DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The Office acknowledges the applicant’s 5/19/2026 submission to: 1. Amend the Specification. 2. Amend the Abstract.
Claim Objections
The objection of Claim 19 of the last Office action is withdrawn. Claim 19 has been amended to overcome its objection.
Claim Rejections - 35 USC § 112
The rejection of Claims 1, 3, 6, 8-11, 13, 16 and 18-20 under 35 U.S.C. 112(b), second paragraph is withdrawn. Claims 1, 6, 10, 11, 16 and 19-20 have been amended to overcome the rejections.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 8-9; 11 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8-9; 10 and 18-19 of U.S. Patent No. 12,027,651 B2 in view of U.S. Patent Application Publication US 2009/0191659 A1 and U.S. Patent Application Publication 2015/0311405 A1 and U.S. Patent Application Publication 2022/0359795 A1.
U.S. Patent Application Publication US 2009/0191659 A1 addresses the substantially transparent substrate thickness deficiency of instant claims 1; and 11; U.S. Patent Application Publication 2015/0311405 A1 addresses the wavelength-converting layer sidewall coating deficiencies of claims 1; and 11; and U.S. Patent Application Publication 2022/0359795 A1 addresses the nonzero thickness of the inorganic coating medium of claims 1; and 11.
Instant Claim(s) 1, 8-9; 11 and 18
Patented Claim(s) 1, 8-9; 10 and 18-19
1. A wavelength-converted light-emitting device comprising:
(a) a substrate that is substantially transparent, the substrate having opposite first and second substrate surfaces and sidewalls connecting the first and second substrate surfaces, a nonzero thickness of the substrate being less than 60 µm;
(b) a semiconductor diode structure on the first substrate surface, including a light-emitting active region within the semiconductor diode structure that is arranged so as to emit first output light in a first output wavelength range, at least a portion of the first output light entering the substrate through the first substrate surface; and
(c) a wavelength-converting layer on the second substrate surface and the substrate sidewalls, the wavelength-converting layer comprising a multitude of luminescent particles that are bound together or to the substrate by a transparent inorganic coating medium substantially index-matched with the substrate, a nonzero D50 characterizing the luminescent particles being less than 20 µm, a nonzero thickness of the inorganic coating medium on the luminescent particles being less than 700 nm, a nonzero thickness of the wavelength-converting layer being less than 50 µm, the luminescent particles absorbing incident first output light exiting the substrate and emitting second output light in a second output wavelength range that differs from the first output wavelength range.
1. A wavelength-converted light-emitting device comprising:
a transparent substrate having opposite first and second surfaces and sidewalls connecting the first and second surfaces;
a semiconductor diode structure on the first surface of the substrate, including one or more light-emitting active layers that are arranged so as to emit first output light in a first output wavelength range, at least a portion of the first output light entering the substrate through the first substrate surface;
a wavelength-converting layer on the second surface of the substrate and having a nonzero thickness less than about 50. microns, the wavelength converting layer comprising a multitude of luminescent particles characterized by a nonzero D50 less than about 20. microns embedded in a transparent inorganic medium substantially index-matched with the substrate, at least some of the luminescent particles being embedded entirely within the inorganic medium, the luminescent particles absorbing incident first output light exiting the substrate and emitting second output light in a second output wavelength range that differs from the first output wavelength range;
an optical sidewall coating arranged so as to obstruct lateral propagation of first or second output light exiting the substrate through the sidewalls; an optical sidewall structure that is interposed between at least a portion of the substrate sidewalls and the optical sidewall coating and arranged so as to redirect at least a portion of first or second output light exiting the substrate through the sidewalls to propagate toward or within the wavelength-converting layer; and
an adhering layer interposed between the second substrate surface and the wavelength-converting layer, the optical sidewall structure and the adhering layer forming a single, continuous structure, and being in direct contact with the second surface and the sidewalls of the substrate, respectively, the adhering layer and the optical sidewall structure comprising a multitude of transparent inorganic particles characterized by a nonzero D50 less than about 1.0 μm embedded in a transparent inorganic adhering medium substantially index-matched to the substrate.
8. The device of claim 1, the substrate and the inorganic coating medium having substantially the same chemical composition.
8. The device of claim 1, the substrate and the inorganic medium having substantially the same chemical composition.
9. The device of claim 1, the substrate comprising sapphire and the inorganic coating medium comprising aluminum oxide.
9. The device of claim 8, the substrate comprising sapphire and the inorganic medium comprising aluminum oxide.
11. A method for making a wavelength-converted light-emitting device, the method comprising:
(A) forming a semiconductor diode structure on a first substrate surface of a substrate that is substantially transparent, the substrate having opposite first and second substrate surfaces and substrate sidewalls connecting the first and second substrate surfaces, a nonzero thickness of the substrate being less than 60 µm, the semiconductor diode structure including a light-emitting active region within the semiconductor diode structure that is arranged so as to emit first output light in a first output wavelength range, at least a portion of the first output light entering the substrate through the first substrate surface; and
(B) forming on the second substrate surface and the substrate sidewalls a wavelength-converting layer, the wavelength-converting layer comprising a multitude of luminescent particles that are bound together or to the substrate by a transparent inorganic coating medium substantially index-matched with the substrate, a nonzero D50 characterizing the luminescent particles being less than 20 µm, a nonzero thickness of the inorganic coating medium on the luminescent particles being less than 700 nm, a nonzero thickness of the wavelength converting layer being less than 50 µm, the luminescent particles absorbing incident first output light exiting the substrate and emitting second output light in a second output wavelength range that differs from the first output wavelength range.
10. A method for making a wavelength-converted light-emitting device, the method comprising:
forming a semiconductor diode structure on a first surface of a substantially transparent substrate having opposite first and second surfaces and sidewalls connecting the first and second surfaces, the semiconductor diode structure including one or more light-emitting active layers within the semiconductor diode structure that are arranged so as to emit first output light in a first output wavelength range, at least a portion of the first output light entering the substrate through the first substrate surface;
forming (i) an adhering layer on the second substrate surface and (ii) an optical sidewall structure on at least a portion of the substrate sidewalls, the optical sidewall structure and the adhering layer forming a single, continuous structure, and being in direct contact with the second surface and the sidewalls of the substrate, respectively, the adhering layer and the optical sidewall structure comprising a multitude of transparent inorganic particles characterized by a nonzero D50 less than about 1.0 μm embedded in a transparent inorganic adhering medium substantially index-matched to the substrate, the optical sidewall structure being arranged so as to redirect at least a portion of first or second output light exiting the substrate through the sidewalls to propagate toward or within the wavelength-converting layer; and
forming a wavelength-converting layer on, or adhering the wavelength converting layer to, the adhering layer, the wavelength-converting layer having a nonzero thickness less than about 50. microns and comprising a multitude of luminescent particles characterized by a nonzero D50 less than about 20. microns embedded in a substantially transparent inorganic medium substantially index-matched with the substrate, at least some of the luminescent particles being embedded entirely within the inorganic medium, the luminescent particles absorbing incident first output light exiting the substrate and emitting second output light in a second output wavelength range that differs from the first output wavelength range.
18. The method of claim 11, (i) the substrate and the inorganic coating medium having substantially the same chemical composition, or (ii) the substrate comprising sapphire and the inorganic coating medium comprising aluminum oxide.
18. The method of claim 10, the substrate and the inorganic medium having substantially the same chemical composition.
19. The method of claim 18, the substrate comprising sapphire and the inorganic medium comprising aluminum oxide.
A. Patented claim 1 fails to disclose a nonzero thickness of the substrate being less than 60 µm; a wavelength-converting layer on the second substrate surface and the substrate sidewalls; and a nonzero thickness of the inorganic coating medium on the luminescent particles being less than 700 nm.
However,
A. U.S. Patent Application 2009/0191659 A1 discloses in FIG. 3 a nonzero thickness of a substantially transparent substrate (single crystal aluminum oxide (i.e. sapphire) 320; [0013]; [0016]-[0017] and [0092]) being less than 60 µm (less than 20 micro meters; [0016]).
B. U.S. Patent Application Publication 2015/0311405 A1 discloses in FIG. 2 a wavelength-converting layer (phosphor member 11; [0053]) on a second surface (upper plane) and sidewalls (left/right vertical planes) of a substrate (sapphire 13; [0053]).
C. U.S. Patent Application 2022/0359795 A1 discloses in FIG. 7C a nonzero thickness of an inorganic coating medium (Al2O3 22; [0077]) on luminescent particles (phosphor particles 21; [0077]) being less than 700 nm (around 500 nm; [0077]).
Thus, it would have been obvious to modify patented claim 1 with the teachings of U.S. Patent Application 2009/0191659 A1 to provide a nonzero thickness of the substrate being less than 60 µm for improving transparency of the substrate, to improve crystallinity or electrical characteristics of the semiconductor diode structure ([0093]), and facilitating increased heat dissipation from the light emitting structure ([0005]);
to further modify patented claim 1 with the teachings of U.S. Patent Application Publication 2015/0311405 A1 to provide wavelength conversion of light emitted from multiple surfaces of a substrate for a more uniform emitted color pattern ([0010] and [0054]); and
to even further modify patented claim 1 with the teachings of U.S. Patent Application 2022/0359795 A1 to provide a nonzero thickness of an inorganic coating medium on luminescent particles being less than 700 nm for forming a stable wavelength-converting layer capable of light scattering which in turn enables beneficially directed (collimated) light emitted from the wavelength-converting layer ([0077]).
B. Patented claim 10 fails to disclose a nonzero thickness of the substrate being less than 60 µm; forming on the second substrate surface and the substrate sidewalls a wavelength-converting layer; and a nonzero thickness of the inorganic coating medium on the luminescent particles being less than 700 nm.
However,
A. U.S. Patent Application 2009/0191659 A1 discloses in FIG. 3 forming a nonzero thickness of a substantially transparent substrate (single crystal aluminum oxide (i.e. sapphire) 320; [0013]; [0016]-[0017] and [0092]) being less than 60 µm (less than 20 micro meters; [0016]).
B. U.S. Patent Application Publication 2015/0311405 A1 discloses in FIG. 2 forming a wavelength-converting layer (phosphor member 11; [0053]) on a second surface (upper plane) and sidewalls (left/right vertical planes) of a substrate (sapphire 13; [0053]).
C. U.S. Patent Application 2022/0359795 A1 discloses in FIG. 7C forming a nonzero thickness of an inorganic coating medium (Al2O3 22; [0077]) on luminescent particles (phosphor particles 21; [0077]) being less than 700 nm (around 500 nm; [0077]).
Thus, it would have been obvious to modify patented claim 10 with the teachings of U.S. Patent Application 2009/0191659 A1 to provide a nonzero thickness of the substrate being less than 60 µm for improving transparency of the substrate, to improve crystallinity or electrical characteristics of the semiconductor diode structure ([0093]), and facilitating increased heat dissipation from the light emitting structure ([0005]);
to further modify patented claim 10 with the teachings of U.S. Patent Application Publication 2015/0311405 A1 to provide wavelength conversion of light emitted from multiple surfaces of a substrate for a more uniform emitted color pattern ([0010] and [0054]), and
to even further modify patented claim 10 with the teachings of U.S. Patent Application 2022/0359795 A1 to provide a nonzero thickness of an inorganic coating medium on luminescent particles being less than 700 nm for forming a stable wavelength-converting layer capable of light scattering which in turn enables beneficially directed (collimated) light emitted from the wavelength-converting layer ([0077]).
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 1-10; and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over LOPEZ (US 2022/0216378 A1-IDS prior of record, hereafter Lopez) in view of SONG (US 2009/0191659 A1-of record, hereafter Song).
Re claim 1, Lopez discloses in FIG. 2B (with references to FIGS. 1 and 2A) a wavelength-converted light-emitting device (100) comprising:
(a) a substrate (sapphire 114; [0025]-[0026]) that is substantially transparent ([0025]-[0026]) having opposite first (bottom) and second (top) substrate surfaces (horizontal planes) and substrate sidewalls (left/right vertical planes) connecting the first (bottom) and second (top) substrate surfaces (horizontal planes);
(b) a semiconductor diode structure (112; [0007]; [0020] and [0025]) on the first substrate surface (bottom horizontal plane), including a light-emitting active region ([0007]; [0020] and [0025]) within the semiconductor diode (112) structure that is arranged so as to emit first output light in a first output wavelength range (e.g. blue; [0007]; [0020] and [0025]), at least a portion of the first output light ([0007]; [0020] and [0025]) entering the substrate (114) through the first substrate surface (bottom horizontal plane); and
(c) a wavelength-converting layer (116; [0025]) on the second substrate surface (top horizontal plane) and the substrate sidewalls (left/right vertical planes), the wavelength-converting layer (116) comprising a multitude of luminescent particles (116a; [0025]) that are bound together ([0026]) or to the substrate ([0026]) by a transparent inorganic coating medium (116b; [0026]) substantially index-matched ([0026]) with the substrate (114), a nonzero D50 characterizing the luminescent particles (116a) being less than 20 µm ([0025]), a nonzero thickness of the inorganic coating medium (116b) on the luminescent particles (116a) being less than 700 nm (0.20-0.70 microns; [0026]), a nonzero thickness of the wavelength-converting layer (116) being less than 50 µm ([0025]), the luminescent particles (116a) absorbing incident first output light (blue; [0025]) exiting the substrate (114) and emitting second output light in a second output wavelength range (yellow or red; [0025]) that differs from the first output wavelength range (blue).
Lopez fails to disclose a nonzero thickness of the substrate (114) being less than 60 µm.
However,
Song discloses in FIG. 3 a light-emitting device comprising: a 20 micron or less ([0016]) substantially transparent substrate (single crystal aluminum oxide (i.e. sapphire) 320; [0013]; [0016]-[0017] and [0092]); and a light emitting structure (330; [0092]) on a first surface (top horizontal plane) of the aluminum oxide substrate (320).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the structure of Lopez by using the thickness of the single crystal aluminum oxide (i.e. sapphire) substrate of Song for the substantially transparent substrate of Lopez, such that the substantially transparent substrate has a nonzero thickness being less than 60 µm, improving transparency of the substrate, to improve crystallinity or electrical characteristics of the semiconductor diode structure (Song; [0093]), and facilitating increased heat dissipation from the light emitting structure (Song; [0005]).
Re claim 2, Lopez discloses the device of claim 1,
But, fails to disclose the semiconductor diode structure (112) including one or more III-nitride semiconductor materials or mixtures or alloys thereof.
However, Lopez discloses UV emitting diodes based on III-V semiconductor materials ([0020]), and Song discloses III-V nitride-based light emitting devices.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use teachings of Lopez and Song to produce III-V nitride-based UV diodes, in addition to the blue diodes disclosed by Lopez, using the substantially transparent substrate discussed for claim 1.
Re claim 3, Lopez and Song disclose the device of claim 1, the nonzero thickness of the substrate being less than 50 µm (Song: 20 microns or less), as part of the substrate discussed for claim 1.
Re claim 4, Lopez discloses the device of claim 1, the nonzero thickness of the wavelength-converting layer (116) being less than 30 µm (10-50 microns; [0025]).
Re claim 5, Lopez discloses the device of claim 1, the nonzero D50 characterizing the luminescent particles (116a) being less than 10 µm (1-20 microns; [0025]).
Re claim 6, Lopez discloses the device of claim 1, the nonzero thickness of the inorganic coating medium (116b) on each luminescent particle (116a) being less than 400 nm (0.20-0.70 microns; [0026]).
Re claim 7, Lopez discloses the device of claim 1, the wavelength-converting layer (116) including a multitude of voids ([0026]) that result in optical scattering of light propagating ([0026]) within the wavelength-converting layer (116).
Re claims 8-9, Lopez discloses the device of claim 1, the substrate (114) and the inorganic coating medium (116) having substantially the same chemical composition (aluminum oxide; [0026]); and the substrate (114) comprising sapphire ([0026]) and the inorganic coating medium (116) comprising aluminum oxide ([0026]).
Re claim 10, Lopez discloses the device of claim 1 further comprising an optical side coating (120; [0028]) positioned against (on) the wavelength-converting layer (116) opposite (facing) at least one of the substrate sidewalls (left/right vertical planes).
Re claim 11, Lopez discloses in FIG. 2B (with references to FIGS. 1 and 2A) a method for making a wavelength-converted light-emitting device, the method comprising:
(A) forming a semiconductor diode structure (112; [0007]; [0020] and [0025]) on a first substrate surface (bottom horizontal plane) of a substrate (sapphire 114; [0025]-[0026]) that is substantially transparent ([0025]-[0026]), the substrate (114) having opposite first (bottom) and second (top) substrate surfaces (horizontal planes) and substrate sidewalls (left/right vertical planes) connecting the first (bottom) and second (top) substrate surfaces (horizontal planes), the semiconductor diode structure (112) including a light-emitting active region ([0007]; [0020] and [0025]) within the semiconductor diode (112) structure that is arranged so as to emit first output light in a first output wavelength range (e.g. blue; [0007]; [0020] and [0025]), at least a portion of the first output light ([0007]; [0020] and [0025]) entering the substrate (114) through the first surface (bottom horizontal plane) substrate; and
(B) forming on the second substrate surface (top horizontal plane) and the substrate sidewalls (left/right vertical planes) a wavelength-converting layer (116; [0025]), the wavelength-converting layer (116) comprising a multitude of luminescent particles (116a; [0025]) that are bound together ([0026]) or to the substrate ([0026]) by a transparent inorganic coating medium (116b; [0026]) substantially index-matched ([0026]) with the substrate (114), a nonzero D50 characterizing the luminescent particles (116a) being less than 20 µm ([0025]), a nonzero thickness of the inorganic coating medium (116b) on the luminescent particles (116a) being less than 700 nm (0.20-0.70 microns; [0026]), a nonzero thickness of the wavelength-converting layer (116) being less than 50 µm ([0025]), the luminescent particles (116a) absorbing incident first output light (blue; [0025]) exiting the substrate (114) and emitting second output light in a second output wavelength range (yellow or red; [0025]) that differs from the first output wavelength range (blue).
Lopez fails to disclose a nonzero thickness of the substrate (114) being less than 60 µm.
However,
Song discloses in FIG. 3 a method of light-emitting device comprising: forming a 20 micron or less ([0016]) substantially transparent substrate (single crystal aluminum oxide (i.e. sapphire) 320; [0013]; [0016]-[0017] and [0092]); and forming a light emitting structure (330; [0092]) on a first surface (top horizontal plane) of the aluminum oxide substrate (320).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Lopez by using the thickness of the single crystal aluminum oxide (i.e. sapphire) substrate of Song for the substantially transparent substrate of Lopez, such that the substantially transparent substrate has a nonzero thickness being less than 60 µm, improving transparency of the substrate, to improve crystallinity or electrical characteristics of the semiconductor diode structure (Song; [0093]), and facilitating increased heat dissipation from the light emitting structure (Song; [0005]).
Re claim 12, Lopez and Song disclose the method of claim 11, the semiconductor diode structure including one or more III-nitride semiconductor materials or mixtures or alloys thereof (see claim 2).
Re claim 13, Lopez and Song disclose the method of claim 11, the nonzero thickness of the substrate being less than 50 µm (see claim 3).
Re claim 14, Lopez discloses the method of claim 11, the nonzero thickness of the wavelength-converting layer being less than 30 µm (see claim 4).
Re claim 15, Lopez discloses the method of claim 11, the nonzero D50 characterizing the luminescent particles being less than 10 µm (see claim 5).
Re claim 16, Lopez discloses the method of claim 11, the nonzero thickness of the inorganic coating medium on each luminescent particle being less than 400 nm (see claim 6).
Re claim 17, Lopez discloses the method of claim 11, the wavelength-converting layer including a multitude of voids that result in optical scattering of light propagating within the wavelength-converting layer (see claim 7).
Re claim 18, Lopez discloses the method of claim 11, (i) the substrate and the inorganic coating medium having substantially the same chemical composition (see claim 8), or (ii) the substrate comprising sapphire and the inorganic coating medium comprising aluminum oxide (see claim 9).
Re claim 19, Lopez discloses the method of claim 11, the wavelength-converting layer (116) being formed (FIG. 2A) by first depositing a layer ([0026]) of the luminescent particles (116a) onto the second substrate surface (top horizontal plane) and the substrate sidewalls (left/right vertical planes), and then forming the inorganic coating medium (116b) using an atomic layer deposition (ALD) sequence ([0026]).
Re claim 20, Lopez discloses the method of claim 11 further comprising forming an optical side coating positioned against the wavelength-converting layer opposite at least one of the substrate sidewalls (see claim 10).
Response to Arguments
Applicant's arguments filed 5/19/2026 have been fully considered but they are not persuasive for the following reasons:
A. Firstly, for each of claims 1; and 11, the applicant argues that using the thinner substrate of Song would destroy the operating principle(s) of Lopez, and further that one of ordinary skill in the art would not consider using a thinner substrate with the structure of Lopez.
The examiner, respectfully, disagrees and points out that the instant application ([0020]) and Lopez ([0024]) both seek to reduce the area of its sidewalls and correspondingly reduce lateral emission from the sidewalls, and to reduce size needed of the optical sidewall coating. The explicit difference in the two approaches is the instant application relies on a substrate with a specific thickness range. There is no teaching, implicit or explicit, of Lopez that specifies a thickness range for its substrate, which could be interpreted to mean that the thickness of the substrate is not limited.
Therefore, the examiner has identified Song as disclosing the use of thin transparent substrates in conjunction with the formation of semiconductor diode structures, where the thinner transparent substrates serve to provide a nonzero thickness of the substrate being less than 60 µm for improving transparency of the substrate, to improve crystallinity or electrical characteristics of the semiconductor diode structure ([0093]), and facilitating increased heat dissipation from the light emitting structure ([0005]) as discussed for claims 1; and 11. Thus, the examiner concludes one of ordinary skill in the art would consider the use of the thin transparent substrates of Song for wavelength-converted light-emitting devices citing the above improvements provided by thinner transparent substrates. Thus, the rejections of claims 1; and 11 are maintained.
B. With respect to the Double Patterning rejection(s) presented above, the rebuttals for Lopez and Song are applicable for those rejections, as well. And thusly, those rejections are maintained, as well.
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 ERIC W JONES whose telephone number is (408) 918-9765. The examiner can normally be reached M-F 7:00 AM - 6:00 PM PT.
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/ERIC W JONES/Primary Examiner, Art Unit 2892
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