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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “pixel electrodes of the plurality of unit pixels included in the first pixel are formed to be point-symmetrical to pixel electrodes of the plurality of unit pixels included in the second pixel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “pixel electrodes of the plurality of unit pixels included in the first pixel are formed to be line-symmetrical to pixel electrodes of the plurality of unit pixels included in the second pixel” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first pixel and the second pixel are integrated into a substrate” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-8 and 9-13 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.
Lack of written description for all colors that would be encompass by “a semiconductor light emitting element of a first color”
Claims 1, 10 and 13 broadly disclose “a semiconductor light emitting element of a first color”.
Claim 1 discloses “a light conversion layer configured to convert the first color into a second or third color”.
Claim 10 discloses “a light conversion layer that converts the first color into a second or third color”.
Claim 13 discloses “a light conversion layer disposed inward from one surface of the semiconductor light emitting element, and formed in a nanopore structure to convert the first color into a second color different from the first color”
Paragraph [82] of the applicant’s specification disclose “blue, red, and green colors”.
The examiner submits “a semiconductor light emitting element of a first color” would include a semiconductor light emitting element of blue, red, or green colors.
The specification fails to disclose a red light emitting element and using a light conversion layer to convert the red light to green or blue.
The examiner submits if one uses a semiconductor light emitting element one would not be able to convert the light into blue or green colors, because the blue and green colors have a smaller wavelength and the conversion layer cannot convert to color than has a smaller (higher energy) wavelength.
Claim 1 is broader than claim 9.
Claim 9 is not rejected because the applicant claims a blue color which does have written description.
Claims 1-8 and 10-13are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a blue or UV light emitting element, does not reasonably provide enablement for a red color light emitting element. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
Scope of the claims
Claims 1, 10, and 13 broadly disclose “a semiconductor light emitting element of a first color”.
Claim 1 discloses “a light conversion layer configured to convert the first color into a second or third color”.
Claim 10 discloses “a light conversion layer that converts the first color into a second or third color”.
Claim 13 discloses “ a semiconductor light emitting element configured to display light of a first color; a semiconductor light emitting element configured to display light of a first color; a light conversion layer disposed inward from one surface of the semiconductor light emitting element, and formed in a nanopore structure to convert the first color into a second color different from the first color”
Paragraph [82] of the applicant’s specification disclose “blue, red, and green colors”.
The examiner submits “a semiconductor light emitting element of a first color” would include a semiconductor light emitting element of blue, red, or green colors.
Claims 1, 10, and 13 disclose a light emitting element of “a first color” which would encompass the color red.
Claim 1 is broader than claim 9.
Claim 9 is not rejected because the applicant claims a blue color which does have written description.
Lack of working example
The specification fails to disclose a red light emitting element and using a light conversion layer to convert the red light to green or blue.
The examiner submits if one uses a semiconductor light emitting element one would not be able to convert the light into blue or green colors, because the blue and green colors have a smaller wavelength and the conversion layer cannot convert to color than has a smaller wavelength.
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 and 6-9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Rhee (WO 2019/142965 published 7/25/2019, the examiner will use US 2020/0343426 as the English translation).
Regarding claim 1, Rhee disclose the first pixel ( fig 2,purple line below in marked up figure 2, and fig 3B) and the second pixel ( fig 2,green line below in marked up figure 2), each of which includes a plurality of unit pixels (150); wherein at least one of the plurality of unit pixels includes a semiconductor light emitting element of a first color (blue)[0068]; remaining unit pixels among the plurality of unit pixels include the semiconductor light emitting element of the first color and a light conversion layer (181, 182) configured to convert the first color into a second or third color; and the light conversion layer of the unit pixel disposed neighboring the second pixel among the plurality of unit pixels included in the first pixel is formed to have a same color as the light conversion layer (181 for red) of the unit pixel disposed neighboring the first pixel among the plurality of unit pixels included in the second pixel (see marked up figure 2 below and figure 3A).
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Regarding claim 6, Rhee disclose pixel electrodes of the plurality of unit pixels included in the first pixel are formed to be point-symmetrical to pixel electrodes of the plurality of unit pixels included in the second pixel. The examiner submits first pixel electrodes (LED electrodes) will be the same (i.e. point symmetrical) as second pixel electrodes (LED electrodes) as shown in the marked up figure above. The examiner notes that figure 2 is the same as figure 2 in the current application.
Regarding claim 7, Rhee disclose pixel electrodes of the plurality of unit pixels included in the first pixel are formed to be line-symmetrical to pixel electrodes of the plurality of unit pixels included in the second pixel. The examiner submits first pixel electrodes (LED electrodes) of the plurality of unit pixels will be the same (i.e. line symmetrical) as second pixel electrodes (LED electrodes) of the plurality of unit pixels as shown in the marked up figure above.
Regarding claim 8, Rhee disclose the first pixel and the second pixel are integrated into a substrate (210) (single chip) (fig 2). The applicant does not define the composition of the “chip”, and the examiner submits the polyimide substrate would serve as the claimed chip.
Regarding claim 9, Rhee disclose the first color is blue [0068].
Claim(s) 10-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Han et al. (US 2020/0152841).
Regarding claim 10, Han et al. disclose forming a plurality of semiconductor light emitting elements (102) (fig 1A), each of which includes a semiconductor light emitting element of a first color (blue)[0056]; disposing a barrier on one surface of some of the semiconductor light emitting elements (202) (figs. 2B and 2C); and forming a light conversion layer (114) that converts the first color into a second or third color [0056, 0057] in a semiconductor light emitting element on which the barrier is not disposed among the semiconductor light emitting elements(figs. 2B and 2C), wherein forming the light conversion layer includes: converting a color of at least one semiconductor light emitting element disposed neighboring a semiconductor light emitting element having a color to be converted into the second color (green, using green quantum dots)[0005, 0023, 0056, 0057], into the second color; and converting a color of at least one semiconductor light emitting element disposed neighboring a semiconductor light emitting element having a color to be converted into the third color, into the third color (red, using red quantum dots)[0005, 0023, 0056, 0057].
Regarding claim 11, Han et al. disclose forming a nanopore structure (114)[0072-0075]; and injecting (using a solution with suspended quantum dots to carry quantum dots into the nanopores) a wavelength conversion material into the nanopore structure [0076].
Regarding claim 12, Han et al. disclose forming a protective layer (ITO) on at least one side of the semiconductor light emitting element to cover the nanopore structure (figs. 2D and 3F).
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.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhee (WO 2019/142965 published 7/25/2019, the examiner will use US 2020/0343426 as the English translation) in view of Han et al. (US 2020/0152841).
Rhee et al. disclose the invention supra.
Rhee et al. fails to disclose the light conversion layer has a nanopore structure, and is formed in the semiconductor light emitting element.
Han et al. disclose the light conversion layer has a nanopore structure (114), and is formed in the semiconductor light emitting element (figs. 2B, 2C, fig 3B and 3F).
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using a nanopore structure to hold quantum dots), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the nanopore structure would hold quantum dots).
Regarding claims 3 and 4, Han et al. disclose he nanopore structure includes a wavelength conversion material (quantum dots) [0073].
Regarding claims 5, Han et al. disclose a protective layer (ITO) formed on at least one side of the semiconductor light emitting element to cover the nanopore structure (figs. 2D and 3F).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rhee (WO 2019/142965 published 7/25/2019, the examiner will use US 2020/0343426 as the English translation) in view of Han et al. (US 2020/0152841) and Jung et al. (US 2015/0091037).
Rhee disclose a semiconductor light emitting element (150)(fig. 2) configured to display light of a first color (blue) [0068].
Rhee fails to disclose a light conversion layer disposed inward from one surface of the semiconductor light emitting element, and formed in a nanopore structure to convert the first color into a second color different from the first color.
Han et al. disclose a light conversion layer (114) disposed inward from one surface of the semiconductor light emitting element, and formed in a nanopore structure to convert the first color into a second color different from the first color (figs. 2B, 2C, fig 3B and 3F).
The combination would result in the light conversion layer being formed in Rhee’s layer 153 (figure 4).
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using a nanopore structure to hold quantum dots), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the nanopore structure would hold quantum dots which would convert the color).
Rhee and Han et al. fail to disclose a protective layer stacked on one surface of the semiconductor light emitting element to cover the light conversion layer, wherein the protective layer is configured in a manner that one surface thereof facing one surface of the semiconductor light emitting element is formed to be rougher than the outer surface contacting one surface of the semiconductor light emitting element.
Jung et al. disclose a protective layer (173) stacked on one surface (bottom) of the semiconductor light emitting element, wherein the protective layer is configured in a manner that one surface thereof facing one surface of the semiconductor light emitting element is formed to be rougher than the outer surface contacting one surface of the semiconductor light emitting element [0044, 0066] (fig. 4).
The combination of Rhee and Han et al. and Jung et al. would result in the protective layer covering Han’s light conversion layer (114) formed in Rhee’s (153) semiconductor layer
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (using surface roughness for to maximize light exatraction [Jung. 0066]), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the roughening the surface would maximize light extraction efficiency [Jung. 0066]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY K SMITH whose telephone number is (571)272-1884. The examiner can normally be reached Monday-Friday, 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marlon Fletcher can be reached at 571-272-2063. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRADLEY SMITH/Primary Examiner, Art Unit 2817