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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/18/2026 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.
Claims 1 and 4-11 are 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.
Claim 1 recites the limitation “the second light emitting stack has an opposite conductivity-type sequence relative to the first light emitting stack”, which lacks the full support of the original disclosure. The original specification does not disclose this limitation. Furthermore, Fig. 6 shows that the first light emitting stack 105a (i.e. layers 104a, 106a and 108a as shown in Fig. 5) includes the top layer 104a, which is n type ([0047] of the specification), and the second light emitting stack 105b (i.e. layers 104b, 110b, 108b, 106b as shown in Fig. 5) includes the top layer 104b, which is also n type ([0049] of the specification). Thus, Fig. 6 does not show a structure as claimed: “the second light emitting stack has an opposite conductivity-type sequence relative to the first light emitting stack”. Thus, this limitation does not have the full support of the original disclosure.
Claims 4-11 are rejected because they depend on the rejected claim 1.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al. (US 2022/0285578 A1) teach a light-emitting diode including a first-light emitting cell, a second light-emitting cell, and a third light-emitting cell that are sequentially provided in one direction and connected by a first tunnel junction and a second tunnel junction.
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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 7/22/2026
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