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 .
Status of Claims
Claims 1-8 are pending in this application.
Information Disclosure Statement
An information disclosure statement has not been received. If the applicant is aware of any prior art or any other co-pending applications not already of record, he/she is reminded of his/her duty under 37 CFR 1.56 to disclose the same.
Foreign Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawings
There are no objections or rejections to the drawings.
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.
Claims 2-3 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 pre-AIA the applicant regards as the invention.
Claim 2 recites the limitation “wherein an absorption rate of the first light emitting element for a laser is lower than an absorption rate of the second light emitting element for the laser, and the area of the first contact is larger than the area of the second contact”. It is unclear what is meant by for a laser. One reasonable interpretation is that the laser is a part of the claimed invention. Another reasonable interpretation is that the claim language describes the function of the claimed invention and other devices that the claimed invention is compatible with. Adding to the confusion is the fact that the claim describes the function of the device, which is permitted, but adds to the muddle as to whether the laser is part of the device, or if the functional claims are describing how to use the device with a laser. The limitation does not have well defined boundaries. One of ordinary skill in the relevant art would not know what structures/steps are covered by the limitation. For these reasons, the claim is indefinite.
Claim 3 depends from rejected claim 2, include all limitations of claim 2 and therefore are rejected for the same reason.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of pre-AIA 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 4 are rejected under pre-AIA 35 U.S.C. 102(a)(1) as being anticipated by Hsieh et al. (US Patent Application Publication No 2022/0392876) hereinafter referred to as Hsieh.
Per Claim 1 Hsieh discloses a pixel structure device, comprising (see fires 2A-7B)
a plurality of conductive patterns (33c1, 33c1’);
a first insulating layer (31), disposed on the plurality of conductive patterns and having a plurality of contacts (33a/33b) overlapping with the plurality of conductive patterns respectively; The examiner notes that the term "on" includes "directly on" (no intermediate materials, elements or space disposed therebetween) and "indirectly on" (intermediate materials, elements or space disposed therebetween).
a plurality of bonding pads (33a1, 33a2), disposed on the first insulating layer and electrically connected to the plurality of conductive patterns through the plurality of contacts of the first insulating layer respectively (as shown in figure 2B); The examiner notes that the term "connected" includes "directly connected" (no intermediate materials, elements or space disposed therebetween) and "indirectly connected " (intermediate materials, elements or space disposed therebetween). The examiner notes that the term "electrically connected" includes both ohmic (metallic) connection as well as capacitive (insulating) connection
a plurality of light emitting elements (21), electrically connected to the plurality of bonding pads respectively;
wherein the plurality of light emitting elements comprise a first light emitting element (left side) and a second light emitting element (right side), the first light emitting element and the second light emitting element are respectively configured to emit a first color light and a second color light, the first color light and the second color light are different from each other (as described in [0029]),
the plurality of bonding pads (33a1, 33a2) comprise a first bonding pad (left 33a1) and a second bonding pad (right 33a2)), the first bonding pad and the second bonding pad are respectively electrically connected to the first light emitting element and the second light emitting element (as shown in figure 7A), the plurality of contacts (33a/33b) comprise a first contact (33a) and a second contact (33b), the first contact and the second contact respectively overlap with the first bonding pad and the second bonding pad (see figure 5), and an area of the first contact is different from an area of the second contact (as shown in figure 5)
Additionally, claim 1 recites the performance properties of the device (i.e. the first light emitting element and the second light emitting element are respectively configured to emit a first color light and a second color light, the first color light and the second color light are different from each other). This functional limitation does not distinguish the claimed device over the prior art, since it appears that this limitation can be performed by the prior art structure of Name. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429,1431-32 (Fed. Cir. 1997) See MPEP 2114.
Insofar as definite, per Claim 2 Hsieh discloses the device of claim 1, including where (see figures 2A-7B) the first light emitting element, the second light emitting element, the first contact and the second contact and where the area of the first contact (33a) is larger than the area of the second contact (33b).
Additionally, claim 1 recites the performance properties of the device (i.e. wherein an absorption rate of the first light emitting element for a laser is lower than an absorption rate of the second light emitting element for the laser). This functional limitation does not distinguish the claimed device over the prior art, since it appears that this limitation can be performed by the prior art structure of Name. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429,1431-32 (Fed. Cir. 1997) See MPEP 2114.
MPEP 2111.04 states that claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. It appears that the claim language “for a laser” does not limit a claim to a particular structure. It is not clear if the laser is a part of the device or not.
Insofar as definite, per Claim 4 Hsieh discloses the device of claim 1, including where the first color light and the second color light are red light and blue light respectively, (see [0004] which teaches that the LEDs can produce red, blue or green light) and area of the first contact (33a) is larger than the area of the second contact (33b).
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claim 5-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicants are directed to consider additional pertinent prior art included on the Notice of References Cited (PTOL 892) attached herewith.
The Examiner has pointed out particular references contained in the prior art of record within the body of this action for the convenience of the Applicant.
Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMI VALENTINE MILLER whose telephone number is (571)272-9786. The examiner can normally be reached on Monday-Thursday 7am-5pm.
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, Eva Montalvo can be reached on (571) 270-3829. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jami Valentine Miller/Primary Examiner, Art Unit 2818