Prosecution Insights
Last updated: October 04, 2026
Application No. 18/409,112

COLOR-TUNABLE LED ELEMENTS AND DISPLAY SYSTEMS AND METHODS THEREOF

Final Rejection §103
Filed
Jan 10, 2024
Priority
Jan 11, 2023 — provisional 63/438,435
Examiner
DINKE, BITEW A
Art Unit
2812
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Innovation Semiconductor
OA Round
2 (Final)
73%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
572 granted / 785 resolved
+4.9% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
56 currently pending
Career history
816
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
65.8%
+25.8% vs TC avg
§102
8.1%
-31.9% vs TC avg
§112
11.8%
-28.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 785 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1, 12, and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant’s arguments, see Remarks, page 1, lines 9-13, filed on 07/27/2026, with respect to Double Patenting Rejection (copending Application No. 17/691,934) have been fully considered and are persuasive. Therefore, the rejection of Double Patenting will be held in abeyance until the final content of an allowable set of claims has been determined. Claim Objections Claim 1 is objected to because of the following informalities: Claim 1 recites a limitation of “An LED system” in line 1. The article “An” is incorrect. For purpose of compact prosecution, “An LED system” will be treated as if it were “A LED system.” Appropriate correction is required. Claim 1 is objected to because of the following informalities: Claim 1 recites a limitation of “LED system” in line 1. The limitation of “LED system” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “LED system” will be treated as if it were “light-emitting diode (LED) system.” Appropriate correction is required. Claim 12 is objected to because of the following informalities: Claim 12 recites a limitation of “LED system” in line 1. The limitation of “LED system” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “LED system” will be treated as if it were “light-emitting diode (LED) system.” Appropriate correction is required. Claim 23 is objected to because of the following informalities: Claim 23 recites a limitation of “LED system” in line 3. The limitation of “LED system” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “LED system” will be treated as if it were “light-emitting diode (LED) system.” Appropriate correction is required. Claim 1 is objected to because of the following informalities: Claim 1 recites a limitation of “MQW” in line 7. The limitation of “MQW” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “MQW” will be treated as if it were “multiple quantum well (MQW) .” Appropriate correction is required. Claim 12 is objected to because of the following informalities: Claim 12 recites a limitation of “MQW” in line 9. The limitation of “MQW” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “MQW” will be treated as if it were “multiple quantum well (MQW) .” Appropriate correction is required. Claim 23 is objected to because of the following informalities: Claim 23 recites a limitation of “MQW” in line 3. The limitation of “MQW” is indefinite because each abbreviation should be defined the first time it appears in the claim to prevent ambiguity during examination. For purpose of compact prosecution, “MQW” will be treated as if it were “multiple quantum well (MQW) .” Appropriate correction is required. Claim Rejections - 35 USC § 103 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, 3-12, and 14-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (U.S. 2025/0157388 A1, hereinafter refer to Zhu) in view of Liu et al. (U.S. 2023/0066105 A1, hereinafter refer to Liu). Regarding Claim 1: Zhu discloses a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density (see Zhu, Figs.27A-27B, 30, and 34-35 as shown below and ¶ [0001]), the system comprising: PNG media_image1.png 381 552 media_image1.png Greyscale PNG media_image2.png 382 491 media_image2.png Greyscale PNG media_image3.png 370 453 media_image3.png Greyscale PNG media_image4.png 402 553 media_image4.png Greyscale one or more pixel elements that each comprise one or more LEDs (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0030]) each comprising: a first active doped layer (2) on a substrate (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above); the MQW region (4) formed over the one surface of the first active doped layer (2), wherein each of the MQW layers is alloyed with a percentage of Indium to promote the controlled color emissions (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0177]- ¶ [0183]); and a second active doped layer (5) formed on the MQW region (4) that is of opposite in charge to the first active doped layer (2) (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above), wherein each of the one or more LEDs is configured to emit light having a peak wavelength that shifts toward a shorter wavelength as the driving current density applied to the LED increases (see Zhu, Figs.27A-27B as shown above). Zhu is silent upon explicitly disclosing wherein selectively patterned along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers of an MQW region; wherein portions of the MQW layers that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers. For support see Liu, which teaches wherein a first active doped layer (3) on a substrate and selectively patterned along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers (4) of an MQW region (see Liu, Figs.2 and 4 as shown below, ¶ [0031], and ¶ [0050]); wherein portions of the MQW layers (4) that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers (note: layer 402 include InGaN, and layer 401 can include GaN or AlGaN, which results lower concentration of the alloyed percentage of Indium at depressions) (see Liu, Figs.2 and 4 as shown below, ¶ [0031], and ¶ [0054]- ¶ [0057]). PNG media_image5.png 435 535 media_image5.png Greyscale PNG media_image6.png 364 504 media_image6.png Greyscale Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu and Liu to enable selectively patterning the first active doped layer along one surface opposite from the substrate with depressions in one or more shapes, wherein portions of the MQW layers conforms to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers.as taught by Liu in order to obtain a multi-wavelength LED structure. Regarding Claim 3: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein an electron blocking layer included in the second active doped layer (5) (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0158]). Regarding Claim 4: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein the depressions have an inner surface which is at angle with reference to the substrate between 0 and 90 degrees (see Liu, Figs.2 and 4 as shown above). Regarding Claim 5: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein the depressions have an inner surface which is at angle with reference to the substrate between 90 and 180 degrees (see Liu, Figs.2 and 4 as shown above). In addition, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the angle of depressions inner surface through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the angle of depressions inner surface is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 6: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein the depressions are spaced from each other at a distance between 150nm and 10µm. However, the combination of Zhu and Liu teaches wherein the depressions are spaced from each other at a distance (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the spacing distance between depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the spacing distance between depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 7: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein the depressions each have a top surface diameter from about 150 nm to about 10 µm. However, the combination of Zhu and Liu teaches wherein the depressions each have a top surface diameter (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the top surface diameter of depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the top surface diameter of depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 8: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein a depth difference between each of the depressions is a less than about 5 µm. However, the combination of Zhu and Liu teaches wherein a depth difference between each of the depressions (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the depth difference between each of the depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the depth difference between each of the depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 9: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein the one or more shapes of the outer periphery of the depressions comprise one or more circles, triangles, squares, pentagons, or hexagons (see Liu, Figs.2 and 4 as shown above). Note: the configuration of the claimed depressions was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed depressions was significant. Regarding Claim 10: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein the LED system is entirely formed in a common single material system (III-V group semiconductor material) (see Liu, Figs.2 and 4 as shown above and abstract). Regarding Claim 11: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as set forth in claim 1 as above. The combination of Zhu and Liu further teaches wherein one or more driving circuitry elements coupled to the each of the one or more pixel elements (see Zhu, ¶ [0110]- ¶ [0111]). Regarding Claim 12: Zhu discloses a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0001]), the method comprising: forming one or more pixel elements each comprising one or more LEDs (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0030]), wherein the forming further comprises: providing a first active doped layer (2) on a substrate (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above); forming the MQW region (4) over the one surface of the first active doped layer (2), wherein each of the MQW layers (4) is alloyed with a percentage of Indium to promote the controlled color emissions (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0177]- ¶ [0183]), forming a second active doped layer (5) on the MQW region (4) that is of opposite in charge to the first active doped layer (2) (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above), wherein each of the one or more LEDs is formed such that it is configured to emit light having a peak wavelength that shifts toward a shorter wavelength as the driving current density applied to the LED increases (see Zhu, Figs.27A-27B as shown above). Zhu is silent upon explicitly disclosing wherein selectively patterning the first active doped layer along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers of an MQW region; wherein portions of the MQW layers that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers. For support see Liu, which teaches wherein providing a first active doped layer (3) on a substrate and selectively patterning the first active doped layer (3) along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers (4) of an MQW region (see Liu, Figs.2 and 4 as shown above, ¶ [0031], and ¶ [0050]); wherein portions of the MQW layers (4) that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers (note: layer 402 include InGaN, and layer 401 can include GaN or AlGaN, which results lower concentration of the alloyed percentage of Indium at depressions) (see Liu, Figs.2 and 4 as shown above, ¶ [0031], and ¶ [0054]- ¶ [0057]). Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu and Liu to enable selectively patterning the first active doped layer along one surface opposite from the substrate with depressions in one or more shapes, wherein portions of the MQW layers conforms to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers.as taught by Liu in order to obtain a multi-wavelength LED structure. Regarding Claim 14: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein forming an electron blocking layer included in the second active doped layer (5) (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0158]). Regarding Claim 15: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein the depressions have an inner surface which is at angle with reference to the substrate between 0 and 90 degrees (see Liu, Figs.2 and 4 as shown above). Regarding Claim 16: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein the depressions have an inner surface which is at angle with reference to the substrate between 90 and 180 degrees (see Liu, Figs.2 and 4 as shown above). In addition, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the angle of depressions inner surface through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the angle of depressions inner surface is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 17: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein the depressions are spaced from each other at a distance between 150nm and 10µm. However, the combination of Zhu and Liu teaches wherein the depressions are spaced from each other at a distance (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the spacing distance between depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the spacing distance between depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 18: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein the depressions each have a top surface diameter from about 150 nm to about 10 µm. However, the combination of Zhu and Liu teaches wherein the depressions each have a top surface diameter (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the top surface diameter of depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the top surface diameter of depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 19: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein a depth difference between each of the depressions is a less than about 5 µm. However, the combination of Zhu and Liu teaches wherein a depth difference between each of the depressions (see Liu, Figs.2 and 4 as shown above). Hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the depth difference between each of the depressions through routine experimentation and optimization to obtain optimal or desired multi-wavelength LED structures because the depth difference between each of the depressions is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable dimensions of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05 Regarding Claim 20: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein the one or more shapes of the outer periphery of the depressions comprise one or more circles, triangles, squares, pentagons, or hexagons (see Liu, Figs.2 and 4 as shown above). Note: the configuration of the claimed depressions was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed depressions was significant. Regarding Claim 21: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein the LED system is entirely formed in a common single material system (III-V group semiconductor material) (see Liu, Figs.2 and 4 as shown above and abstract). Regarding Claim 22: Zhu as modified teaches a method for making an LED system able to emit a variety of peak wavelengths of light in response to variations driving current density as set forth in claim 12 as above. The combination of Zhu and Liu further teaches wherein forming one or more driving circuitry elements which are coupled to the each of the one or more pixel elements (see Zhu, ¶ [0110]- ¶ [0111]). Regarding Claim 23: Zhu discloses a method for controlling one or more colored emissions (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0001]), the method comprising: providing an LED system comprising a first active doped layer (2), an MQW region (4), and a second active dope layer (5) (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above); wherein the MQW region (4) is formed over the one surface of the first active doped layer (2), wherein each of the MQW layers (4) is alloyed with a percentage of Indium to promote the controlled color emissions (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above and ¶ [0177]- ¶ [0183]), wherein the second active doped layer (5) is formed on the MQW region (4) that is of opposite in charge to the first active doped layer (2); and varying an application of current over time to the LED system to alter the one or more color emissions (see Zhu, Figs.27A-27B, 30, and 34-35 as shown above), wherein varying the application of current over time varies a driving current density applied to the LED system such that a peak wavelength of the one or more color emissions shifts toward a shorter wavelength as the driving current density increases (see Zhu, Figs.27A-27B as shown above). Zhu is silent upon explicitly disclosing wherein the first active doped layer is selectively patterned along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers of an MQW region; wherein portions of the MQW layers that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers. For support see Liu, which teaches wherein the first active doped layer (3) is selectively patterned along one surface opposite from the substrate with depressions in one or more shapes and with one or more spacing configurations to promote controlled color emissions in MQW layers (4) of an MQW region (see Liu, Figs.2 and 4 as shown above, ¶ [0031], and ¶ [0050]); wherein portions of the MQW layers (4) that conform to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers (note: layer 402 include InGaN, and layer 401 can include GaN or AlGaN, which results lower concentration of the alloyed percentage of Indium at depressions) (see Liu, Figs.2 and 4 as shown above, ¶ [0031], and ¶ [0054]- ¶ [0057]). Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu and Liu to enable selectively patterning the first active doped layer along one surface opposite from the substrate with depressions in one or more shapes, wherein portions of the MQW layers conforms to the depressions have a lower concentration of the alloyed percentage of Indium than other portions of the MQW layers.as taught by Liu in order to obtain a multi-wavelength LED structure. Regarding Claim 24: Zhu as modified teaches a method for controlling one or more colored emissions as set forth in claim 23 as above. The combination of Zhu and Liu further teaches wherein the varying the application of current over time further comprises: varying a duty-cycle and current level each wavelength of emission (see Zhu, Figs.27A-27B as shown above). Claim(s) 2 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (U.S. 2025/0157388 A1, hereinafter refer to Zhu) and Liu et al. (U.S. 2023/0066105 A1, hereinafter refer to Liu) as applied to claim 1 and 12 above, and further in view of Baek et al. (U.S. 2022/0285579 A1, hereinafter refer to Baek). Regarding Claim 2: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as applied to claim 1 above. The combination of Zhu and Liu further teaches wherein a transition region between each of the portions of the MQW layers (4) conforming to the depressions and each of the other portions of the MQW layers (4) (see Liu, Figs.2 and 4 as shown above); however, the combination of Zhu and Liu is silent upon explicitly disclosing wherein transition region has a higher concentration of the alloyed percentage of Indium than the other portions of the MQW layers and where the alloyed percentage of Indium decreases with distance from the portions of the MQW layers that conform to the depressions. For support see Baek, which teaches a method of adjusting the indium content/composition and thickness of MQW layers, which results to obtain a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layers (see Baek, Fig.5, Fig.2A, ¶ [0071], and ¶ [0089]). Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu, Liu, and Baek to adjust the indium content/composition and thickness of MQW layers as taught by Baek in order to obtain a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layer and to obtain light emitting diode emitting light having multi-bands at a single chip level . Hence, practicing the combination of Zhu, Liu, and Baek to adjust the indium content/composition and thickness of MQW layers, that results a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layers according to the teachings of Baek as above and to enable the MQW layers to have different thickness at a transition region, at the depressions, and each of the other portions of the MQW layers as taught by Liu, Figs.2 and 4 as shown above, necessarily results the claimed limitation of “transition region has a higher concentration of the alloyed percentage of Indium than the other portions of the MQW layers and where the alloyed percentage of Indium decreases with distance from the portions of the MQW layers that conform to the depressions” as now specified in claim 2. Regarding Claim 13: Zhu as modified teaches a LED system able to emit a variety of peak wavelengths of light in response to variations in driving current density as applied to claim 12 above. The combination of Zhu and Liu is further teaches wherein providing a transition region between each of the portions of the MQW layers (4) conforming to the depressions and each of the other portions of the MQW layers (4) (see Liu, Figs.2 and 4 as shown above); however, the combination of Zhu and Liu is silent upon explicitly disclosing wherein transition region has a higher concentration of the alloyed percentage of Indium than the other portions of the MQW layers and where the alloyed percentage of Indium decreases with distance from the portions of the MQW layers that conform to the depressions. For support see Baek, which teaches a method of adjusting the indium content/composition and thickness of MQW layers, which results to obtain a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layers (see Baek, Fig.5, Fig.2A, ¶ [0071], and ¶ [0089]). Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu, Liu, and Baek to adjust the indium content/composition and thickness of MQW layers as taught by Baek in order to obtain a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layer and to obtain light emitting diode emitting light having multi-bands at a single chip level. Hence, practicing the combination of Zhu, Liu, and Baek to adjust the indium content/composition and thickness of MQW layers, that results a lower indium content/composition at a lower thickness of MQW layers and a higher indium content/composition at a higher thickness of MQW layers according to the teachings of Baek as above and to enable the MQW layers to have different thickness at a transition region, at the depressions, and each of the other portions of the MQW layers as taught by Liu, Figs.2 and 4 as shown above, necessarily results the claimed limitation of “transition region has a higher concentration of the alloyed percentage of Indium than the other portions of the MQW layers and where the alloyed percentage of Indium decreases with distance from the portions of the MQW layers that conform to the depressions” as now specified in claim 13. Claim(s) 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (U.S. 2025/0157388 A1, hereinafter refer to Zhu) and Liu et al. (U.S. 2023/0066105 A1, hereinafter refer to Liu) as applied to claim 23 above, and further in view of as applied to claim 23 above, and further in view of Dierolf et al. (U.S. 2021/0091268 A1, hereinafter refer to Dierolf). Regarding Claims 25, and 26: Liu as modified teaches a method for controlling one or more colored emissions as applied to claim 23 above. The combination of Zhu and Liu is silent upon explicitly disclosing wherein the varying the application of current over time has a frequency is greater than 60 Hz (as claimed in claim 25); wherein the varying the application of current over time further comprises: mixing of two or more wavelengths each with a unique current level and duty-cycle in a single period (as claimed in claim 26). For support see Dierolf, which teaches wherein the varying the application of current over time has a frequency is greater than 60 Hz (see Dierolf, Figs.2 and 3 as shown below and ¶ [0002]) (as claimed in claim 25); wherein the varying the application of current over time further comprises: mixing of two or more wavelengths each with a unique current level and duty-cycle in a single period (see Dierolf, Figs.2 and 3 as shown below and ¶ [0002]) (as claimed in claim 26). PNG media_image7.png 495 833 media_image7.png Greyscale PNG media_image8.png 370 830 media_image8.png Greyscale Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Zhu, Liu, and Dierolf to operate the combination of Zhu’s and Liu’s light emitting diode (LED) as taught by Dierolf in order to obtain a color tunable light emission diode in which the color tone of the emission color changes by controlling the injection current. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BITEW A DINKE whose telephone number is (571)272-0534. The examiner can normally be reached M-F 7 a.m. - 5 p.m.. 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, Davienne Monbleau can be reached at (571)272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BITEW A DINKE/ Primary Examiner, Art Unit 2812
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Prosecution Timeline

Jan 10, 2024
Application Filed
Mar 25, 2026
Non-Final Rejection mailed — §103
Jul 27, 2026
Response Filed
Aug 05, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
73%
Grant Probability
85%
With Interview (+12.4%)
2y 3m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 785 resolved cases by this examiner. Grant probability derived from career allowance rate.

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