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, See Page 8, final paragraph of applicant’s arguments, filed 12/29/2025 in regards to the rejection(s) of claim 1 and dependent claims under 35 U.S.C. 102(a)(1) in view of Inoue(US 20210193867 A1, hereafter Inoue) have been fully considered but they are not persuasive. As stated in Page 8 applicant argues that Inoue does not describe a plurality of light-emitting layers Fig. 6B 20a are formed on the same n-side semiconductor 6B 20n. This is true, but only by specifically interpreting the layer 20n as a single, continuous layer. Under the broadest reasonable interpretation of the claims, this may not necessarily be true, as well as in view of the prior art, where a layer is often described or shown as a set of non-contiguous elements which are deposited concurrently or on a same level. Therefore, it is interpreted in the current claim language that “a planarization layer” as in claim 1 is too broad to overcome the prior art of Inoue, as while the planarization in the application at hand is a continuous layer and the planarization layer in Inoue is not, this is not made clear by the present claim language. The remaining amendments do not significantly alter the scope of the claim, so the rejection under Inoue as in the non-final rejection, dated 10/15/2025 is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al.(US 20170108173 A1) discloses a substrate with protrusions on a LED device. Seo(US 20200194628 A1) discloses a substrate with protrusions and a groove. Sugano(US 8927348 B2) discloses a substrate with an array of LED elements disposed therein.
THIS ACTION IS MADE FINAL. 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.
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/FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897
/MARSHALL MU-NUO HATFIELD/Examiner, Art Unit 2897