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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3, 6-8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Han (US Pub. No. 2020/0152841) in view of Lowes (US Pub. No. 2012/0049214) and further in view of Iguchi (US Pub. No. 2019/0267357).
Regarding claim 1, in FIG. 1A, Han discloses an apparatus, comprising: a first nanoporous structure (114, paragraph [0055]) fabricated on a first surface of a first light-emitting device (rightmost 102), wherein a first plurality quantum dots (116, paragraph [0055]) are placed in the first nanoporous structure for converting light emitted by the first light-emitting device into light of a first color (e.g. red; paragraph [0057]); a second nanoporous structure fabricated (114) on a second surface of a second light-emitting device (middle 102), wherein a second plurality quantum dots (116) are placed in the second nanoporous structure for converting light emitted by the second light-emitting device into light a second color (e.g. green; paragraph [0057]); a third light-emitting device that emits light of a third color (e.g. blue, leftmost 102; paragraphs [0056] and [0057]).
Han appears not to explicitly disclose a conductive layer comprising a conductive material, wherein at least a portion of the conductive layer is fabricated in a first trench between the first light-emitting device and the second light-emitting device, and wherein the conductive layer contacts the first surface of the first light-emitting device, the second surface of the second light-emitting device, and a third surface of the third light-emitting device; a color filter on the first nanoporous structure and the second nanoporous structure; a plurality of micro-lenses fabricated on the color filter.
In FIGs. 21A-21B, Lowes discloses a similar light-emitting apparatus wherein to interconnect the light-emitting devices a conductive material (e.g. 80a, 82a, etc.) is formed in a trench between light-emitting devices wherein the conductive material contacts the emissive side (top) of the light-emitting devices.
To interconnect the first, second, and third light-emitting devices it 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 to form a conductive layer comprising a conductive material, wherein at least a portion of the conductive layer is fabricated in a first trench between the first light-emitting device and the second light-emitting device, and wherein the conductive layer contacts the first surface of the first light-emitting device, the second surface of the second light-emitting device, and a third surface of the third light-emitting device.
The combination of Han and Lowes appears not to explicitly disclose a color filter on the first nanoporous structure and the second nanoporous structure and a plurality of micro-lenses fabricated on the color filter.
However, in FIG. 14, Iguchi discloses a similar light-emitting apparatus wherein a color filter (28 and/or 22/23) is formed on the first nanoporous structure (7) and the second nanoporous structure (8) to absorb blue light (paragraphs [0069] and [0133]) and a plurality of micro-lenses (25Lx) are fabricated on the color filter to converge the emitted light (paragraph [0070]).
To absorb blue light in the red and green pixels and to converge the emitted light it 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 to form a color filter on the first nanoporous structure and the second nanoporous structure and form a plurality of micro-lenses fabricated on the color filter.
Regarding claim 2, in FIG. 1A, Han discloses that a first lateral dimension of the first light-emitting device is greater than a second lateral dimension of the first nanoporous structure (104/106/108 is wider than 114).
Regarding claim 3, the combination of Han and Lowes discloses (see FIG. 1A of Han), a substrate (Han, 110) comprising a CMOS circuit (Han, paragraph [0061]); and a dielectric layer (Han 120, paragraph [0062]; Lowes FIG. 21B, element 74, paragraph [0088]), wherein at least a first portion of the dielectric layer is positioned between the substrate and the conductive layer (see Lowes FIG. 21B).
Regarding claim 6, the combination of Han and Lowes discloses that the conductive material comprises a metallic material (conductive metal interconnects, Lowes paragraph [0118]).
Regarding claim 7, in FIG. 1B, Han discloses a third nanoporous structure on the third light-emitting device, wherein no quantum dots are placed in the third nanoporous structure (“electrochemically etched n-GaN layer 114 nanoporous surfaces that does not include any embedded quantum dots,” paragraph [0057]); and wherein the color filter does not cover the third nanoporous structure (see element 21, paragraph [0069] of Iguchi).
Regarding claim 8, the combination of Han, Lowes, and Iguchi discloses that at least a portion of the conductive layer is fabricated in a second trench between the second light-emitting device and the third light-emitting device.
Regarding claim 10, in FIG. 1B, Han discloses that the first surface of the first light-emitting device is a top surface of an n-GaN layer (108) of the first light-emitting device (paragraph [0054]).
Regarding claim 11 in FIG. 1B, Han discloses insulating materials (120/122, paragraph [0062]) disposed on the conductive layer and in a plurality of trenches between the first nanoporous structure, the second nanoporous structure, and the third nanoporous structure, wherein a portion of the color filter is disposed on the insulating materials (also, see FIG. 14 of Iguchi).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Han (US Pub. No. 2020/0152841) in view of Lowes (US Pub. No. 2012/0049214) and Iguchi (US Pub. No. 2019/0267357) as applied to claim 1, and further in view of Kim (US Pub. No. 2023/0170448).
Regarding claim 9, the combination of Han, Lowes, and Iguchi appears not to explicitly discloses that each of the first light-emitting device, the second light-emitting device, and the third light-emitting device is a micro light-emitting device.
The art however well recognized micro light-emitting devices to be suitable for use as LEDs in a high-resolution display. See, for example, Kim, paragraph [0003].
According to well-established patent law precedents (see, for example, M.P.E.P. § 2144.07), therefore, it 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 to have formed the Han disclosed light-emitting devices as micro light-emitting devices for their recognized suitability as LEDs in a high-resolution display.
Response to Arguments
Applicant's arguments filed 5/18/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant contends that “[t]he mere mention of color tinting does not teach or suggest the color filter.”
This argument is not persuasive. Color tinting is synonymous with color filtering. If light is not being filtered how can color tinting be accomplished?
Further, Applicant contends that “as acknowledged in the Office action, ‘the combination of Han and Lowes appears not to explicitly disclose a color filter on the first nanoporous structure and the second nanoporous structure and a plurality of micro-lenses fabricated on the color filter.’”
This argument is not persuasive. The Office action was attempting to show that the combination of Han and Lowes appears not to explicitly disclose the combination of a color filter on the first nanoporous structure and the second nanoporous structure and a plurality of micro-lenses fabricated on the color filter, and not that Han does not disclose a color filter on the first nanoporous structure and the second nanoporous structure.
Applicant contends that “Iguchi does not disclose a plurality of micro-lenses fabricated on a color filter. Rather, the color filter functionality is embedded directly within a specific portion of the microlens structure itself. Furthermore, Iguchi's blue light absorbing filter 28 forms a component of the red and green sub-pixels (7, 8) and is not fabricated on a first nanoporous structure and a second nanoporous structure as explicitly recited in amended claim 1.”
This argument is not persuasive. The micro-lenses are formed above the filter portion 28 and as such the structure is commensurate with the scope of the claim. Nevertheless, Iguchi also discloses filter elements 22 and 23 wherein the micro-lenses are fabricated on the color filter elements.
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 TUCKER J WRIGHT whose telephone number is (571)270-3234. The examiner can normally be reached 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUCKER J WRIGHT/Primary Examiner, Art Unit 2891
Prosecution Insights