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 .
Election/Restrictions
Claim 2 is allowable. The restriction requirement as set forth in the Interview dated 08 September 2025, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of 08 September 2025 is withdrawn.
Claims 6-7 and 13-14, directed to Species II, Figs. 13-22, in which the anode and cathode oppose each other, are no longer withdrawn from consideration because the claims require all the limitations of allowable claim 2.
However, claim 15, directed to a semiconductor device, is withdrawn from consideration because it does not require all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claims 7 and 14 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.
Regarding claim 7, the metes and bounds of the claimed invention are vague and ill-defined as a result of uncertainty in the different boundaries “filling a planarization film between the plurality of LED chips after mounting the plurality of light emitting elements and mounting a cathode electrode over the plurality of LED chips on the planarization film.” The claim is indefinite because there is insufficient antecedent basis for the limitation “the plurality of light emitting elements”.
Regarding claim 14, the metes and bounds of the claimed invention are vague and ill-defined as a result of uncertainty in the different boundaries “filling a planarization film between the plurality of LED chips after mounting the plurality of light emitting elements and mounting a cathode electrode over the plurality of LED chips on the planarization film.” The claim is indefinite because there is insufficient antecedent basis for the limitation “the plurality of light emitting elements”.
Allowable Subject Matter
Claims 2-14 are allowed. The reasons for the indication of allowable subject matter is given on page 8 of applicant’s remarks filed on 11 December 2025.
Although various prior art references disclose several individual limitations in the claims, these references, and their combinations, neither anticipate nor render obvious the identified limitations, as structured and interrelated in the context of the claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONYA D MCCALL-SHEPARD whose telephone number is (571)272-9801. The examiner can normally be reached M-F: 8:30 AM-5:00 PM.
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, Julio J. Maldonado can be reached at (571)272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sonya McCall-Shepard/Primary Examiner, Art Unit 2898