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 Invention I, Species 2, encompassed by claims 1-18 in the reply filed on 11/12/2025 is acknowledged.
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.
Claims 1-7, 9-14 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sung et al. 20160197235.
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Regarding claim 1, figs. 1 and 16D of Sung discloses a light-emitting device comprising:
a nitride semiconductor structure including a first semiconductor layer 74, an active layer 76 on the first semiconductor layer, and a second semiconductor layer 210 on the active layer; and
a passivation pattern 80 at least partially surrounding an outer side surface of the nitride semiconductor structure,
wherein the nitride semiconductor structure comprises a convex hemispherical shape (fig. 16D and par [0087]).
Regarding claim 12, figs. 1 and 16D of Sung discloses a display device comprising:
a package substrate 10;
a first electrode (combination of 40 and 72 – par [0061-0062]) on the package substrate;
a light-emitting element on the first electrode, the light-emitting element including:
a nitride semiconductor structure (210 and 70) having a convex hemispherical shape (fig. 16D and par [0087]), the nitride semiconductor structure including a first semiconductor layer 74, an active layer 74 on the first semiconductor layer, and a second semiconductor layer 210 on the active layer; and
a passivation pattern 80 at least partially surrounding an outer side surface of the nitride semiconductor structure, and
a second electrode 90 on the first semiconductor layer of the light-emitting element.
Regarding claim 2, fig. 1 of Sung discloses wherein the light-emitting device further comprises: a conductive layer 72 in contact with the second semiconductor layer.
Regarding claim 13, fig. 1 of Sung discloses wherein the light-emitting element further comprises: a conductive layer 72 having a first surface and a second surface that is opposite the first surface, the first surface in contact with the second semiconductor layer, and the second surface in contact with the first electrode.
Regarding claim 3, fig. 1 of Sung discloses wherein a lower surface of the conductive layer 72 is coplanar with a lower surface of the passivation pattern 80.
Regarding claim 4, fig. 1 of Sung discloses wherein the passivation pattern covers an outer side surface of the active layer and an outer side surface of the second semiconductor layer, and covers a portion of a convex outer surface of the first semiconductor layer without covering a remaining portion of the convex outer surface of the first semiconductor layer.
Regarding claim 5, fig. 1 of Sung discloses wherein the passivation pattern comprises a ring shape covering the portion of the convex outer surface of the first semiconductor layer except for the remaining portion of the convex outer surface in a plan view of the light-emitting device (this is necessary the case as 80 does not cover the middle region and therefore in a plan view).
Regarding claims 7 and 14. The light-emitting device of claim 1, wherein the nitride semiconductor structure further comprises: a conductive layer 76 in contact with the second semiconductor layer, wherein the nitride semiconductor structure has a semi-cylindrical shape (shape of 76) having a length in a first direction X and a height in a second direction Z.
Regarding claims 9 and 16, fig. 1 of Sung discloses wherein the nitride semiconductor structure comprises a stack structure in which the first semiconductor layer, the active layer, and the second semiconductor layer are sequentially stacked along the second direction of the semi-cylindrical shape.
Regarding claims 10 and 17, wherein the nitride semiconductor structure further comprises: a conductive layer 76 in contact with the second semiconductor layer, wherein the nitride semiconductor structure has a semi-cylindrical shape (shape of 76) having a length in a first direction Z and a height in a second direction Y (note height is can be measured in any direction as these are relative),
wherein the nitride semiconductor structure has a structure in which the first semiconductor layer, the active layer, and the second semiconductor layer are sequentially arranged along the first direction of the semi-cylindrical shape.
Regarding claim 11, fig. 1 of Sung discloses wherein the passivation pattern covers a convex side surface of the semi-cylindrical shape without covering a flat outer surface of the semi-cylindrical shape that is opposite to the convex side surface of the semi-cylindrical shape (see fig. 1 showing 80 does not cover middle region).
Regarding claim 18, fig. 1 of Sung discloses wherein the passivation pattern covers an outer side surface of the active layer and an outer side surface of the second semiconductor layer, and covers a portion of a convex outer surface of the first semiconductor layer without covering a remaining portion of the convex outer surface of the first semiconductor layer shape (see fig. 1 showing 80 does not cover middle region).
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 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sung.
Regarding claims 8 and 15, Sung does not discloses wherein a ratio of the height and the length of the semi-cylindrical shape is in a range of 1:1 to 1:10.
However, although Sung is silent about the claimed range, it should be noted that a range of the ratio of the height and the length of the semi-cylindrical shape does exist in Sung reference.
Therefore, the prior art of Sung provides foundation for experimental optimization and suggests a progress of changes in size/proportion in order to optimize light extraction
Therefore, while the structure of Fan and Sung do not quantitatively state a ratio, the courts have held that when the only difference between the claimed invention and the prior art is a size/proportion, then a prima facie case of obviousness exists [See MPEP 2144.04(IV)(A)].
Therefore, it would have been obvious to form a device of Sung wherein a ratio of the height and the length of the semi-cylindrical shape is in a range of 1:1 to 1:10 in order to optimize light extraction.
Conclusion
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/VONGSAVANH SENGDARA/Primary Examiner, Art Unit 2893