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 filed on 04/27/2026 have been fully considered but they are not persuasive. Sung discloses a nitride semiconductor structure (as labeled by examiner above) including a first semiconductor layer 115, an active layer 120 (it is active in participation of light extraction) and a second semiconductor layer 130, the active layer on the second semiconductor layer 130, and the first semiconductor layer 115 on the active layer; and wherein the nitride semiconductor structure as whole comprises a single convex hemispherical shape (fig. 16D and par [0087]).
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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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-11, 14-17 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 7 and 14 recite “wherein the nitride semiconductor structure has a semi-cylindrical shape having a length in a first direction and a height in a second direction” which depends on claim 1 which recites “wherein the nitride semiconductor structure as a whole comprises a single convex hemispherical shape” is unclear and indefinite as to how a single convex hemispherical can be a semi-cylindrical shape having a length in a first direction and a height in a second direction. As such the claims is unclear and indefinite.
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 1-5, 12-13 and 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 (as labeled by examiner above) including a first semiconductor layer 115, an active layer 120 (it is active in participation of light extraction) and a second semiconductor layer 130, the active layer on the second semiconductor layer 130, and the first semiconductor layer 115 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 as whole comprises a single 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:
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a nitride semiconductor structure (as labeled by examiner above) as a whole having a single convex hemispherical shape (fig. 16D), the nitride semiconductor structure including a first semiconductor layer 115, an active layer 120 (it is active in participation of light extraction) and a second semiconductor layer 130, the active layer on the second semiconductor layer, and the first semiconductor layer 115 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 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 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 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).
Allowable Subject Matter
Claim 6 is 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.
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 VONGSAVANH SENGDARA whose telephone number is (571)270-5770. The examiner can normally be reached 9AM-6PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PURVIS A. Sue can be reached on (571)272-1236. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VONGSAVANH SENGDARA/Primary Examiner, Art Unit 2893
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