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 Objections
Claims 3-4 and 18-19 are objected to because of the following informalities: claims 3, 18 and 19 each recites “VF”. “VF” should be preceded by a type of voltage (i.e. forward voltage, breakdown voltage etc..) so that one knows what it stands for. Appropriate correction is required.
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 1-20 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. Independent claim 1 recites “a total voltage of the plurality of first light-emitting elements” (emphasis added) and independent claim 17 recites “a total voltage of the plurality of light-emitting elements” (emphasis added). It is unclear what Applicants are calling “a total voltage”. A light emitting device is conventionally characterized by four different types of voltage: forward voltage, reverse breakdown voltage, maximum forward voltage, system input voltage. It is unclear which one of those voltages Applicants are claiming as it is not specifically stated in the claims nor explicitly described in the specification (the Examiner notes here that even if Applicants were to amend the description section to further clarify the so called “total voltage”, that clarification can’t be imported into the claims as currently standing, and this as per MPEP 2145.VI).
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 16 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 16 recites “the μ-LED device has a size ranging from 100 μm to 10 μm or the mini-LED device has a size ranging from 200 μm to 100 μm.” (emphasis added) and claim 20 recites “the light emitting device includes a micro-light emitting diode (μ-LED) device having a size ranging from 100 μm to 10 μm or a mini-LED device having a size ranging from 200 μm to 100 μm.” (emphasis added). A LED is a three-dimensional structure, thus having dimension characteristics such as a length, width and thickness. As such, it is unclear which one of those dimension characteristics the limitation “a size” is referring to. Clarification is needed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baumheinrich et al. (US 2021/0166618), Chu et al. (US 2015/0230298), Ide et al. (US 2014/0097762) and Kitagawa et al. (US 2012/0133291) disclose structures similar to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PENIEL M GUMEDZOE whose telephone number is (571)270-3041. The examiner can normally be reached M-F: 9:00AM - 5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dale Page can be reached at 5712707877. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PENIEL M GUMEDZOE/Primary Examiner, Art Unit 2899