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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-5, 8-10, 13-14, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticiapted by Lee et al. (hereinafter Lee, US 2021/0126043).
In regards to independent claim 1, Lee teaches a light emitting device comprising:
a first layer (20) including a first light emitting element (23) that makes a first light emission region emit light ([0066], red) and a first transparent insulation member (61) that covers the first light emitting element;
a second layer stacked (30) on a light emission direction side of the first layer and including a second light emitting element (33) that makes a second light emission region emit light ([0066], blue) and a second transparent insulation member (63) that covers the second light emitting element; and
a third layer stacked (40) on the light emission direction side of the second layer and including a third light emitting element (43) that makes a third light emission region ([0066], green), at least partially overlapping with the first light emission region and the second light emission region as viewed from the light emission direction (see figures 1C, 1D, stacked layers form overlapping pyramid), emit light and a third transparent insulation (11) member that covers the third light emitting element,
wherein the third light emission region is formed so that its area as viewed from the light emission direction is larger than the first light emission region and the second light emission region (see Fig. 1C, 1D layer 40 is wider than layers 30 and 20, Fig. 3A shows that 41 is larger than 31 which is larger than 21).
In regards to dependent claim 2, Lee teaches the light emitting device according to claim 1, wherein the third light emitting element is a light emitting element having lower luminous efficiency than the first light emitting element and the second light emitting element (The luminous efficiency of the third stack (i.e. green) using InGaN is lower than the second stack (i.e. blue) using InGaN and is lower than the first stack (i.e. red) using GaP, [0069], [0071], [0072]).
In regards to dependent claim 3, Lee teaches the light emitting device according to claim 2, wherein the third light emitting element includes at least a gallium nitride-based light emitting layer ([0072], “According to an exemplary embodiment, the third light emitting stack 40 may include a semiconductor material, such as GaN, InGaN, GaP, AlGaInP, AlGaP, or the like that emits green light”).
In regards to dependent claim 4, Lee teaches the light emitting device according to claim 2, wherein the third light emitting element includes at least a light emitting layer including indium gallium nitride and a cathode layer including gallium nitride ([0072], “According to an exemplary embodiment, the third light emitting stack 40 may include a semiconductor material, such as GaN, InGaN, GaP, AlGaInP, AlGaP, or the like that emits green light”).
In regards to dependent claim 5, Lee teaches the light emitting device according to claim 1, wherein the third light emitting element emits light having a dominant wavelength longer than the dominant wavelength of at least one of the first light emitting element and the second light emitting element (Lee, green).
In regards to dependent claim 8, Lee teaches the light emitting device according to claim 1, further comprising a first reflective layer that is arranged between the first light emitting element and the third light emitting element in regard to the light emission direction and is formed not to overlap with the first light emission region or the second light emission region and to overlap with at least a part of the third light emission region as viewed from the light emission direction (Lee, 81, 83, [0076]).
In regards to dependent claim 9, Lee teaches the light emitting device according to claim 8, wherein the first reflective layer is arranged between the second light emitting element and the third light emitting element in regard to the light emission direction and is electrically connected to a common terminal provided for each of the first light emitting element, the second light emitting element and the third light emitting element (Lee, 81, 83, [0076]).
In regards to dependent claim 10, Lee teaches the light emitting device according to claim 1, further comprising a second reflective layer that is arranged on a side opposite to the light emission direction relative to the first light emitting element and is formed to overlap with at least part of the first light emission region, the second light emission region and the third light emission region as viewed from the light emission direction (Lee, [0087]).
In regards to dependent claim 13, Lee teaches the light emitting device according to claim 1, wherein
each of the first light emitting element, the second light emitting element and the third light emitting element includes a light emitting layer, a cathode layer and an anode layer (Lee, Fig. 1C, 25, 23, 21, 35, 33, 31, 41, 43, 45), and
an area of contact between the light emitting layer and the cathode layer in the third light emitting element is larger than an area of contact between the light emitting layer and the cathode layer in the first light emitting element and an area of contact between the light emitting layer and the cathode layer in the second light emitting element (Lee, Fig. 1C third stack is larger surface area than the other two).
In regards to dependent claim 14, Lee teaches the light emitting device according to claim 1, wherein in the first layer, the second layer and the third layer, a plurality of the first light emitting elements, a plurality of the second light emitting elements and a plurality of the third light emitting elements are respectively arranged in an array (Lee, Fig. 1C).
In regards to independent claim 16, Lee teaches a light emitting device comprising:
a first layer (20) including a first light emitting element (23) that makes a first light emission region emit light and a first transparent insulation member (61) that covers the first light emitting element;
a second layer (30) stacked on a light emission direction side of the first layer and including a second light emitting element (33) that makes a second light emission region emit light and a second transparent insulation (63) member that covers the second light emitting element; and
a third layer stacked (40) on the light emission direction side of the second layer and including a third light emitting element (43) that makes a third light emission region, at least partially overlapping with the first light emission region and the second light emission region as viewed from the light emission direction, emit light and a third transparent insulation member that covers the third light emitting element,
wherein the third light emitting element includes an indium gallium nitride-based light emitting layer and a gallium nitride-based cathode layer in contact with the light emitting layer ([0072], “According to an exemplary embodiment, the third light emitting stack 40 may include a semiconductor material, such as GaN, InGaN, GaP, AlGaInP, AlGaP, or the like that emits green light”) and has lower luminous efficiency than the first light emitting element and the second light emitting element (The luminous efficiency of the third stack (i.e. green) using InGaN is lower than the second stack (i.e. blue) using InGaN and is lower than the first stack (i.e. red) using GaP, [0069], [0071], [0072])
Allowable Subject Matter
Claims 6-7, 11-12, 15 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to disclose or teach an obvious combination of the following limitations when taken with the claim as a whole:
Claim 6, 7: wherein at least one of the first light emission region and the second light emission region includes a part not overlapping with the third light emission region as viewed from the light emission direction.
Claim 11: the first light emission region and the second light emission region are respectively formed at positions not to overlap with the conductive columns respectively formed in the first layer and the second layer as viewed from the light emission direction, and
the third light emission region is formed at a position to overlap with at least part of the conductive columns respectively formed in the first layer and the second layer as viewed from the light emission direction.
Claim 12: a third conductive column provided in the first layer, the second layer and the third layer and electrically connecting the third light emitting element and the substrate to each other, wherein
the first light emission region and the second light emission region are formed at positions not to overlap with the first conductive column, the second conductive column or the third conductive column as viewed from the light emission direction, and
the third light emission region is formed at a position to overlap with the first conductive column and the second conductive column as viewed from the light emission direction.
Claim 15: a lens that is arranged on the light emission direction side of the third layer and refracts light, wherein a focal point of the lens is situated on a side in a direction opposite to the light emission direction relative to the third light emitting element.
Conclusion
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/WILLIAM C TRAPANESE/Primary Examiner, Art Unit 2812