Prosecution Insights
Last updated: October 02, 2026
Application No. 18/499,136

LIGHT EMITTING ELEMENT, MANUFACTURING METHOD OF LIGHT EMITTING ELEMENT, AND DISPLAY DEVICE

Non-Final OA §103§112
Filed
Oct 31, 2023
Priority
Nov 01, 2022 — RE 10-2022-0143936
Examiner
SIPLING, KENNETH MARK
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
9 granted / 12 resolved
+7.0% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
23 currently pending
Career history
54
Total Applications
across all art units

Statute-Specific Performance

§103
69.1%
+29.1% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 12 resolved cases

Office Action

§103 §112
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 filed on 5/15/2026, without traverse to prosecute the claims of Invention I, claims 1-19 and 29 is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/31/2023 is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Objections Claim 4 is objected to because of the following informalities: Claim 4 on page 45 (printed on sheet) lines 3 and 4 state, “…the first metal element comprises one or more of Ta, Hf, Zr, La, Si, Ti, or Al.” Silicon is not a metal and should therefore be removed from claim 4. Appropriate correction is required. 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. Claim 12 is 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. Claim 12 recites the limitations “n being an odd number greater than or equal to 3” in line 16 on page 46 and “m being an odd number of 3 or more, and less than or equal to n” in line 19 on page 46. There is insufficient antecedent basis for this limitation in the claim. If the condition is n=3, then m is not satisfied for less than 3. Therefore, n cannot be equal to 3, and m cannot be less than n. It is unclear how exactly m and n relate to one another. It unclear how to consider m and n for examination. 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 1-6, 8, 9, 18, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1). Re Claim 1 Cheng teaches a light-emitting element (FIG. 9) [0093] comprising: an N-type semiconductor layer (24) [0080]; a P-type semiconductor layer (27, [0082] states, “the second semiconductor material layer 26 is a P-type conductive material layer”, and [0086] states, “…second semiconductor material layer 26 that is away from the substrate 21 to obtain a second semiconductor layer 27…”); an active layer (25) 900740 between the N-type semiconductor layer (24) and the P-type semiconductor layer (27); and an insulating layer (2151, 2152 [0100], 22 [0078] mentions AlN, 219 [0077] mentions AlN, 21 [0076] mentions sapphire) on a semiconductor stacked structure (24, 25, 27) comprising the N-type semiconductor layer (24), the P-type semiconductor layer (27), and the active layer (25), and comprising a first insulating structure (2151, 2152, 22, 219) and a second insulating structure (21), the first insulating structure (2151, 2152, 22, 219) being between the semiconductor stacked structure (24, 25, 27) and the second insulating structure (21, FIG. 9). Cheng does not teach the first insulating structure comprising a metal oxide comprising two or more metal elements. Haerkoenen teaches the first insulating structure (4, page 8 par 1) comprising a metal oxide (Al .sub.x Ti .sub.y O .sub.z) comprising two or more metal (Al & Ti, FIG. 1) elements (5 is light emitting layer, page 8 par 1). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate a metal composite material as the device’s first insulating structure. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Re Claim 2 Cheng teaches the light-emitting element of claim 1, at least a portion of the semiconductor stacked structure (24, 25, 27) comprises a base element (Ga, 24 contains GaN) [0080], and Chen does not teach the two or more metal elements comprise a first metal element. Haerkoenen teaches the two or more metal elements (Al & Ti, page 8 par 1) comprise a first metal element (Ti). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Al & Ti as the two metals of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Cheng in view of Haerkoenen further teaches a bond-dissociation energy (662 kJ/mol, see attached NPL “PROPERTIES OF ATOMS, RADICALS, AND BONDS” page 4.52) of an oxide of the first metal element (Haerkoenen, Ti) is greater than a bond-dissociation energy (285 kJ/mol) of an oxide of the base element (Cheng, Ga). Re Claim 3 Cheng teaches the light-emitting element of claim 2, wherein the base element is gallium [0080], wherein the N-type semiconductor layer (24) comprises an N-type gallium nitride [0080], wherein the P-type semiconductor layer (26 [0082], 26 becomes 27 [0086]) comprises a P-type gallium nitride [0082]. Cheng does not teach a bond-dissociation energy of an oxide of the first metal element is greater than about 200 kJ/mol. Haerkoenen teaches a bond-dissociation energy (662 kJ/mol, see attached NPL “PROPERTIES OF ATOMS, RADICALS, AND BONDS” page 4.52) of an oxide of the first metal element (Ti) is greater than about 200 kJ/mol. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Ti as the first metal of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Re Claim 4 Cheng in view of Haerkoenen teaches the light-emitting element of claim 2, wherein the first metal element comprises one or more of Ta, Hf, Zr, La, Si, Ti, or Al (Haerkoenen, page 8 par 1). Re Claim 5 Cheng teaches the light-emitting element of claim 2, wherein at least a portion (24) of the semiconductor stacked structure (24, 25, 27) comprises a base element (Ga) [0080]. Cheng does not teach the two or more metal elements comprise a first metal element. Haerkoenen teaches the two or more metal elements (Al & Ti, page 8 par 1) comprise a first metal element (Ti). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Ti as the first metal of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Cheng in view of Haerkoenen further teaches an ionic radius (.74 Å, WO 2022145349 A1 page 5 par 2) of the first metal element (Ti, Haerkoenen page 8 par 1) in the oxide of the first metal element is greater than an ionic radius (.62 Å, US 20220230880 A1 [0048]) of the base element (Ga, Cheng [0080]) in an oxide of the base element. Re Claim 6 Cheng teaches the light-emitting element of claim 5, wherein the base element comprises gallium [0080], wherein the N-type semiconductor layer (24) comprises an N-type gallium nitride [0080], wherein the P-type semiconductor (27) layer comprises a P-type gallium nitride [0082, 0086]. Cheng does not teach an ionic radius of the first metal element is greater than 0.62 A. Haerkoenen teaches an ionic radius (.74 Å, WO 2022145349 A1 page 5 par 2) of the first metal element (Ti, page 8 par 1) is greater than 0.62 A. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Ti as the first metal of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Re Claim 8 Cheng teaches the light-emitting element of claim 2, wherein the first insulating structure (2151, 2152, 22, 219) is directly adjacent to the semiconductor stacked structure (24, 25, 27), and comprises a first insulating layer (2152, FIG. 9). Cheng does not teach the first insulating layer comprising an oxide comprising the first metal element. Haerkoenen teaches the first insulating layer (4, page 8 par 1) comprising an oxide (Al .sub.x Ti .sub.y O .sub.z) comprising the first metal element (Ti). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Ti as the first metal element of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Re Claim 9 Cheng in view of Haerkoenen teaches the light-emitting element of claim 8, wherein the first insulating structure (Cheng, 2151, 2152, 22, 219) further comprises an additional insulating layer (219) between the first insulating layer (2152) and the second insulating structure (21), and comprising a base insulating layer (22), and an interface insulating layer (2151) between the first insulating layer (2152) and the base insulating layer (22, FIG. 9). Re Claim 18 Cheng in view of Haerkoenen teaches the light-emitting element of claim 1, wherein at least a portion (Cheng, 24) of the semiconductor stacked structure (24, 25, 26) comprises one or more of a gallium-base material (GaN) [0080] and a phosphide-base material. Re Claim 29 Cheng in view of Haerkoenen teaches a display device (Cheng, FIG. 9) [0093] comprising the light-emitting element (FIG. 9) of claim 1. Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1) as applied to claims 1,2, 8, and 9 above, and further in view of Chuman (WO 2010146645 A1). Re Claim 7 Cheng teaches the light-emitting element of claim 1, wherein the N-type semiconductor layer (24) comprises an N-type gallium nitride [0080], wherein the P-type semiconductor layer (27) comprises a P-type gallium nitride [0082, 0086]. Cheng does not teach the two or more metal elements comprise a first metal element. Haerkoenen teaches the two or more metal elements (Al & Ti, page 8 par 1) comprise a first metal element (Ti). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Haerkoenen into the structure of Cheng to integrate Ti as the first metal of the metal composite material. The ordinary artisan would have been motivated to modify Haerkoenen in combination with Cheng in the above manner for the motivation of using a composite metal oxide as the light-emitting element insulating material to build an optimal full color display. Page 2 par 3 states, “Great efforts have been and are still being made to to develop a blue-emitting TFEL phosphor that is necessary to implement a full-color TFEL display.” Cheng in view of Haerkoenen does not teach the first metal element comprises one or more of Zn, Ta, Hf, Zr, or La. Chuman teaches the first metal element (use hafnium titanate for 19, FIG. 1, page 11 par 1) comprises one or more of Zn, Ta, Hf, Zr, or La. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Chuman into the structure of Cheng in view of Haerkoenen to integrate Hf as the first metal of the metal composite material. The ordinary artisan would have been motivated to modify Chuman in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using a composite metal oxide containing Hf as the first metal to build a light emitting element that is light weight and flexible. Page 2 par 3 states, “Although organic TFT is inferior to inorganic materials such as silicon in device characteristics, it has features such as light weight, flexibility, low temperature process, and formation by printing. It is expected to open up unique uses such as displays.” Re Claim 10 Cheng in view of Haerkoenen teaches the light-emitting element of claim 9, but does not teach the interface insulating layer comprises a composite metal oxide comprising the first metal element. Chuman teaches the interface insulating layer (19, page 10 last par) comprises a composite metal oxide (hafnium titanate, page 11 par 1) comprising the first metal element (Ti, FIG. 1). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Chuman into the structure of Cheng in view of Haerkoenen to integrate hafnium titanate as the metal composite material for the interface insulating layer. The ordinary artisan would have been motivated to modify Chuman in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using a composite metal oxide containing Hf as the first metal to build a light emitting element that is light weight and flexible. Page 2 par 3 states, “Although organic TFT is inferior to inorganic materials such as silicon in device characteristics, it has features such as light weight, flexibility, low temperature process, and formation by printing. It is expected to open up unique uses such as displays.” Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1) as applied to claims 1,2, 8, and 9 above, and further in view of Ahn (US 20190384428 A1). Re Claim 11 Cheng in view of Haerkoenen teaches the light-emitting element of claim 9, but does not teach the interface insulating layer and the base insulating layer comprise a same second metal element, and wherein a bond-dissociation energy of an oxide of the second metal element is greater than a bond-dissociation energy of an oxide of the base element. Ahn teaches the interface insulating layer (450, [0101] “…any insulating material known to the art may be used without limitation…” use Al .sub.x Ti .sub.y O .sub.z) and the base insulating layer (50, [0105] “…the second insulating layer 50, any insulating material known to the art may be used without limitation…”, use Al .sub.x Ti .sub.y O .sub.z) comprise a same second metal element (Al, FIG. 2, FIG. 2 is a film touch sensor [0053] and can be mounted on a light-emitting element [0002]), and wherein a bond-dissociation energy (512 kJ/mol, see attached NPL “PROPERTIES OF ATOMS, RADICALS, AND BONDS” page 4.41) of an oxide (aluminum oxide) of the second metal element (Al) is greater than a bond-dissociation energy of an oxide of the base element (Gallium oxide, 285 kJ/mol). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Ahn into the structure of Cheng in view of Haerkoenen to integrate the same second metal element into the interface insulating layer and the base insulating layer. The ordinary artisan would have been motivated to modify Ahn in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using a same second metal element in the interface insulating layer and the base insulating layer to build a light-emitting element (FIG. 2 structure can be mounted on a light-emitting element) capable of compensating the difference in the transmittance between a patterned region and a non-patterned region. [0008] states, “A technical objective of the present invention is to provide a film touch sensor capable of compensating the difference in the transmittance between a patterned region and a non-patterned region which constitute a touch sensing layer so as to prevent a phenomenon wherein the patterned region and the non-patterned region are distinguishably recognized.” Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1) as applied to claim 1 above, and further in view of Sakong (US 20200403119 A1). Re Claim 13 Cheng in view of Haerkoenen teaches the light-emitting element of claim 1, but does not teach the first insulating structure comprises an amorphous structure or a single phase structure. Sakong teaches the first insulating structure (ML2) comprises an amorphous structure [0128] or a single phase structure (FIG. 14B). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Sakong into the structure of Cheng in view of Haerkoenen to integrate an amorphous structure as the first insulating layer. The ordinary artisan would have been motivated to modify Sakong in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using an amorphous structure as the first insulating layer to build a light-emitting element that functions at an optimal level to be in an electronic device such as a TV, phone, or PC. [0003] states, “Semiconductor light emitting diodes (LEDs) are not only used as light sources for lighting devices but also as light sources for various electronic products. In detail, LEDs are widely used as light sources for various display apparatuses such as TVs, mobile phones, PCs, notebook PCs, PDAs and the like.” Re Claim 14 Cheng in view of Haerkoenen and Sakong teaches the light-emitting element of claim 13 containing two or more metal elements (Haerkoenen, Al & Ti), but does not explicitly teach the two or more metal elements comprise different concentration gradients in a direction from the semiconductor stacked structure toward the second insulating structure in the first insulating structure. Cheng further teaches the two or more metal elements (integrate Al & Ti into Cheng 2151, 2152, 22, 219) comprise different concentration gradients (Al & Ti have different densities, therefore when mixed one will naturally be towards the top of the mixture, and the other metal will be towards the bottom of the mixture) in a direction from the semiconductor stacked structure (24, 25, 27) toward the second insulating structure (21) in the first insulating structure (FIG. 9). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cheng into the structure of Cheng in view of Haerkoenen and Sakong to reach optimal concentration gradients of the two metal elements. The ordinary artisan would have been motivated to modify Cheng in combination with Cheng in view of Haerkoenen and Sakong in the above manner for the motivation of finding ideal concentration gradients for the first and second metal elements to allow one to improve the uniformity of the light-emitting of the resonant cavity light-emitting diode. [0006] states, “The purpose of this application is to provide a preparation method for a resonant cavity light-emitting diode, which can improve the uniformity of the light-emitting of the resonant cavity light-emitting diode.” Re Claim 15 Cheng in view of Haerkoenen and Sakong teaches the light-emitting element of claim 14, wherein the two or more metal elements (Haerkoenen, Al & Ti) comprise a first metal element (Ti) and a second metal element (Al), but does not teach explicitly teach in the first insulating structure, a ratio of the first metal element to the second metal element increases in a direction toward the semiconductor stacked structure, and a ratio of the second metal element to the first metal element increases in a direction toward the second insulating structure. Cheng teaches in the first insulating structure (integrate Al & Ti into Cheng 2151, 2152, 22, 219), a ratio of the first metal element (Al) to the second metal element increases in a direction toward the semiconductor stacked structure (24, 25, 27), and a ratio of the second metal element (Ti) to the first metal element increases in a direction toward the second insulating structure (21, FIG. 9, as shown in the attached NPL “PERIODIC TABLE OF THE ELEMENTS”, Ti has a larger atomic mass and will therefore be more consolidated at the bottom of the mixture compared to lighter element Al which will be more consolidated at the top of the mixture). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Cheng into the structure of Cheng in view of Haerkoenen and Sakong to reach optimal concentration ratios of the two metal elements. The ordinary artisan would have been motivated to modify Cheng in combination with Cheng in view of Haerkoenen and Sakong in the above manner for the motivation of finding ideal concentration ratios for the first and second metal elements to allow one to improve the uniformity of the light-emitting of the resonant cavity light-emitting diode. [0006] states, “The purpose of this application is to provide a preparation method for a resonant cavity light-emitting diode, which can improve the uniformity of the light-emitting of the resonant cavity light-emitting diode.” Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1) as applied to claim 1 above, and further in view of Ikeda et al. (JP 2021144232 A). Re Claim 16 Cheng in view of Haerkoenen teaches the light-emitting element of claim 1, wherein at least a portion of the semiconductor stacked structure (Cheng, 24) comprises a base element (Ga). Cheng in view of Haerkoenen does not teach an interface layer comprising a metal oxide comprising the base element is between the semiconductor stacked structure and the first insulating structure. Ikeda teaches an interface layer (113) comprising a metal oxide (gallium oxide, page 15 par 4) comprising the base element (Ga) is between the semiconductor stacked structure (125, page 16 par 4) and the first insulating structure (101, page 14 par 10, FIG. 5D). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Ikeda into the structure of Cheng in view of Haerkoenen to integrate a Gallium oxide interface layer between the semiconductor stacked structure and the first insulating structure. The ordinary artisan would have been motivated to modify Ikeda in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using Gallium oxide to form an interface layer to allow the light emitting element to function at a peak level and still be thin and lightweight. Page 2 par 6 states, “For example, light emitting devices and display devices for mobile devices are thin and lightweight.” Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Haerkoenen et al. (DE 19925430 A1) as applied to claim 1 above, and further in view of Kubota et al. (JP 2022154022 A). Re Claim 17 Cheng in view of Haerkoenen teaches the light-emitting element of claim 1, but does not teach the first insulating structure is about 10 nm from the semiconductor stacked structure. Kubota teaches on page 5 last par, “…functional layer 50 is 10 nm or less…”. Using 10nm for 50 thickness places the first insulating structure (30, page 5 par 6) about 10nm from the semiconductor stacked structure (22/24/26, page 4 par 3, FIG. 8). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Kubota into the structure of Cheng in view of Haerkoenen to integrate the first insulating structure an ideal distance from the semiconductor stacked structure. The ordinary artisan would have been motivated to modify Kubota in combination with Cheng in view of Haerkoenen in the above manner for the motivation of optimally placing the first insulating structure in relation to the semiconductor stacked structure to allow for one to build a light emitting element to realize high-power light emission with a narrow emission angle. Page 2 par 1 states, “Semiconductor lasers are expected to be high-intensity next-generation light sources. In particular, semiconductor lasers to which nanocolumns are applied are expected to realize high-power light emission with a narrow emission angle due to the photonic crystal effect of the nanocolumns.” Furthermore, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. In the instant case, process optimization will allow one of ordinary skill in the art to reach ideal distance between the first insulating structure and the semiconductor stacked structure. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220231186 A1) in view of Ikeda et al. (JP 2021144232 A). Re Claim 19 Cheng teaches a light-emitting element (FIG. 9) [0093] comprising: an N-type semiconductor layer (24) comprising an N-type gallium nitride [0080]; a P-type semiconductor layer (27, [0082] states, “the second semiconductor material layer 26 is a P-type conductive material layer”, and [0086] states, “…second semiconductor material layer 26 that is away from the substrate 21 to obtain a second semiconductor layer 27…”) comprising a P-type gallium nitride [0082 & 0086]; an active layer (25) [0081] between the N-type semiconductor layer (24) and the P-type semiconductor layer (27); and an insulating layer (28 on above 27 in FIG. 9) [0091] covering at least a portion of each of the N-type semiconductor layer (24), the P-type semiconductor layer (27), and the active layer (25), and comprising a second insulating structure (22) [0098], and a first insulating structure (23) [0079] that is adjacent to the N-type semiconductor layer (24), the P-type semiconductor layer (27), and the active layer (25) compared to the second insulating structure (22). Cheng does not teach the first insulating structure comprises a metal oxide, wherein a bond-dissociation energy of the metal oxide is greater than a bond- dissociation energy of a gallium oxide, and wherein an ionic radius of a metal forming the metal oxide is greater than an ionic radius of gallium comprised in the gallium oxide. Ikeda teaches the first insulating structure (113, page 15 par 4) comprises a metal oxide (titanium dioxide), wherein a bond-dissociation energy (662 kJ/mol, see attached NPL “PROPERTIES OF ATOMS, RADICALS, AND BONDS” page 4.52) of the metal oxide (titanium dioxide) is greater than a bond- dissociation energy (285 jkJ/mol, see attached NPL “PROPERTIES OF ATOMS, RADICALS, AND BONDS” page 4.45) of a gallium oxide, and wherein an ionic radius (.74 Å, WO 2022145349 A1 page 5 par 2) of a metal (Ti) forming the metal oxide (titanium dioxide) is greater than an ionic radius of gallium (.62 Å, US 20220230880 A1 [0048]) comprised in the gallium oxide. It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching as taught by Ikeda into the structure of Cheng to integrate a titanium oxide material as the insulating material. The ordinary artisan would have been motivated to modify Ikeda in combination with Cheng in view of Haerkoenen in the above manner for the motivation of using titanium oxide to form the first insulating layer to allow the light emitting element to function at a peak level and still be thin and lightweight. Page 2 par 6 states, “For example, light emitting devices and display devices for mobile devices are thin and lightweight.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ko (US 20210226165 A1) teaches and LED structure (LD) [0057] with an active layer (12) [0064] between an n-type semiconductor layer (11) [0063] and a p-type semiconductor layer (13) [0066] surrounded by 2 insulating layers, PVL and INF as shown in FIG. 6. PVL is made of aluminum nitride [0120 & 0121], and INF is made of silicon oxide [0081]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH MARK SIPLING whose telephone number is (571)272-3269. The examiner can normally be reached 10 AM - 6 PM EST. 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, Eva Montalvo can be reached at (571) 270-3829. 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. /KENNETH MARK SIPLING/Examiner, Art Unit 2818 /DUY T NGUYEN/Primary Examiner, Art Unit 2818 8/6/26
Read full office action

Prosecution Timeline

Oct 31, 2023
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Patent 12745426
METAL CHALCOGENIDE TRANSISTORS WITH DEFECTED CHANNEL TRANSITION LAYER
4y 9m to grant Granted Sep 22, 2026
Patent 12557310
SEMICONDUCTOR DEVICE AND ELECTRIC POWER CONVERSION DEVICE
3y 7m to grant Granted Feb 17, 2026
Patent 12476051
HIGH-DENSITY CAPACITIVE DEVICE AND METHOD FOR MANUFACTURING SUCH A DEVICE
3y 8m to grant Granted Nov 18, 2025
Patent 12389663
METHOD FOR MAKING GATES OF DIFFERENT SIZES WITH DOUBLE PATTERNING TECHNOLOGY
3y 0m to grant Granted Aug 12, 2025
Study what changed to get past this examiner. Based on 4 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
92%
With Interview (+16.7%)
3y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 12 resolved cases by this examiner. Grant probability derived from career allowance rate.

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