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 Amendment
Applicant’s amendments to claims 3, 10, 17, and 20 correct typographical errors. The objection to claims 3, 10, 17, and 20 is withdrawn.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the Therefore, the shape of the light-emitting element being a hexagonal rod as claimed in claims 2 and 17 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1 – 3, and 16 – 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020171322 A1 hereinafter Min in further view of CN 103187498 A hereinafter Fei.
For claim 1, Min teaches a light-emitting element (Min, fig. 1a numeral LD) comprising: a first semiconductor layer (fig. 1a numeral 11); an active layer on the first semiconductor layer (fig. 1a numeral 12); a second semiconductor layer on the active layer (fig. 1a numeral 13); an electrode layer on the second semiconductor layer (fig. 1a numeral 15), and an insulating film around the outer peripheral surfaces of the fist semiconductor layer, the active layer, the second semiconductor layer, and the electrode layer (fig. 1a numeral 14), wherein: the active layer comprises a cover layer comprising a plurality of quantum dots (Par. [0144] teaches the active layer 12 being a layer comprising a well layer and a barrier layer, and that the active layer includes quantum dot structures), and the first semiconductor layer, the active layer, the second semiconductor layer, and the electrode layer are sequentially stacked in one direction to form a shape of a rod (Par. [0060], “Accordingly, the emission stacking pattern 10 may include a stacked structure in which the first conductive semiconductor layer 11, the active layer 12, the second conductive semiconductor layer 13, and the electrode layer 15 are sequentially stacked.”; fig. 1a shows the layers sequentially stacked to form rod 10). Min is silent regarding the plurality of quantum dots being spaced apart from the first semiconductor layer and the second semiconductor layer.
Fei teaches a light emitting element (Fei, fig. 1 – fig. 3) with a first semiconductor layer (fig. 2 numeral 200), an active layer comprising quantum dots on the first semiconductor layer (fig. 2 numeral 300), and a second semiconductor layer on the active layer (fig. 2 numeral 400). Fei also teaches that the plurality of quantum dots (fig. 3 numeral 320 shows the plurality quantum dots as a part of active layer 330) are spaced apart from the first semiconductor layer and the second semiconductor layer (fig. 2 and fig. 3 shows transition layers 340 and 310 spacing the quantum dots present in active layer 330 away from semiconductor layers 400 and 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the transition layers and spacing of the quantum dots in Fei with the structure of the light-emitting element in Min in order to mitigate the stress and cracking of the quantum dots (Fei, Par. [0045]).
For claim 2, Min and Fei teach all of claim 1. Min also teaches the light-emitting element is formed in a shape of a cylindrical rod or a hexagonal rod (fig. 1a shows the rod 10 as being cylindrical in shape).
For claim 3, Min and Fei teach all of claim 1. Min and Fei are silent regarding the diameter of the rod is in a range of 0.2 µm to 1 µm. However, Min does teach that the diameter of the rod (fig. 1a numeral D) has a range of 0.5 µm to 500 µm and that the size of the rod is not limited and can be changed to meet the requirements of the light-emitting device (Min, Par. [0054], “In one embodiment of the present invention, the diameter D of the light emitting device LD may be about 0.5 μm to 500 μm, and the length L may be about 1 μm to 10 μm. However, the size of the light-emitting element LD is not limited thereto, and the size of the light-emitting element LD may be changed to meet the requirements of a lighting device or a self-luminous display device to which the light-emitting element LD is applied”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention that the diameter of the rod in Min and Fei would include diameters in the range of 0.2 µm to 1 µm, as Min teaches a range containing a substantial portion of the claimed ranged and teaches that the diameter of the device is not limited and can be me modified as needed to meet the requirements of the device (Min, Par. [0054]). Further, Min also teaches that the light-emitting element may also be further reduced in size to include micro-scale devices (Par. [0053], “…the light-emitting device LD may include a light-emitting diode manufactured in a micro-miniature so as to have a diameter (D) and/or a length (L) of the order of micro-scale or nano-scale.”) and would include diameter sizes smaller than the 0.5 µm as stated.
For claim 16, Min teaches a display device (Min, fig. 8) comprising: a substrate (fig. 8 numeral SUB); a first electrode and a second electrode (fig. 8 numerals REL1 and REL2) extending substantially in parallel to each other (fig. 7 shows electrodes REL1 and REL2 extending in parallel directions, including DR2; fig. 8 shows the electrodes REL1 and REL2 both extending horizontally with respect to the substrate resulting in parallel extension directions); an insulating layer on the first electrode and the second electrode (fig. 8 numeral INS1); a light-emitting elements on the insulating layer and aligned on the first electrode and the second electrode (fig. 8 numeral LD1; fig. 12 shows multiple light emitting elements LD1 and LD2 present on the first and second electrodes REL1_1 and REL2); and a first connection electrode connected to the first end portions of the light-emitting elements (fig. 8 numeral CNE1_1; fig. 9 numeral CNE1_1) and a second connection electrode connected to second end portions of the light-emitting elements (fig. 8 numeral CNE2; fig. 9 numeral CNE2), wherein: each of the light-emitting elements comprises a first semiconductor layer (fig. 1 shows light emitting element LD as shown in figure 8; fig. 1 numeral 11); and active layer on the first semiconductor layer (fig. 1a numeral 12), a second semiconductor layer on the active layer (fig. 1a numeral 13), an electrode layer on the second semiconductor layer (fig. 1a numeral 15), and an insulating film around the peripheral surfaces of the first semiconductor layer, the active layer, the second semiconductor layer, and the electrode layer (fig. 1a numeral 14), the active layer comprises a cover layer comprising a plurality of quantum dots (Par. [0144] teaches the active layer 12 being a layer comprising a quantum well layer and a barrier layer, and that the active layer includes quantum dot structures), and the first semiconductor layer, the active layer, the second layer, and the electrode layer are sequentially stacked in one direction to form a shape of a rod (Par. [0060], “Accordingly, the emission stacking pattern 10 may include a stacked structure in which the first conductive semiconductor layer 11, the active layer 12, the second conductive semiconductor layer 13, and the electrode layer 15 are sequentially stacked.”; fig. 1a shows the layers sequentially stacked to form rod 10). Min is silent regarding the plurality of quantum dots being spaced apart from the first semiconductor layer and the second semiconductor layer.
Fei teaches a light emitting element (Fei, fig. 1 – fig. 3) with a first semiconductor layer (fig. 2 numeral 200), an active layer comprising quantum dots on the first semiconductor layer (fig. 2 numeral 300), and a second semiconductor layer on the active layer (fig. 2 numeral 400). Fei also teaches that the plurality of quantum dots (fig. 3 numeral 320 shows the plurality quantum dots as a part of active layer 330) are spaced apart from the first semiconductor layer and the second semiconductor layer (fig. 2 and fig. 3 shows transition layers 340 and 310 spacing the quantum dots present in active layer 330 away from semiconductor layers 400 and 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the transition layers and spacing of the quantum dots in Fei with the structure of the light-emitting element in Min in order to mitigate the stress and cracking of the quantum dots (Fei, Par. [0045]).
For claim 17, Min and Fei teach all of claim 16. Min also teaches the light-emitting element is formed in a shape of a cylindrical rod or a hexagonal rod (fig. 1a shows the rod 10 as being cylindrical in shape).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020171322 A1 hereinafter Min in further view of CN 103187498 A hereinafter Fei and in further view of CN 101038947 A hereinafter Chen.
For claim 4, Min and Fei teach all of claim 1. Min also teaches the quantum dots including INGaN material (Min, Par. [0144]; “The active layer 12 is provided and/or formed on the upper surface 11b of the first conductive semiconductor layer 11, and has a single well structure, a multiple well structure, a single quantum well structure, and a multiple quantum well ( MQW: Multi Quantum Well) structure, may include any one of a quantum dot structure or a quantum wire structure. The active layer 12 is a well layer and a barrier layer, for example, AlGaN/AlGaN, InGaN/GaN, InGaN/InGaN, AlGaN/GaN, InAlGaN/GaN, aAs (InGaAs) using a compound semiconductor material of group III-V element. /AlGaAs, GaP (InGaP) / AlGaP may be formed in any one or more pair structure, but is not limited thereto.”). Min and Fei are silent regarding the InGaN material being InxGa1-xN wherein x is 0.1 to 0.3.
Chen teaches a light-emitting element (Chen, fig. 1) with a quantum well layer and barrier layer comprising quantum dots, and the quantum dots comprise a material being InxGa1-xN wherein x is 0.1 to 0.3 (Par. [0016]; “…the InGaN multi-quantum structure luminous layer is InyGa1-yN barrier layer and quantum well layer light emitting diode consisting of InxGa1-xN active layer, wherein y is less than x, y is less than x, x is more than 0.1 less than 0.3, 0<y is less than 0.15, the quantum well layer is InxGa1-xN quantum dot and soakage quantum structure of two layers or different components generated by the phase segregation;…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the quantum dot material in Chen with the active layer in Min and Fei in order to improve growth processes of the device (Chen, abstract) and increase light emitting efficiency (Chen, Par. [0012]; Par. [0025]).
Claim(s) 5 – 6 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020171322 A1 hereinafter Min in view of CN 103187498 A hereinafter Fei and in view of CN 101038947 A hereinafter Chen and in further view of KR 20110063220 A hereinafter Yoon.
For claim 5, Min, Fei, and Chen teach all of claim 4. Min, Fei, and Chen are silent regarding the indium (In) content of the plurality of quantum dots is different form an indium (In) content of the cover layer.
Yoon teaches a light-emitting element (Yoon, fig. 5) with an active layer (fig. 5 numeral 107) which includes quantum dots comprised of InGaN (Par. [0034], “The active layer 107 may be formed in a single quantum well structure or a multiple quantum well structure. The active layer 107 may be formed using a compound semiconductor material of Group III-V elements, and a period of a well layer and a barrier layer, for example, In .sub.x Al .sub.y Ga .sub.(1-xy) N well layer / In .sub.a Al .sub.b Ga .sub.( 1-ab) can be formed with a period of N barrier layer (0 <x≤1, 0≤y≤1, 0≤x + y≤1, 0≤a≤1, 0≤b≤1, 0≤a + b≤1).”). Yoon also teaches that the indium content in the active layer has higher concentrations at points where the quantum dots are formed compared to points where no quantum dots are formed (Par. [0046 - 0047], “the active layer 107, the quality of the well layer can be prevented from being lowered, and the indium rich, which is a high concentration of indium, can be prevented. In rich clusters or quantum dot formation may be induced. Here, the high concentration of indium lumps are agglomerates having a larger amount of indium than the indium composition in the well layer, and the size thereof has a diameter of 20 nm or less (eg, 1 to 20 nm). The high concentration of indium in the well layer is 1E11 / cm .sup.2 or more (e.g .: 1E11 / cm .sup.2 .sup. It can be formed with a density of ~ 1E13 / cm .sup.2 ). The high concentration of indium lumps may have irregular shapes or random shapes, and may be formed at irregular intervals.”; Par. [0072], “The thermal annealing process induces formation of quantum dots (QDs), which are high concentrations of indium lumps, in the well layer of the active layer 107, and the quantum dots may cause an improvement in optical properties.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to include the concentration of indium difference in Yoon with the active layer in Min, Fei, and Chen in order to improve the optical properties of the device (Yoon, Par. [0072]).
For claim 6, Min, Fei, Chen, and Yoon teach all of claim 5. Yoon also teaches the In content of the plurality of quantum dots is greater than the In content of the cover layer (Yoon, Par. [0046], “…the active layer 107, the quality of the well layer can be prevented from being lowered, and the indium rich, which is a high concentration of indium, can be prevented. In rich clusters or quantum dot formation may be induced. Here, the high concentration of indium lumps are agglomerates having a larger amount of indium than the indium composition in the well layer…”).
For claim 18, Min and Fei teach all of claim 16. Min also teaches the quantum dots including InGaN material (Min, Par. [0144]; “The active layer 12 is provided and/or formed on the upper surface 11b of the first conductive semiconductor layer 11, and has a single well structure, a multiple well structure, a single quantum well structure, and a multiple quantum well ( MQW: Multi Quantum Well) structure, may include any one of a quantum dot structure or a quantum wire structure. The active layer 12 is a well layer and a barrier layer, for example, AlGaN/AlGaN, InGaN/GaN, InGaN/InGaN, AlGaN/GaN, InAlGaN/GaN, aAs (InGaAs) using a compound semiconductor material of group III-V element. /AlGaAs, GaP (InGaP) / AlGaP may be formed in any one or more pair structure, but is not limited thereto.”). Min is silent regarding the InGaN material being InxGa1-xN wherein x is 0.1 to 0.3. Min is also silent regarding the indium (In) content of the plurality of quantum dots is different from the indium (In) content of the cover layer.
Chen teaches a light-emitting element (Chen, fig. 1) with a quantum well layer and barrier layer comprising quantum dots, and the quantum dots comprise a material being InxGa1-xN wherein x is 0.1 to 0.3 (Par. [0016]; “…the InGaN multi-quantum structure luminous layer is InyGa1-yN barrier layer and quantum well layer light emitting diode consisting of InxGa1-xN active layer, wherein y is less than x, y is less than x, x is more than 0.1 less than 0.3, 0<y is less than 0.15, the quantum well layer is InxGa1-xN quantum dot and soakage quantum structure of two layers or different components generated by the phase segregation;…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the quantum dot material in Chen with the active layer in Min and Fei in order to improve growth processes of the device (Chen, abstract) and increase light emitting efficiency (Chen, Par. [0012]; Par. [0025]). Min, Fei, and Chen are silent regarding the indium (In) content of the plurality of quantum dots is different from the indium (In) content of the cover layer.
Yoon teaches a light-emitting element (Yoon, fig. 5) with an active layer (fig. 5 numeral 107) which includes quantum dots comprised of InGaN (Par. [0034], “The active layer 107 may be formed in a single quantum well structure or a multiple quantum well structure. The active layer 107 may be formed using a compound semiconductor material of Group III-V elements, and a period of a well layer and a barrier layer, for example, In .sub.x Al .sub.y Ga .sub.(1-xy) N well layer / In .sub.a Al .sub.b Ga .sub.( 1-ab) can be formed with a period of N barrier layer (0 <x≤1, 0≤y≤1, 0≤x + y≤1, 0≤a≤1, 0≤b≤1, 0≤a + b≤1).”). Yoon also teaches that the indium content in the active layer has higher concentrations at points where the quantum dots are formed compared to points where no quantum dots are formed (Par. [0046 - 0047], “the active layer 107, the quality of the well layer can be prevented from being lowered, and the indium rich, which is a high concentration of indium, can be prevented. In rich clusters or quantum dot formation may be induced. Here, the high concentration of indium lumps are agglomerates having a larger amount of indium than the indium composition in the well layer, and the size thereof has a diameter of 20 nm or less (eg, 1 to 20 nm). The high concentration of indium in the well layer is 1E11 / cm .sup.2 or more (e.g .: 1E11 / cm .sup.2 .sup. It can be formed with a density of ~ 1E13 / cm .sup.2 ). The high concentration of indium lumps may have irregular shapes or random shapes, and may be formed at irregular intervals.”; Par. [0072], “The thermal annealing process induces formation of quantum dots (QDs), which are high concentrations of indium lumps, in the well layer of the active layer 107, and the quantum dots may cause an improvement in optical properties.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to include the concentration of indium difference in Yoon with the active layer in Min, Fei, and Chen in order to improve the optical properties of the device (Yoon, Par. [0072]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020171322 A1 hereinafter Min in view of CN 103187498 A hereinafter Fei and in further view of KR 20110063220 A hereinafter Yoon.
For claim 7, Min and Fei teach all of claim 1. Min and Fei is silent regarding the plurality of quantum dots being spaced apart at random intervals.
Yoon teaches a light-emitting element (Yoon, fig. 5) with an active layer (fig. 5 numeral 107) which includes quantum dots comprised of InGaN (Par. [0034], “The active layer 107 may be formed in a single quantum well structure or a multiple quantum well structure. The active layer 107 may be formed using a compound semiconductor material of Group III-V elements, and a period of a well layer and a barrier layer, for example, In .sub.x Al .sub.y Ga .sub.(1-xy) N well layer / In .sub.a Al .sub.b Ga .sub.( 1-ab) can be formed with a period of N barrier layer (0 <x≤1, 0≤y≤1, 0≤x + y≤1, 0≤a≤1, 0≤b≤1, 0≤a + b≤1).”). Yoon also teaches the plurality of quantum dots being formed at random intervals (Par. [0047]; “The high concentration of indium lumps may have irregular shapes or random shapes, and may be formed at irregular intervals.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the random intervals of quantum dot spacing in Yoon with the active layer in Min and Fei in order to improve the optical properties of the device (Yoon, Par. [0072]).
Claim(s) 8 – 10 and 19 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2020171322 A1 hereinafter Min in view of CN 103187498 A hereinafter Fei and in further view of JP 2009260341 A hereinafter Smith.
For claim 8, Min and Fei teach all of claim 1. Min and Fei are silent regarding the size of each of the plurality of quantum dots is in a range of 1 nm to 500 nm.
Smith teaches a light-emitting element (Smith fig. 5) comprising an active layer with a cover layer (fig. 5 numeral 1bi) and quantum dots comprising the cover layer (fig. 5 numeral 1a). Smith also teaches that the quantum dots has a thickness between 1 nm to 5 nm (Par. [0027], “The size of these quantum dots may be 1 nm to 5 nm in height.”). Smith also teaches the quantum dots having different thicknesses and that the thickness of the quantum dots are variable (Par. [0027 – 0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the quantum dot thickness in Smith with the active layer in Min and Fei in order to control and change the light emitted and improve the light-emission properties of the device (Smith, Par. [0051], fig. 4; “An average electroluminescence output from a wafer for a quantum well light-emitting diode composed of an AlGaInN material system grown according to an embodiment of the present invention and grown using only plasma-assisted molecular beam epitaxy during the growth of the active region of the device FIG. 4 shows a comparison with the average electroluminescence output from a wafer for a quantum well light emitting diode composed of a modified AlGaInN material system.”).
For claim 9, Min and Fei teach all of claim 1. Min and Fei are silent regarding the size of each of the plurality of quantum dots is in a range of 1 nm to 500 nm.
Smith teaches a light-emitting element (Smith, fig. 5) comprising an active layer with a cover layer (fig. 5 numeral 1bi) and quantum dots comprising the cover layer (fig. 5 numeral 1a). Smith also teaches the size of the quantum dots being variable, and being in the range of 1 nm to 500 nm (Par. [0027 – 0028]; “…The size of these quantum dots may be less than 50 nm in all three dimensions. The size of these quantum dots may be less than 10 nm in height… These quantum dot active layers 1a may have different thicknesses.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the size of the quantum dots in Smith with the active layers in Min and Fei in order to control and change the light emitted and improve the light-emission properties of the device (Smith, Par. [0051], fig. 4; “An average electroluminescence output from a wafer for a quantum well light-emitting diode composed of an AlGaInN material system grown according to an embodiment of the present invention and grown using only plasma-assisted molecular beam epitaxy during the growth of the active region of the device FIG. 4 shows a comparison with the average electroluminescence output from a wafer for a quantum well light emitting diode composed of a modified AlGaInN material system.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention that the size ranges in Smith would include quantum dots with a total size in the range of 1 nm to 500 nm, as Smith teaches a similar range within 1 nm to 500 nm. A prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness. See In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
For claim 10, Min and Fei teach all of claim 1. Min and Fei are silent regarding the active layer having a structure in which a plurality of cover layers, each of the plurality of cover layers comprising a plurality of quantum dots, are stacked.
Smith teaches a light-emitting element (Smith, fig. 5) with an active layer (fig. 5 numeral 1) comprising a plurality of cover layers (fig. 5 numerals 1bi and 1bii), each of the plurality of cover layers comprising a plurality of quantum dots (fig. 5 numeral 1a) and the plurality of cover layers are stacked (fig. 5 shows the cover layers 1bi and 1bii stacked in the light-emitting device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the multiple cover layers in Smith with the active layer in Min and Fei in order to emit light of different wavelengths from the one device (Smith, Par. [0007]; “7. There is a great interest today in fabricating devices with the (Al, Ga, In) N material system. This means that devices made with this material system can emit light in the ultraviolet, infrared and all visible wavelengths of the electromagnetic radiation spectrum…) and increase the light output of the device by increasing the number of active layers emitting light.
For claim 19, Min and Fei teach all of claim 16. Min and Fei are silent regarding a thickness of each of the plurality of quantum dots is in a range of 1 nm to 5 nm, and a size of each of the plurality of quantum dots is in a range of nm to 500 nm.
Smith teaches a light-emitting element (Smith fig. 5) comprising an active layer with a cover layer (fig. 5 numeral 1bi) and quantum dots comprising the cover layer (fig. 5 numeral 1a). Smith also teaches that the quantum dots has a thickness between 1 nm to 5 nm (Par. [0027], “The size of these quantum dots may be 1 nm to 5 nm in height.”). Smith also teaches the quantum dots having different thicknesses and that the thickness of the quantum dots are variable (Par. [0027 – 0028]). Smith also teaches the size of the quantum dots being variable, and being in the range of 1 nm to 500 nm (Par. [0027 – 0028]; “…The size of these quantum dots may be less than 50 nm in all three dimensions. The size of these quantum dots may be less than 10 nm in height… These quantum dot active layers 1a may have different thicknesses.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the size and thicknesses of the quantum dots in Smith with the active layers in Min and Fei in order to control and change the light emitted and improve the light-emission properties of the device (Smith, Par. [0051], fig. 4; “An average electroluminescence output from a wafer for a quantum well light-emitting diode composed of an AlGaInN material system grown according to an embodiment of the present invention and grown using only plasma-assisted molecular beam epitaxy during the growth of the active region of the device FIG. 4 shows a comparison with the average electroluminescence output from a wafer for a quantum well light emitting diode composed of a modified AlGaInN material system.”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention that the size ranges in Smith would include quantum dots with a total size in the range of 1 nm to 500 nm, as Smith teaches a similar range within 1 nm to 500 nm. A prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness. See In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
For claim 20, Min and Fei teach all of claim 16. Min and Fei are silent regarding the active layer having a structure in which a plurality of cover layers, each of the plurality of cover layers comprising a plurality of quantum dots, are stacked.
Smith teaches a light-emitting element (Smith, fig. 5) with an active layer (fig. 5 numeral 1) comprising a plurality of cover layers (fig. 5 numerals 1bi and 1bii), each of the plurality of cover layers comprising a plurality of quantum dots (fig. 5 numeral 1a) and the plurality of cover layers are stacked (fig. 5 shows the cover layers 1bi and 1bii stacked in the light-emitting device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the immediate invention to combine the multiple cover layers in Smith with the active layer in Min and Fei in order to emit light of different wavelengths from the one device (Smith, Par. [0007]; “There is a great interest today in fabricating devices with the (Al, Ga, In) N material system. This means that devices made with this material system can emit light in the ultraviolet, infrared and all visible wavelengths of the electromagnetic radiation spectrum…) and increase the light output of the device by increasing the number of active layers emitting light.
Response to Arguments
Applicant's arguments filed 04/30/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 and 16 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 directed towards the drawings and that it is not necessary to show the claimed hexagonal rod is unpersuasive, as the drawing in a nonprovisional application must show every feature of the invention specified in the claims. See 37 CFR 1.83(a). The hexagonal shape is claimed in claims 2 and 17 and must be shown in the drawings. Further, given the broadest reasonable interpretation of a hexagon is a six sided shape, which allows for a wide variety of shapes and cross sections as not all sides of a hexagon need to have equal lengths, not all the internal or external angles need to be equal, and other variations in the shape’s size, structure, and appearance are possible while still meeting the definition of a hexagon (a shape having six sides). A cylindrical rod having a circular cross section and no defined sides does not show or demonstrate a hexagonal shape or a rod having a hexagonal shape. The objection to the drawings is maintained as the drawings fail to show all claimed subject matter.
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.
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/J.T.N./Examiner, Art Unit 2815
/MONICA D HARRISON/Primary Examiner, Art Unit 2815
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