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.
Claims 1-24 and 53-59 are 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 1 recites “a substrate” in line 1, then recites “a substrate” in line 3, and then recites “a system substrate” in the last line. It is unclear different or same substrates are intended to be claimed. For the purpose of compact prosecution, the claimed “a substrate” in line 1 is same as the claimed “a system substrate” in last line. If it is the case, please change “a substrate” in line 1 to “a system substrate” and change “a system substrate” in last line to “the system substrate”.
Claim 1 recites “microdevices” in line 1, then recites “a microdevice” in line 3. It is unclear if the claimed “a microdevice” is a part of the claimed “microdevices” in line 1. For the purpose of compact prosecution, the examiner assumes the claimed microdevice belongs to the microdevices previously defined in the claim.
Claims 2-24 and 53-59 are rejected since they inherit the deficiencies from claim 1 which they are dependent from.
Claim 53 recites “the devices are formed on the substrate”. There is insufficient antecedent basis for this limitation “the devices” in the claim. Only microdevices are previously defined.
Claim 55 recites “the top or bottom surface of the device is etched back …”. There is insufficient antecedent basis for this limitation “the devices” in the claim.
Claim 58 recites “…leaves some of the device materials…”. There is insufficient antecedent basis for this limitation “the device material” in the claim.
Claims 54-59 are rejected since they inherit the deficiencies from claim 53 which they are dependent from.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-12 and 53-54 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bhat (U.S. Patent Application Publication No. 2010/0109025).
Regarding to claim 1, Bhat teaches a method of developing microdevices with an optical structure on a substrate, the method comprising:
holding a microdevice on top of a substrate wherein the microdevice has a top side, a bottom side and side walls that are different from the bottom side and the top side and the top side faces away from the substrate (Fig. 1, microdevice 10 is held on substate 12, the claimed “top side” is the bottom side of the microdevice shown in the figures);
forming optical layers on the top side of microdevices (Fig. 4, element 28; [0034], lines 4-8);
forming a passivation layer on top of optical layers (Fig. 6, element 34); and
transferring microdevices and the optical layers into a system substrate (Figs. 8-9, element 66; [0044], lines 1-3, last 3 lines).
Regarding to claim 2, Bhat teaches a protection layer is deposited on the sidewalls and at least part of the bottom side of the microdevices (Fig. 3, element 20).
Regarding to claim 3, Bhat teaches a first layer is covering an interface between microdevice and the protection layer (Figs. 3, bonding layer between layer 12 and 16 covering interface between microdevice and the protection layer).
Regarding to claim 4, Bhat teaches a second layer is covering a part of an interface between the optical layers and the microdevices (Fig. 7, element 40, layer 40 covers both optical layer 28 and the microdevice 10, thus it is covering a part of an interface between the optical layers and the microdevices).
Regarding to claim 5, Bhat teaches the substrate is either a donor substrate or a temporary substrate ([0044, line 3, substrate 12 is a temporary substrate and will be sawed).
Regarding to claim 6, Bhat teaches the first layer is a polymer ([0029], lines 3-5).
Regarding to claim 7, Bhat teaches the second layer is either another passivation layer, an anchor layer, a bridge layer, or a separate optical layer ([0041], lines 3-5, the second layer is a separate optical layer, which is a lens).
Regarding to claim 8, Bhat teaches the optical layers include color conversion layers ([0034], lines 4-5, phosphor layer is color conversion layer).
Regarding to claim 9, Bhat teaches the optical layers include color filter layers ([0034], lines 4-5, phosphor is color filter layer because only certain desired color pass through).
Regarding to claim 10, Bhat teaches the optical layers comprise a lens structure ([0034], line 4).
Regarding to claim 11, Bhat teaches the optical layers are a combination of color conversion layers and a lens structure ([0034], lines 4-5, lens 28 contains phosphor, which is color conversion layer).
Regarding to claim 12, Bhat teaches the optical layers comprise of different optical layers formed by patterning (Fig. 4).
Regarding to claim 53, Bhat teaches the devices are formed on the substrate (Fig. 1).
Regarding to claim 54, Bhat teaches sidewalls of the microdevices are covered with different housing layers comprising dielectrics and or reflective layers (Fig. 3, layers 20 on sidewall of the microdevices are dielectric).
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, 5, 8-21, 23-24, 53-59 are rejected under 35 U.S.C. 103 as being unpatentable over Bower et al. (U.S. Patent No. 10,395,966) in view of Tischler (U.S. Patent No. 8,907,362).
Regarding to claim 1, Bower teaches a method of developing microdevices with an optical structure on a substrate, the method comprising:
holding a microdevice on top of a substrate wherein the microdevice has a top side, a bottom side and side walls that are different from the bottom side and the top side and the top side faces away from the substrate (Fig. 1B, microdevice 22 on substrate 10);
forming layers on the top side of microdevices (Fig. 1C);
forming a passivation layer on top of optical layers (Fig. 1D); and
transferring microdevices and the optical layers into a system substrate (Figs. 1I-J).
Bower does not explicitly disclose the layer is optical layer.
Tischler discloses forming optical layers on the top side of microdevices (Figs. 12A-D, element 230, column 34, line 25-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Bower in view of Tischler to configure the layer to be optical layer in order to make the system useful for more applications.
Regarding to claim 5, Bower discloses the substrate is either a donor substrate or a temporary substrate (Figs. 1E-F, the substrate 10 is a temporary substrate).
Regarding to claim 8, Bower as modified discloses the optical layers include color conversion layers (Tischler, column 34, line 25-26).
Regarding to claim 9, Bower as modified discloses the optical layers include color filter layers (Tischler, column 34, line 25-26, phosphor allows certain color passing through).
Regarding to claim 10, Bower as modified discloses the optical layers comprise a lens structure (Tischler, Fig. 12).
Regarding to claim 11, Bower as modified discloses the optical layers are a combination of color conversion layers and a lens structure (Tischler, Fig. 12, column 34, line 25-26).
Regarding to claim 12, Bower as modified discloses the optical layers comprise of different optical layers formed by patterning (Tischler, Fig. 10C).
Regarding to claim 13, Bower discloses the passivation layer also includes an anchor layer (Fig. 1H).
Regarding to claim 14, Bower discloses the anchor layer 1s patterned outside the microdevices (Fig. 1H).
Regarding to claim 15, Bower discloses a release layer is formed and is patterned and aligned with the optical layers and the microdevices (Fig. 1C, element 30).
Regarding to claim 16, Bower as modified discloses the release layer is further patterned to fit the optical layers (Fig. 1C).
Regarding to claim 17, Tischler discloses the microdevices are etched back to create a housing structure for at least a part of the optical layers wherein the part of the optical layers is formed inside the housing structure (Figs. 24A-C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Bower in view of Tischler to etch back the microdevices to create a housing structure for at least a part of the optical layers wherein the part of the optical layers is formed inside the housing structure in order to reduce system weight.
Regarding to claim 18, Bower as modified discloses additional layers are formed on top of the optical layers, and a second substrate is bonded to a top surface using a bonding layer (Tischler, Fig. 47A).
Regarding to claim 19, Bower as modified discloses the bonding layer is either an adhesive or a polymer (Tischler, column 59, lines 43-47).
Regarding to claim 20, Bower as modified discloses the substrate is a temporary substrate that is removed along with the first layer exposing an original bottom surface of the microdevices (Fig. 1G).
Regarding to claim 21, Bower as modified discloses the protection layer is removed or patterned (Fig. 1I).
Regarding to claim 23, Bower discloses the second layer or the passivation layer is patterned to form anchors, bridges, or membrane (Fig. 1F to Fig. 1G, the passivation layer is patterned to form anchors).
Regarding to claim 24, Bower discloses the second layer or the passivation layer or the bonding layer is a temporary adhesive that releases the microdevices under different conditions wherein further the release layer is removed (Fig. 1F to Fig. 1G, the passivation layer is a temporary adhesive that releases the microdevices under different conditions wherein further the release layer is removed).
Regarding to claim 53, Bower discloses the devices are formed on the substrate (Fig. 1B).
Regarding to claim 54, Bower discloses sidewalls of the microdevices are covered with different housing layers comprising dielectrics and or reflective layers (Fig. 1D).
Regarding to claim 55, Bower discloses the top or bottom surface of the device is etched back to expose side walls forming a housing cavity on top or bottom surface (Fig. 1G, column 16, lines 6-8).
Regarding to claim 56, Bower as modified discloses an optical layer is formed on the top or bottom surface and at least a part of the optical layer is inside the housing cavity formed by the housing layers (Fig. 1G, as being modified, at least a part of the optical layer is inside the housing cavity formed by the housing layers).
Regarding to claim 57, Bower as modified discloses there are other layers before or after the optical layer (Fig. 1E).
Regarding to claim 58, Bower as modified discloses the etch back process includes patterning and leaves some of the device materials on the side walls and only etch back an inner part of top or bottom surfaces (Fig. 1G).
Regarding to claim 59, Bower discloses the etch back process is done by a wet etching or a dry etching process (column 16, lines 6-8) and the housing layers are formed by different deposition processes such as PECVD, ALD, spin coating and printing (column 14, lines 15-17).
Allowable Subject Matter
Claim 22 is 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:
Regarding to claim 22, the prior art fails to anticipate or render obvious the claimed limitations including “part of the protection layer covers part of the microdevice, and a remaining part is reflective” in combination with the limitations recited in claims 1, 15-16, 18, and 20.
Pertinent Art
For the benefits of the Applicant, US-7244628-B2, US-11145794-B2, US-9123871-B1, US-9472729-B2, US-8629475-B2, US-7563625-B2, US-20190280050-A1 US-11205677-B2, US-8934259-B2, and US-9217541-B2, are cited on the record as being pertinent to significant disclosure through some but not all claimed features of the defined invention. These references fail to disclose the combination of limitations including “forming optical layers on the top side of microdevices; forming a passivation layer on top of optical layers; and transferring microdevices and the optical layers into a system substrate.”
Conclusion
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/VU A VU/Primary Examiner, Art Unit 2897