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
Applicant’s election without traverse of Group I, Species 1, Embodiment I, Sub-species A, Figs. 1, 2, claims 1-10, in the reply filed on April 6, 2026 is acknowledged. Claims 11-20 have been withdrawn. Action on the merits is as follows:
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 (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 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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sim et al. (Sim) (US 2023/0066350 A1).
In regards to claim 1, Sim (Figs. 1, 2 and associated text) discloses a light emitting element (item ED, Figs. 1, 2) comprising: a light emitting element core (items 31 plus 32 plus 33 plus 37) including: a first semiconductor layer (items 31 or 32); a second semiconductor layer (items 31 or 32) spaced apart from the first semiconductor layer (items 31 or 32); and a light emitting layer (item 33) disposed between the first semiconductor layer (items 31 or 32) and the second semiconductor layer (items 31 or 32); and a first element insulating layer (item 39) surrounding a side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37), wherein the first element insulating layer (item 39) is an oxide insulating layer having a single crystalline structure (paragraph 93).
In regards to claim 2, Sim (Figs. 1, 2 and associated text) discloses wherein a thickness of the first element insulating layer (item 39) in a direction perpendicular to the side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37) is greater than about 0 nm and is about 10 nm or less (paragraphs 97, 108).
In regards to claim 3, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) includes a metal oxide including two or more metal elements (paragraph 93, 97).
In regards to claim 4, Sim (Figs. 1, 2 and associated text) discloses wherein the two or more metal elements are at least one selected from the group consisting of Ta, Hf, Zr, La, Si, Ti, and Al (paragraph 93, 97).
In regards to claim 5, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) includes a first metal element (Al), at least a portion of the light emitting element core (items 31 plus 32 plus 33 plus 37) includes a base element (GaN), and a bond-dissociation energy of an oxide with respect to the first metal element (Al) is greater than a bond-dissociation energy of an oxide with respect to the base element (GaN).
In regards to claim 6, Sim (Figs. 1, 2 and associated text) discloses wherein an ionic radius of the first metal element (Al) in the oxide is greater than an ionic radius of the base element (GaN) in the oxide.
In regards to claim 7, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) is directly disposed on the side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37).
In regards to claim 8, Sim (Figs. 1, 2 and associated text) discloses further comprising: a second element insulating layer (item 38) surrounding an outer side surface of the first element insulating layer (item 39).
In regards to claim 9, Sim (Figs. 1, 2 and associated text) discloses wherein the second element insulating layer (item 38) is an oxide insulating layer having an amorphous structure or a polycrystalline structure (paragraph 101).
In regards to claim 10, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) and the second element insulating layer (item 38) include a same material (paragraphs 93, 97, 101).
Claim Rejections - 35 U.S.C. 102 or 103(a)
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 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.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over CHO et al. (CHO) (US 2019/0305035 A1 now US 10,856,672 B2).
In regards to claim 1, CHO (Fig. 6 and associated text) discloses a light emitting element (item LED, Fig. 6) comprising: a light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206) including: a first semiconductor layer (items 201 or 203); a second semiconductor layer (items 201 or 203) spaced apart from the first semiconductor layer (items 201 or 203); and a light emitting layer (item 202) disposed between the first semiconductor layer (items 201 or 203) and the second semiconductor layer (items 201 or 203); and a first element insulating layer (item 230) surrounding a side surface of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206), wherein the first element insulating layer (item 230) is an oxide insulating layer (paragraph 105) having a single crystalline structure.
Cho does not specifically disclose first element insulating layer (item 230) is an oxide insulating layer (paragraph 105) having a single crystalline structure. However it is well known that some of insulating oxides mentioned in paragraph 110 [(silicon oxide (SiO.sub.x), silicon oxynitride (SiO.sub.xN.sub.y), aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), yttrium oxide (Y.sub.2O.sub.3), titanium dioxide (TiO.sub.2)], can have a single crystalline or polycrystalline structure.
It would have been obvious to modify the invention to include a first element insulating layer being an oxide insulating layer having a single crystalline structure, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416).
In regards to claim 2, CHO (Fig. 6 and associated text) does not specifically disclose wherein a thickness of the first element insulating layer (item 230) in a direction perpendicular to the side surface of the light emitting element core is greater than about 0 nm and is about 10 nm or less.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the invention to include a thickness of the first element insulating layer in a direction perpendicular to the side surface of the light emitting element core being greater than about 0 nm and about 10 nm or less, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). Examiner notes the Applicant has given criticality to where any of the values within the claimed range yields an unexpected result and/or advantage.
In regards to claim 3, CHO (Fig. 6 and associated text) discloses wherein the first element insulating layer (item 230) includes a metal oxide including two or more metal elements (paragraph 105, aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), yttrium oxide (Y.sub.2O.sub.3), titanium dioxide (TiO.sub.2),).
In regards to claim 4, CHO (Fig. 6 and associated text) discloses wherein the two or more metal elements are at least one selected from the group consisting of Ta, Hf, Zr, La, Si, Ti, and Al (paragraph 105, aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), yttrium oxide (Y.sub.2O.sub.3), titanium dioxide (TiO.sub.2),).
In regards to claim 5, CHO (Fig. 6 and associated text) discloses wherein the first element insulating layer (item 230) includes a first metal element (Al, Hf, Y or Ti), at least a portion of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206) includes a base element (GaN), and a bond-dissociation energy of an oxide with respect to the first metal element (Al, Hf, Y or Ti) is greater than a bond-dissociation energy of an oxide with respect to the base element (GaN).
In regards to claim 6, CHO (Fig. 6 and associated text) discloses wherein an ionic radius of the first metal element (Al, Hf, Y or Ti) in the oxide is greater than an ionic radius of the base element (GaN) in the oxide.
In regards to claim 7, CHO (Fig. 6 and associated text) discloses wherein the first element insulating layer (item 230) is directly disposed on the side surface of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206).
In regards to claim 8, CHO (Fig. 6 and associated text) discloses further comprising: a second element insulating layer (item 231) surrounding an outer side surface of the first element insulating layer (item 230).
In regards to claim 9, CHO (Fig. 6 and associated text) does not specifically disclose wherein the second element insulating layer (item 231) is an oxide insulating layer having an amorphous structure or a polycrystalline structure.
It would have been obvious to modify the invention to include a second element insulating layer being an oxide insulating layer having an amorphous structure or a polycrystalline structure, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416).
In regards to claim 10, CHO (Fig. 6 and associated text) does not specifically disclose wherein the first element insulating layer (item 230) and the second element insulating layer (item 231) include a same material.
It would have been obvious to modify the invention to include a first element insulating layer and a second element insulating layer including a same material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use (In re Leshin, 125 USPQ 416).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All references listed in 892 could be used as primary reference. Examiner notes that some references published in 2023 could possibly be excluded if the Applicant perfects foreign priority.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELLY D GREEN whose telephone number is (571)270-3204. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TELLY D. GREEN
Examiner
Art Unit 2898
/TELLY D GREEN/Primary Examiner, Art Unit 2898 May 13, 2026
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