DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This Office Action is in response to Amendments/Remarks filed on March 30, 2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-11, and 14-16 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by U.S. Patent No. 9,537,069 B1 to Bower et al. (“Bower”). As to claim 1, Bower discloses a light emitting element comprising: a first semiconductor layer (22); a light emitting layer (24, 25) disposed on the first semiconductor layer (22); a second semiconductor layer (26) disposed on the light emitting layer (24, 25); an electrode layer (42) disposed on the second semiconductor layer (26); and an insulative film (50) surrounding side surfaces of the first semiconductor layer (22), the light emitting layer (24, 25), and the second semiconductor layer (26), the insulative film (50) surrounding a portion of the electrode layer (42) at a first end portion at which the electrode layer (42) is disposed, wherein the electrode layer (42) includes: a first surface (bottom) adjacent to the second semiconductor layer (26); and a second surface (top) facing the first surface (bottom), the second surface (top) having a width greater than a width of the first surface (bottom), and wherein an end of the insulative film (50) extends no farther than a surface of the first semiconductor layer (22) exposed by the insulative film (50) (See Fig. 2, Fig. 3, Fig. 4, Column 11, lines 3-66, Column 12, lines 4-67). As to claim 2, Bower further discloses wherein the width of the second surface (top) of the electrode layer (42) is greater than or equal to a width of an upper surface of the second semiconductor layer (26), which contacts the first surface (bottom) of the electrode layer (26) (See Fig. 3). As to claim 3, Bower further discloses wherein the width of the first surface (bottom) of the electrode layer (42) is smaller than or equal to the width of the upper surface of the second semiconductor layer (26) (See Fig. 3). As to claim 4, Bower further discloses wherein the electrode layer (42) further includes a side surface extending from the first surface (bottom) to the second surface (top), and the side surface of the electrode layer (42) has a slope corresponding to an angle in a range of about 90 degrees to about 135 degrees with respect to the first surface (bottom) (See Fig. 3) (Notes: the limitation “about” is met by Fig. 3). As to claim 5, Bower further discloses wherein the insulative film (50) has a thickness changed at the first end portion (See Fig. 3). As to claim 6, Bower further discloses wherein the insulative film (50) has a thickness increasing as becoming closer to the first surface (bottom) of the electrode layer (42) from the second surface (top) of the electrode layer (42) (See Fig. 3). As to claim 8, Bower further discloses wherein the insulative film (50) completely surrounds side surfaces of the light emitting layer (24, 25) and the second semiconductor layer (26) (See Fig. 3). As to claim 9, Bower further discloses wherein the first surface (bottom) of the electrode layer (42) directly contacts the second semiconductor layer (26) (See Fig. 3). As to claim 10, Bower further discloses wherein the insulative film (50) surrounds at least a portion of a side surface of the electrode layer (42), which is located at a periphery of the first surface (bottom) of the electrode layer (42), and the insulative film (50) exposes the second surface (top) of the electrode layer (42) (See Fig. 3). As to claim 11, Bower further discloses wherein the insulative film (50) exposes a lower surface of the first semiconductor layer (22) (See Fig. 3) (Notes: the first semiconductor layer is exposed to contact the transparent substrate). As to claim 14, Bower discloses a display device comprising: a pixel (80) including: a first electrode (49); a second electrode (48); and a light emitting element (5) including a first end portion electrically connected to the first electrode (49) and a second end portion electrically connected to the second electrode (48), wherein the light emitting element (5) includes: a first semiconductor layer (22), a light emitting layer (24, 25), a second semiconductor layer (26), and an electrode layer (42), which are sequentially disposed in a direction from the second end portion to the first end portion; and an insulative film (50) surrounding side surfaces of the first semiconductor layer (22), the light emitting layer (24, 25), the second semiconductor layer (26), and the electrode layer (42), the electrode layer (42) includes: a first surface (bottom) adjacent to the second semiconductor layer (26); and a second surface (top) facing the first surface (bottom), the second surface (top) having a width greater than a width of the first surface (bottom), and an end of the insulative film (50) extends no farther than a surface of the first semiconductor layer (22) exposed by the insulative film (50) (See Fig. 2, Fig. 3, Fig. 4, Column 11, lines 3-66, Column 12, lines 4-67). As to claim 15, Bower further discloses wherein the insulative film (50) completely surrounds side surfaces of the light emitting layer (24, 25) and the second semiconductor layer (26) (See Fig. 3). As to claim 16, Bower further discloses wherein the first surface (bottom) of the electrode layer (42) directly contacts the second semiconductor layer (26), and the insulative film (50) surrounds at least a portion of the side surface of the electrode layer (42), which is located at the periphery of the first surface (bottom) of the electrode layer (42), and the insulative film (50) exposes the second surface (top) of the electrode layer (42) (See Fig. 3).
Claim(s) 1, 4-6, 8, and 11-13 are rejected under 35 U.S.C. 102(a)(1)(2) as being anticipated by U.S. Patent Application Publication No. 2015/0263236 A1 to Suzuki (“Suzuki”). As to claim 1, Suzuki discloses a light emitting element comprising: a first semiconductor layer (20); a light emitting layer (25) disposed on the first semiconductor layer (20); a second semiconductor layer (30) disposed on the light emitting layer (25); an electrode layer (50, 51) disposed on the second semiconductor layer (30); and an insulative film (60, 75) surrounding side surfaces of the first semiconductor layer (20), the light emitting layer (25), and the second semiconductor layer (30), the insulative film (60, 75) surrounding a portion of the electrode layer (50, 51) at a first end portion at which the electrode layer (50, 51) is disposed, wherein the electrode layer (50, 51) includes: a first surface (at 20c) adjacent to the second semiconductor layer (30); and a second surface (opposite) facing the first surface (at 20c), the second surface (opposite) having a width greater than a width of the first surface (at 20c), and wherein an end of the insulative film (60, 75) extends no farther than a surface of the first semiconductor layer (20) exposed by the insulative film (60, 75) (See Fig. 1, ¶ 0015, ¶ 0020, ¶ 0022, ¶ 0023, ¶ 0027, ¶ 0049). As to claim 4, Suzuki further discloses wherein the electrode layer (50, 51) further includes a side surface extending from the first surface (at 20c) to the second surface (opposite), and the side surface of the electrode layer (50, 51) has a slope corresponding to an angle in a range of about 90 degrees to about 135 degrees with respect to the first surface (at 20c) (See Fig. 1) (Notes: the limitation “about” is met by Fig. 2). As to claim 5, Suzuki further discloses wherein the insulative film (60, 75) has a thickness changed at the first end portion (See Fig. 1). As to claim 6, Suzuki further discloses wherein the insulative film (60, 75) has a thickness increasing as becoming closer to the first surface (at 20c) of the electrode layer (50, 51) from the second surface (opposite) of the electrode layer (50, 51) (See Fig. 1). As to claim 8, Suzuki further discloses wherein the insulative film (60, 75) completely surrounds side surfaces of the light emitting layer (25) and the second semiconductor layer (30) (See Fig. 1). As to claim 11, Suzuki further discloses wherein the insulative film (60, 75) exposes a lower surface (at 20a) of the first semiconductor layer (20) (See Fig. 1). As to claim 12, Suzuki further discloses wherein the first semiconductor layer (20) includes a first part (interfacing 25) adjacent to the light emitting layer (25) and a second part (opposite of first part) except the first part (interfacing 25), and a width at the first part (interfacing 25) is greater than a width at the second part (opposite of first part) (See Fig. 1) (Notes: the limitation “part” is defined as a piece or portion of a whole by Dictionary.com). As to claim 13, Suzuki further discloses wherein the insulative film (60, 75) has a thickness at a portion (thicker) surrounding the second part (opposite of first part) of the first semiconductor layer (20), which is greater than a thickness at a portion (thinner) surrounding the first part (interfacing 25) of the first semiconductor layer (20) (See Fig. 1) (Notes: the limitation “portion” is defined as a part of any whole, either separated from or integrated with it by Dictionary.com).
Response to Arguments
Applicant's arguments with respect to claims 1 and 14 have been considered but are moot in view of the new ground(s) of rejection.
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 DAVID CHEN whose telephone number is (571)270-7438. The examiner can normally be reached M-F 12-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSHUA BENITEZ can be reached at (571) 270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID CHEN/Primary Examiner, Art Unit 2815
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