Prosecution Insights
Last updated: August 15, 2026
Application No. 18/594,025

MICRO LIGHT-EMITTING DIODE (LED) STRUCTURE

Non-Final OA §102§103§112
Filed
Mar 04, 2024
Priority
Mar 02, 2023 — CN PCT/CN2023/079322
Examiner
HATFIELD, MARSHALL MU-NUO
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Jade Bird Display (shanghai) Limited
OA Round
1 (Non-Final)
94%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
87 granted / 93 resolved
+25.5% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
21 currently pending
Career history
106
Total Applications
across all art units

Statute-Specific Performance

§103
50.7%
+10.7% vs TC avg
§102
33.7%
-6.3% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 93 resolved cases

Office Action

§102 §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 of Species II, claims 1-29, 31-40 with traverse in the reply filed 07/01/2026 is acknowledged. The traversal is persuasive and the restriction requirement is withdrawn and all claims examined. 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, 18, 34-35 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. Regarding Claim 1, the preamble recites “a micro light-emitting diode structure for an array of micro LEDs”, but it is not clear if this array of micro LEDs is part of the claimed invention or if this diode structure is meant to eventually be formed as a part of another device. For purposes of examination, it will be taken that the former is true. Appropriate correction is needed. Regarding Claim 18, the limitation “a height of the bottom spacer is determined based on a diameter of the top hemisphere lens” appears to imply some characteristic of the device not apparent in the present claim language. If they are related, then the question as to how they are related must be clearly laid forth. Regarding Claims 34-35, the claims recite features of “micro pixel structures” which appear to have no antecedent basis. For purposes of examination, it will be taken that the claims refer to the micro LEDs. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al.(US 20230420434 A1, hereafter Zhang 2). Regarding Claim 1, Zhang 2 discloses: A micro light-emitting diode(LED) structure(Fig. 3d) for an array of micro LEDs, wherein the micro LED structure(Fig. 3d) comprises: a bottom epitaxial layer(Fig. 3d [60]) of a first conductive type, continuously formed across the micro LED array(Fig. 3d); a light-emitting layer(Fig. 3d [50]), formed on the bottom epitaxial layer(Fig. 3d [60]) and continuously formed across the micro LED array(Fig. 3d); a top epitaxial layer(Fig. 3d [40]) of a second conductive type(Fig. 3d [40]), wherein the top epitaxial layer(Fig. 3d [40]) is formed on the light-emitting layer(Fig. 3d [50]) and continuously formed across the micro LED array(Fig. 3d); and a first trench(Fig. 3d See figure below), formed in the top epitaxial layer(Fig. 3d [40]) and between adjacent micro LEDs(Fig. 3d See figure below). Regarding Claim 30, Zhang 2 further discloses: The top epitaxial layer(Fig. 2 [40]) comprises a plurality of photonic crystals(Fig. 3d [311], See paragraph 0010), each of the plurality of photonic crystals(Fig. 3d [311]) has a cylindrical shape or a conical shape(See Fig. 5a). PNG media_image1.png 602 523 media_image1.png Greyscale Above: Fig. 3d of Zhang 2 with trench and micro LED denoted by examiner. 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. Claim(s) 1, 4-10, 32-36, 38-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama(US 20150263229 A1, hereafter Akiyama). Regarding Claim 1, Akiyama discloses: A micro light-emitting diode(LED) structure(Fig. 1) for an array of micro LEDs, wherein the micro LED structure(Fig. 1) comprises: a bottom epitaxial layer(Fig. 1 [20]) of a first conductive type(p-type), continuously formed across the micro LED array(Fig. 1); a light-emitting layer(Fig. 1 [30]), formed on the bottom epitaxial layer(Fig. 1 [20]) and continuously formed across the micro LED array(Fig. 1); a top epitaxial layer(Fig. 1 [10], See paragraphs 0041-0042) of a second conductive type(n-type), wherein the top epitaxial layer(Fig. 1 [10]) is formed on the light-emitting layer(Fig. 1 [30]) and continuously formed across the micro LED array(Fig. 1); and a first trench(Fig. 1 [40a]), formed in the top epitaxial layer(Fig. 1 [10]) and between adjacent micro LEDs(Fig. 1 See figure below). Akiyama does not specifically teach or disclose that the bottom epitaxial layer(Fig. 1 [20]) is an epitaxial layer, saying only that it is formed on a light-emitting layer 30(See paragraph 0043). However, in light of the available methods of producing such a semiconductor layer, one of ordinary skill in the art would be presented with a limited number of ways by which to form the semiconductor layer, among them being epitaxy. Producing this device would have generated a predictable result in the formation of Akiyama’s device. Regarding Claim 4, Akiyama further discloses: A bottom of the first trench(Fig. 1 [40a]) is not lower than a bottom of the top epitaxial layer(Fig. 1 [10]). Regarding Claim 5, Akiyama further discloses: A top conductive layer(Fig. 1 [Fig. 1 [70] or [60]), formed on the top epitaxial layer(Fig. 1 [10]); A bottom conductive structure(Fig. 1 [51]), formed below the bottom epitaxial layer(Fig. 1 [20]); and A top-connected structure(Fig. 1 [60] or [70]), formed in the first trench(Fig. 1 [40a]) and between adjacent micro LEDs(Fig. 1 See figure below). Regarding Claim 6, Akiyama further discloses: The first trench(Fig. 1 [40a]) is continuously formed across the micro LED array(Fig. 1), and the top-connected structure(Fig. 1 [60]) is continuously formed in the first trench(Fig. 1 [40a]) and across the micro LED array(Fig. 1). Regarding Claim 7, Akiyama further discloses: The top-connected structure(Fig. 1 [60]) forms a closed shape around the micro LED array(Fig. 1). Regarding Claim 8, Akiyama further discloses: A top of the top-connected structure(Fig. 1 [60]) is not lower than a top of the top epitaxial layer(Fig. 1 [10]). Regarding Claim 9, Akiyama further discloses: The top-connected structure(Fig. 1 [70]) comprises a conductive material(See paragraph 0026) and forms an ohmic contact(metal-metal) with the top conductive layer(Fig. 1 [70]) Regarding Claim 10, Akiyama further discloses: The conductive material of the top-connected structure(Fig. 1 [70]) is metal(See paragraph 0026) Regarding Claim 32, Akiyama further discloses: The top epitaxial layer(Fig. 1 [10]) is interconnected between adjacent micro LEDs(Fig. 1 See figure below). Regarding Claim 33, Akiyama further discloses: The top epitaxial layer(Fig. 1 [10]) forms a continuous bottom surface across the micro LED array(Fig. 1). Regarding Claim 34, Akiyama further discloses: The light-emitting layer(Fig. 1 [30]) is interconnected between adjacent micro pixel structures(Fig. 1 See figure below) Regarding Claim 35, Akiyama further discloses: The bottom epitaxial layer(Fig. 1 [20]) is interconnected between adjacent micro pixel structures(See Fig. 1 below). Regarding Claim 36, Akiyama further discloses: The bottom epitaxial layer(Fig. 1 [20]) forms a continuous top surface across the micro LED array(Fig. 1). Regarding Claim 38, Akiyama further discloses: The first conductive type is N-type and the second conductive type is P-type; or The first conductive type is P-type and the second conductive type is N-type. Regarding Claim 39, Akiyama further discloses: The top conductive layer(Fig. 1 [60]) is transparent and comprises oxide semiconductor indium tin oxide(ITO)(See paragraph 0026). PNG media_image2.png 514 688 media_image2.png Greyscale Above: Fig. 1 of Akiyama with micro LEDs denoted by examiner. Claim(s) 2-3, is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Kim et al.(US 20110204387 A1, hereafter Kim). Regarding Claim 2, Akiyama does not teach or disclose a second trench formed in the bottom epitaxial layer and between adjacent micro LEDs wherein the second trench is continuously formed across the micro LED array. In the same field of endeavor, Kim discloses a second trench(Fig. 3A See figure below), formed in the bottom epitaxial layer(Fig. 3A [12a]) and between adjacent micro LEDs(Fig. 3A [12]), wherein the second trench is continuously formed across the micro LED array. It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Kim. One might have been motivated to place trenches in the lower epitaxial layer as to isolate the light-emitting elements from each other, preventing crosstalk between light-emitting elements. Producing this device would have generated a predictable result in a modified version of Akiyama’s device. Regarding Claim 3, Akiyama does not teach or disclose a top of the second trench is not higher than a top of the bottom epitaxial layer. In the same field of endeavor, Kim discloses a second trench(See above) wherein a top of the second trench is not higher than a top of the bottom epitaxial layer(Fig. 3A [12a]). It would have been further obvious to one of ordinary skill in the art at the time the application at hand was filed to further modify the device disclosed by Akiyama along the lines of Kim. The limitation presented in claim 3 is effectively a limitation that excludes zigzag or uneven layers wherein a top surface of the layer must be higher than a top of a trench formed inside it. This is the case in Kim’s device, wherein any trench formed in the layer Fig. 3A [12a]) would necessarily have a top not higher than a top of the bottom epitaxial layer, due to the geometry of the layer provided by Kim. Akiyama’s device generates a similar limitation, wherein any trench formed in the flat layer provided by Akiyama would similarly have a top not higher than a top of the layer. Performing this modification would have generated a predictable result in the creation of a modified version of Akiyama’s device with a trench structure in the bottom epitaxial layer. PNG media_image3.png 355 563 media_image3.png Greyscale Above: Fig. 3A of Kim with the second trench denoted by examiner. Claims 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Cho et al.(US 20240170610 A1, hereafter Cho). Regarding Claim 11, Akiyama does not teach or disclose an array of top contacts formed between the top epitaxial layer and the top conductive layer. In the same field of endeavor Cho discloses an array of top contacts(Fig. 1B [30a]) formed between the top epitaxial layer(Fig. 1B [122]) and the top conductive layer(Fig. 1B [30]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Cho. One might have been motivated to provide an array of top contacts to operate individual light-emitting device elements. Producing this modification would have generated a predictable result in the creation of a light-emitting device operable by a top contact. Regarding Claim 12, Akiyama does not teach or disclose the array of top contacts comprises a conductive material and forms an ohmic contact with the top conductive layer; and The array of top contacts is respectively located at centers of the array of micro LEDs. In the same field of endeavor, Cho discloses the array of top contacts(Fig. 1B [30a]) comprises a conductive material and forms an ohmic contact(metal-metal) with the top conductive layer(Fig. 1B [30]); and The array of top contacts(Fig. 1B [30a]) is respectively located at centers of the array of micro LEDs(Fig. 1B [12]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Cho. One might have been motivated to provide an array of top contacts to operate individual light-emitting device elements, forming it of metal with an ohmic contact in accordance with the teachings of Cho. Producing this modification would have generated a predictable result in the creation of a light-emitting device operable by a top contact. Regarding Claim 13, Akiyama does not teach or disclose the top-connected structure and the array of top contacts comprise a same conductive material. In the same field of endeavor, Cho discloses an array of top contacts(Fig. 1B [30a]) and a top-connected structure(Fig. 1B [18]) both comprising gold(See paragraphs 0025-0026). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Cho. One might have been motivated to use alternative materials to form a top-connected structure as to optimize device performance or material and manufacturing costs of the device. Performing this modification would have generated a predictable result in Akiyama’s device with an alternative material forming a top-connected structure. Claim(s) 14-16, 24-29, 37, 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Zhang et al.(US 20170069612 A1, hereafter Zhang). Regarding Claim 14, Akiyama does not teach or disclose an array of micro lenses formed above the top epitaxial layer. In the same field of endeavor, Zhang discloses an array of micro lenses(Fig. 23 [2306]) formed above a top epitaxial layer(Fig. 23 [2312]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to include a plurality of micro lenses in order to improve the image quality and light focus of the light emitted by respective light-emitting elements. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it. Regarding Claim 15, Akiyama does not teach or disclose an array of micro lenses formed on the top conductive layer, wherein gaps are formed between adjacent micro lenses to expose the top-connected structure to air. In the same field of endeavor, Zhang discloses an array of micro lenses(Fig. 23 [2306]) formed on a top conductive layer(Fig. 23 [2318]), wherein gaps are formed between adjacent micro lenses(Fig. 23 [2306]) to expose the top-connected structure(Fig. 23 [2310-4]) to air. It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to include a plurality of micro lenses in order to improve the image quality and light focus of the light emitted by respective light-emitting elements in an embodiment in accordance with the disclosure of Zhang. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it. Regarding Claim 16, Akiyama does not teach or disclose each of the micro lenses comprises a top hemisphere lens and a bottom spacer below the top hemisphere lens. In the same field of endeavor, Akiyama discloses a top hemisphere lens(Fig. 23 [2306]) and a bottom spacer(Fig. 23 [2304]) below the top hemisphere lens(Fig. 23 [2306]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to include a bottom spacer below the top hemisphere lens to better provide an optical path between an LED element and a top hemisphere lens. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it with a spacer below the top hemisphere lens. Regarding Claim 24, Akiyama does not teach or disclose an integrated circuit(IC) back plane formed below and electrically connected to the bottom conductive structure. In the same field of endeavor, Zhang discloses an IC back plane(Fig. 13A [1302]) formed below and electrically connected to a bottom conductive structure(Fig. 13 [1310]) of an LED device(Fig. 13 [1314]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to include an IC back plane in order to operate the light-emitting element. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 25, Akiyama does not teach or disclose the bottom conductive structure comprises a first dielectric layer and a first array of contact holes formed in the first dielectric layer; and The IC back plane comprises a second dielectric layer and a second array of contact holes formed in the second dielectric layer, the second array of contact holes respectively corresponding to the first array of contact holes. In the same field of endeavor Zhang discloses the bottom conductive structure(Fig. 13 [1310]) comprises a first dielectric layer(Fig. 13 [1308-2]) and a first array of contact holes(Fig. 13 See figure below) formed in the first dielectric layer(Fig. 13 [1308-2]); and The IC back plane(Fig. 13 [1302]) comprises a second dielectric layer(Fig. 13 [1308-1]) and a second array of contact holes(Fig. 13 See figure below) formed in the second dielectric layer(Fig. 13 [1308-1]), the second array of contact holes respectively corresponding to the first array of contact holes. It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to provide this plurality of contact holes and dielectric structures in order to correctly arrange the components of the IC back plane with the light-emitting elements of each LED. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 26, Akiyama does not teach or disclose each contact hole in the first array has a width greater than a width of the corresponding contact hole in the second array. In the same field of endeavor, Zhang discloses a first contact hole(Fig. 13A See figure below) that is larger than a second contact hole(Fig. 13A See figure below). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to provide one array of via holes as wider than another array as to give feature size matching between parts of the IC backplane versus the size of the light-emitting elements, as one might expect the LEDs to be substantially larger in the sizes of their active layers versus the size of a contact of a transistor of an IC circuit. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 27, Akiyama does not teach or disclose the first array of contact holes and the second array of contact holes are filled with metal. In the same field of endeavor, Zhang discloses an array of contact holes filed with conducting material(See Fig. 13A [1310]). It would have been obvious to arrive at the claimed limitation by modification of the device disclosed by Akiyama with the prior art of Zhang. While Zhang does not specifically cite the driver output electrode(Fig. 13A [1310]) as being made of metal, it is made of a conductive material which is deposited in a via hole, of which most commonly such depositions are performed with metal. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 28, Akiyama does not teach or disclose a chip circuit board formed below the second dielectric layer and the second array of contact holes. In the same field of endeavor, Zhang discloses a chip circuit board(Fig. 13A [1302]) formed below the second dielectric layer(Fig. 13A [1308-1]) and the second array of contact holes(Fig. 13A See figure below). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to provide a circuit board to operate the LED array. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 29, Akiyama does not teach or disclose the bottom conductive structure is bonded with the IC back plane. In the same field of endeavor, Zhang discloses a bottom conductive structure(Fig. 13A [1310]) bonded with the IC back plane(Fig. 13A [1302]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. One might have been motivated to provide bond the bottom conductive structure to the IC back plane to electrically connect it to respective components in the IC back plane. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. Regarding Claim 37, Akiyama does not teach or disclose the bottom epitaxial layer forms an array of inverted trapezoidal shapes or an array of bowl shapes. In the same field of endeavor, Zhang discloses a bottom epitaxial layer(Fig. 23 [2312]) as forming an array of inverted trapezoidal shapes. It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Zhang. Providing the light-emitting elements as an inverted trapezoidal shape is a regular design feature of light-emitting elements, shaped by the necessity between etching and deposition of respective layers during device formation. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a bottom epitaxial layer of a different shape. Regarding Claim 40, Akiyama does not teach or disclose the bottom conductive structure comprises an array of cylindrical contact holes filed with metal. In the same field of endeavor, Zhang discloses a bottom conductive structure(Fig. 23 [2310-2]) comprising an array of cylindrical contact holes filled with a metal material(See paragraph 0166). It would have been obvious to arrive at the claimed limitation by modification of the device disclosed by Akiyama with the prior art of Zhang. Filling a contact hole with metal to conduct components in higher and lower device layers is a standard practice in the prior art. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an operable set of light-emitting structures. PNG media_image4.png 461 1129 media_image4.png Greyscale Above: Fig. 13A of Zhang with first and second arrays of contact holes denoted by examiner. Claim(s) 14, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Xu et al.(US 20210384182 A1, hereafter Xu). Regarding Claim 14, Akiyama does not teach or disclose an array of micro lenses formed above the top epitaxial layer. In the same field of endeavor, Xu discloses an array of micro lenses(Fig. 6D [620]) formed above a top epitaxial layer(See paragraph 0206). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Xu. One might have been motivated to include a plurality of micro lenses in order to improve the image quality and light focus of the light emitted by respective light-emitting elements. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it. Regarding Claim 16, Akiyama does not teach or disclose each of the micro lenses comprises a top hemisphere lens and a bottom spacer below the top hemisphere lens. In the same field of endeavor, Xu discloses a top hemisphere lens(Fig. 6A [602]) and a bottom spacer(Fig. 6A [604]) below the top hemisphere lens(Fig. 6A [602]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Xu. One might have been motivated to include a bottom spacer below the top hemisphere lens to better provide an optical path between an LED element and a top hemisphere lens. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it with a spacer below the top hemisphere lens. Regarding Claim 17, Akiyama does not teach or disclose the width of the bottom spacer is greater than a diameter of the top hemisphere lens. In the same field of endeavor, Xu discloses a bottom spacer(Fig. 6A [604]) with a diameter greater than that of a top hemisphere lens(Fig. 6A [602]). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Xu. One might have been motivated to include a bottom spacer which is wider than a top hemisphere lens below the top hemisphere lens to better provide an optical path between an LED element and a top hemisphere lens. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of micro lenses placed above it with a spacer below the top hemisphere lens. Claim(s) 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akiyama in view of Chen et al.(US 20150137169 A1, hereafter Chen). Regarding Claim 19, Akiyama does not teach or disclose the array of micro LEDs respectively forms an array of sidewalls at a bottom surface of the bottom epitaxial layer, and wherein the micro LED structure further comprises a reflective layer covering the array of sidewalls. In the same field of endeavor Chen discloses an array of sidewalls at a bottom surface of the bottom epitaxial layer(Fig. 2 See figure below), and comprises a reflective layer(Fig. 2 See figure below) covering the array of sidewalls. It would have been obvious at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Chen. One might have been motivated to provide the sidewalls of the bottom epitaxial layer as well as the reflective layer to improve the emissivity of the light-emitting elements by reflecting incident light in the direction of a light-emitting surface. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an uneven lower epitaxial layer and a reflective layer below the bottom epitaxial layer. Regarding Claim 20, Akiyama does not teach or disclose an insulating layer formed between the array of sidewalls and the reflective layer. In the same field of endeavor Chen discloses an insulating layer(Fig. 2 [31]) formed between the array of sidewalls and the reflective layer(Fig. 2 See figure below). It would have been further obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Chen. One might have been motivated to provide such an insulating layer in order to avoid unwanted current flow between the lower epitaxial layer and the reflective layer which can be formed of conductive materials. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with an insulating layer and a reflective layer below the bottom epitaxial layer. Regarding Claim 21, Akiyama does not teach or disclose an array of bottom contacts formed at a bottom surface of the bottom epitaxial layer, wherein each of the bottom contacts is surrounded by the insulating layer and electrically connected with the bottom conductive structure. In the same field of endeavor, Chen discloses an array of bottom contacts(Fig. 2 [2]) formed at a bottom surface of the bottom epitaxial layer(Fig. 2 See figure below), wherein each of the bottom contacts(Fig. 2 [2]) is surrounded by the insulating layer(Fig. 2 [31]) and electrically connected with the bottom conductive structure(Fig. 2 [3]). It would have been further obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Chen. One might have been motivated to provide such an array of bottom contacts in order to operate the LED structures by signal flowing two or from the bottom contacts. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of bottom contacts below the bottom epitaxial layer. Regarding Claim 22, As the array of bottom contacts described by Chen comprise metal(See paragraph 0027) contacting another conductive layer(Fig. 2 [3]), one of ordinary skill in the art would be of the understanding that this connection constitutes an ohmic contact. Therefore by satisfying the limitations of claim 21, claim 22 would also be satisfied by extension. Regarding Claim 23, Akiyama does not teach or disclose an array of bottom contacts formed at a bottom surface of the bottom epitaxial layer and electrically connected with the bottom conductive structure. In the same field of endeavor, Chen discloses an array of bottom contacts(Fig. 2 [2]) formed at a bottom surface of the bottom epitaxial layer and electrically connected with the bottom conductive structure(Fig. 2 [3]). It would have been further obvious to one of ordinary skill in the art at the time the application at hand was filed to modify the device disclosed by Akiyama along the lines of Chen. One might have been motivated to provide such an array of bottom contacts in order to operate the LED structures by signal flowing two or from the bottom contacts. Performing this modification would have generated a predictable result in the creation of Akiyama’s device with a set of bottom contacts below the bottom epitaxial layer. PNG media_image5.png 427 649 media_image5.png Greyscale Above: Fig. 2 of Chen with bottom epitaxial layer and reflective layer denoted by examiner. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang 2 in view of Daanoune et al.(US 20240047505 A1, hereafter Daanoune) Regarding Claim 31, Zhang 2 discloses a plurality of photonic crystals(See rejection of claim 30 above). Zhang 2 does not teach or disclose the plurality of photonic crystals has a height of 300 nm and a diameter of 266 nm, and adjacent photonic crystals are spaced by a distance of 50 nm. In the same field of endeavor, Daanoune discloses a photonic crystal with a height between 300 and 350 nm, a pitch of 300 nm and a diameter of 240 nm, which implies a spacing of 60 nm(See paragraphs 0094, 0100). It would have been obvious to one of ordinary skill in the art at the time the application at hand was filed to produce Zhang 2’s device with the dimensions provided by Daanoune. When producing Zhang 2’s device, one would be presented with a need to find ideal dimensions by which to produce a photonic crystal, which gives rise to a need for the disclosure provided by Daanoune. As Daanoune’s dimensions only differ from the claimed values slightly, one of ordinary skill in the art would have arrived at said dimensions through routine experimentation, generating a predictable result in the creation of Zhang 2’s device. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kim et al.(US 20100230701 A1) discloses a light emitting device with a trench in a top epitaxial layer. Wakai et al.(US 20160329465 A1) disclose a light emitting device with a trench in a top epitaxial layer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARSHALL MU-NUO HATFIELD whose telephone number is (703)756-1506. The examiner can normally be reached Mon-Thus 11:00 AM-9:00PM 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, Fernando Toledo can be reached at 571-272-1867. 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. /FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897 /MARSHALL MU-NUO HATFIELD/Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Mar 04, 2024
Application Filed
Aug 06, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12696542
DISPLAY PANEL
4y 1m to grant Granted Jul 28, 2026
Patent 12696732
SEMICONDUCTOR DEVICE, METHOD OF TESTING THE SAME, AND METHOD OF DESIGNING THE SAME
4y 0m to grant Granted Jul 28, 2026
Patent 12690264
PJ JUNCTION DEVICE STRUCTURE IN SEMICONDUCTOR DEVICE WITH BACK SIDE POWER DELIVERY NETWORK (BSPDN) STRUCTURE
4y 2m to grant Granted Jul 21, 2026
Patent 12679719
MEMS STRUCTURE
3y 11m to grant Granted Jul 14, 2026
Patent 12672538
METHOD FOR MANUFACTURING SEMICONDUCTOR DEVICE HAVING FUSE COMPONENT
3y 12m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
94%
Grant Probability
99%
With Interview (+5.7%)
3y 4m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 93 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month