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 .
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.
Claim(s) 1-3, 6-7, 14, 21-24, & 26-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHEN et al. (US 20130015473).
Regarding claim 1, CHEN discloses that a semiconductor light emitting device package for display pixels, the semiconductor light emitting device package comprising:
a first semiconductor light emitting device 12 of a first color having a first material; and
a second semiconductor light emitting device 22 of a second color having a second material and disposed on the first semiconductor light emitting device 12 of the first color; and
a third semiconductor light emitting device 12 of a third color having a third material and disposed on one side of the first semiconductor light emitting device 12 and the second semiconductor light emitting device 22, wherein the first semiconductor light emitting device 12 of the first color comprises a first semiconductor light emitting structure having an inner recess, and a first-first electrode 14 and a first-second electrode layer 24 electrically connected to a first side and a second side of the first semiconductor light emitting structure (Fig. 1-4), respectively, and wherein the second color-semiconductor light emitting device22 is disposed in the inner recess of the first-color semiconductor light emitting device 12, wherein the second color is different from the first color (para. 0011, the first color can be the same or different from the second color), and wherein the third color is different from the first color and the second color (para. 0011,the third color can be the same as the second color in para. 0011).
Reclaim 2, CHEN discloses that the first semiconductor light emitting structure of the first semiconductor light emitting device 12 includes a first conductivity type first-first semiconductor layer, a second conductivity type first-second semiconductor layer, and a first active layer disposed therebetween, and wherein the first-first electrode 13 is electrically connected to the first conductivity type first-first semiconductor layer 121, and the first-second electrode layer 14 is electrically connected to the second conductive type first-second semiconductor layer and the second semiconductor light emitting device (Fig. 1-4).
Reclaim 3, CHEN discloses that a first-first metal layer and a second-first metal layer 56 disposed between the second semiconductor light emitting device and the first semiconductor light emitting device in an electrically insulated state (Fig. 4).
Reclaim 6, CHEN discloses that the first-first metal layer and the second-first metal layer vertically overlap the second semiconductor light emitting device (Fig. 3-4).
Reclaim 7, CHEN discloses that an upper surface of the second semiconductor light emitting device is positioned higher than an upper surface of the first semiconductor light emitting device (Fig. 1-4).
Regarding claim 14, CHEN discloses that a display device including the a semiconductor light emitting device package, wherein the semiconductor light emitting device package comprises:
a first semiconductor light emitting device 12 of a first color having a first material;
a second semiconductor light emitting device 22 of a second color having a second material and disposed on the first semiconductor light emitting device of the first color; and
a third semiconductor light emitting device 12 of a third color having a third material and disposed on one side of the first semiconductor light emitting device and the second semiconductor light emitting device, wherein the first semiconductor light emitting device 12 of the first color comprises a first semiconductor light emitting structure having an inner recess (See modified Fig. 1 above, Fig. 1-4), and a first-first electrode 13 and a first-second electrode layer 14 electrically connected to a first side and a second side of the first semiconductor light emitting structure, respectively, wherein the second semiconductor light emitting device 22 is disposed in the inner recess of the first semiconductor light emitting device12, wherein the second color is different from the first color, and wherein the third color is different from the first color and the second color (para. 0011).
Reclaim 21, CHEN discloses that the first-first metal layer 34 & 38 and the second-first metal layer 38 are disposed below the second semiconductor light emitting device 42 (Fig. 3-4).
Reclaim 22, CHEN discloses that the first-second electrode layer is contact with a second-second electrode layer of the second semiconductor light emitting device (Fig. 3-4).
Reclaim 23, CHEN discloses that the second material is different from the first material, and wherein the third material is a same with the first material (para. 0011).
Reclaim 24, CHEN discloses that the first semiconductor light emitting device of the first color is configured to surround the second semiconductor light emitting device of the second color (Fig. 1-4, note partially surround).
Reclaim 26, CHEN discloses that in the third semiconductor light emitting device of the third color is spaced apart from the first semiconductor light emitting device of the first color (Fig. 1-4).
Reclaim 27, CHEN discloses that the third semiconductor light emitting device of the third color is spaced apart from the second semiconductor light emitting device of the second color (Fig. 1-4).
Reclaim 28. , CHEN discloses that a portion of the first semiconductor light emitting device of the first color is disposed between the third semiconductor light emitting device of the third color and the second semiconductor light emitting device of the second color (Fig. 1-4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (US 20130015473) in view of Kang et al. (US 20190019816).
Reclaim 4, CHEN is silent that the first-first metal layer and the second-first metal layer include a reflective metal layer.
However, Kang suggests that connection electrode (as referred a pixel electrode AE) can be a reflective metal layer (par. 0103, “- - Al, Ag, Au, Pt, Cu or the like - -“).
Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of applicant(s) claimed invention was made to provide CHEN with the first-first metal layer and the second-first metal layer include a reflective metal layer as taught by Kang in order to enhance electrical connection with a proper metal and also, the claim would have been obvious because the substitution of one know element for another would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN et al. (US 20130015473).
Reclaim 25, CHEN fail to specify that a lateral width of the first semiconductor light emitting device of the first color is greater than that of the second semiconductor light emitting device of the second color.
However, notwithstanding, one of ordinary skill in the art would have been led to the recited dimensions through routine experimentation and optimization.
Before effective filing date of the invention it would have been obvious to a person of ordinary skill in the art to use a certain width of LEDs, because it would have been to obtain a certain width of LEDs to achieve controlling color rendering with different wavelength LEDs due to width of active layer control brightness of LEDs.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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
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.
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/SU C KIM/ Primary Examiner, Art Unit 2899