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 .
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 1 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.
In the instant case, Claim 1 discloses that the “the electronic device” comprising:
a substrate; a first micro-LED located on the substrate; a second micro-LED located on the first micro-LED; a third micro-LED located on the second micro-LED” while providing “a first electrode that penetrates the electronic device and is electrically connected to the first micro-LED; a second electrode that penetrates the electronic device and is electrically connected to the second micro-LED; and a third electrode that penetrates the electronic device and is electrically connected to the third micro-LED.” It is not clear if the first, second and third electrodes penetrates all of the first, second, third LEDs and the substrate to make connection to each of the LEDs, since such vertically stacked components, in an open-ended form, make up the electronic device according to the recited electronic device limitations. Examiner will consider that portion of the electronic device is penetrated in order to achieve the connectivity of each electrode to its respective LED component. Applicant’s correction is required.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIM et al. (US 2019/0214373), (hereinafter, KIM).
PNG
media_image1.png
440
672
media_image1.png
Greyscale
RE Claim 1, KIM discloses, in FIGS. 1-82, light emitting device for a display includes a substrate and first, second, and third LED sub-units, a first transparent electrode between the first and second LED sub-units and in ohmic contact with the first LED sub-unit, a second transparent electrode between the second and third LED sub-units and in ohmic contact with the second LED sub-unit, a third transparent electrode between the second transparent electrode and the third LED sub-unit and in ohmic contact with the third LED sub-unit, at least one current spreader connected to at least one of the first, second, and third LED sub-units, electrode pads disposed on the substrate, and through-hole vias formed through the substrate, in which at least one of the through-hole vias is formed through the substrate and the first and second LED sub-units. KIM discloses in FIG. 2B, as annotated above, a vertically stacked electronic device formed by stacking a plurality of micro-LEDs in a vertical direction, the electronic device “display” comprising:
a substrate 41;
a first micro-LED 43 located on the substrate 41;
a second micro-LED 33 located on the first micro-LED 43;
a third micro-LED 23 located on the second micro-LED 33;
a common electrode 81d provided through the third micro-LED 23, the second micro-LED 33, and the first micro-LED 43 [0208-0209]. Examiner notes that first, second and third are relative terms that are interchangeable depending on from which point a count will start, hence the claimed limitation is met, referring to FIG. 2B;
a first electrode 81c that penetrates the electronic device and is electrically connected to the first micro-LED 43, referring to FIG. 2B;
a second electrode 81b that penetrates the electronic device and is electrically connected to the second micro-LED 33, referring to FIG. 2B; and
a third electrode 81a that penetrates the electronic device and is electrically connected to the third micro-LED 23, referring to FIG. 2B.
RE Claim 2, KIM discloses in FIGS. 4-13 a method for manufacturing a vertically stacked electronic device including a plurality of micro-LEDs, the method comprising:
providing an LED stack including the plurality of micro-LEDs 43/33/23, referring to FIG. 9B;
providing a pad electrode 46 in a penetration region 71 formed by etching the LED stack 43/33/23, referring to FIGS. 12B [0244];
providing a protective film 71 on surfaces of the LED stack and the pad electrode 46;
selectively removing the protective film 71 provided on the surface of the pad electrode 46; and
providing a bonding electrode 81d in the penetration region 71a, referring to FIG. 13B.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM et al. (US 2019/0214373), (hereinafter, KIM) in view of Nakahara (US 2009/0029499), (hereinafter, Nakahara).
RE Claim 3, KIM does not disclose a method, wherein in the selectively removing the protective film, the protective film, where the pad electrode is located, is selectively irradiated with a laser.
However, in a related art, Nakahara discloses a method for manufacturing a nitride semiconductor light emitting element, wherein isolation trenches/contact holes are etched using KrF laser beam irradiation, referring ton FIG. 7 [0076 and 0088].
Therefore, it would have been obvious for one of ordinary skill in the art, prior to the effective filing date of the instant application to selectively remove the protective film, the protective film, where the pad electrode is located of KIM’s disclosure, is selectively irradiated with a laser, as a well-known etching method in order to achieve high-precision, high-speed etching process with higher aspect ratio.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASSER ABDELAZIEZ whose telephone number is (571)270-5783. The examiner can normally be reached Monday - Friday 9 am - 6 pm.
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, Leonard Chang can be reached at (571)270-3691. 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.
/YASSER A ABDELAZIEZ, PhD/Primary Examiner, Art Unit 2898