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 .
Election/Restrictions
Applicant’s election of Group I and Species I of Fig. 1 in the reply filed on 01/16/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 17-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/16/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 06/14/2023 and 06/14/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
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.
Claim 1-6 and 8-16 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 1 recites the limitation “an array” in the 4th line of the claim. It is unclear whether the limitation is the same as or different from “an array of axial light-emitting diodes” recited in first two lines of the claim.
Claim 1 recites the limitation “a photonic crystal configured to be able to form three resonance peaks” in the 5th line of the claim, which is ambiguous. It is unclear whether the photonic crystal forms three resonance peaks.
Claim 1 recites the limitation “said electromagnetic radiation emitted by the array” in the 6th line of the claim, which is inconsistent with other limitations in claim 1. The limitation “said electromagnetic radiation” refers to “the light-emitting diodes each comprising an active area configured to emit an electromagnetic radiation” recited in second and third lines of the claim, i.e. an electromagnetic radiation emitted by the active area of each of the light-emitting diodes, which is different from an electromagnetic radiation emitted by the array which includes the effect of the photonic crystal. The inconsistency renders the claim indefinite.
Claims 2-6 and 8-16 are rejected because they depend on the rejected claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dupont et al. (US 20210273132 A1) teach an array of axial diodes forming a photonic crystal configured to maximize the intensity of the electromagnetic radiation supplied by the diode array.
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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 9/16/2026
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