiconductor layer to enhance light emission efficiency (¶ 56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify McGroddy’s LED structure by providing a conductive oxide between an n-side electrode and the n-type semiconductor layer 106 and providing a conductive oxide between a p-side electrode and the p-type semiconductor layer 114 to improve current supply efficiency for enhancing light emission as taught by Jang.
Furthermore, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 YU CHEN whose telephone number is (571)270-7881. The examiner can normally be reached Monday-Friday: 9AM-5PM ET.
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/YU CHEN/Primary Examiner, Art Unit 2896
YU CHEN
Examiner
Art Unit 2896
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