Prosecution Insights
Last updated: August 15, 2026
Application No. 18/594,034

MICRO LIGHT-EMITTING DIODE (LED) STRUCTURE

Non-Final OA §102§103
Filed
Mar 04, 2024
Priority
Mar 02, 2023 — CN PCT/CN2023/079320
Examiner
BEARDSLEY, JONAS TYLER
Art Unit
4100
Tech Center
4100
Assignee
Jade Bird Display (shanghai) Limited
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
170 granted / 283 resolved
At TC average
Strong +30% interview lift
Without
With
+30.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
35 currently pending
Career history
327
Total Applications
across all art units

Statute-Specific Performance

§103
45.9%
+5.9% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
20.9%
-19.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 283 resolved cases

Office Action

§102 §103
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 § 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. (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, 5-6, 8-9, 12-18, 27-28 and 38-41 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHEN (US 20230033031). Regarding claim 1, CHEN discloses a micro light-emitting diode (LED) structure, comprising: a bottom epitaxial layer (113 is part of epitaxial structure 11, see fig 2C, para 32) of a first conductive type (N-type, see para 32); a light-emitting layer (fig 2C, 112, para 32), formed on the bottom epitaxial layer; and a top epitaxial layer (fig 2C, 111, para 32) of a second conductive type (111 can be p-type, see para 32), formed on the light-emitting layer; wherein the top epitaxial layer comprises an array of first grooves dividing the micro LED structure into an array of micro LEDs (the grooves between 114 that separate the individual cells, see fig 2C). Regarding claim 5, CHEN discloses the micro LED structure according to claim 1, wherein a bottom of the array of first grooves is higher than a bottom of the top epitaxial layer (the bottom of the grooves between 114 is higher than the top of 112, see fig 2C). Regarding claim 6, CHEN discloses the micro LED structure according to claim 1, wherein the bottom epitaxial layer comprises an array of second grooves (the trenches between the projections 11a, see fig 2C). Regarding claim 8, CHEN discloses the micro LED structure according to claim 6, further comprising: a top-connected structure disposed in the array of the first grooves (the structure comprising 12 and 171 which is disposed in and connected to the grooves between 114, see fig 2C, para 33 and 35), wherein the array of the second grooves is at positions respectively corresponding to the array of first grooves (grooves between 114 and 11a are aligned, see fig 2C). Regarding claim 9, CHEN discloses the micro LED structure according to claim 6, further comprising: an array of bottom contacts formed at a bottom surface of the bottom epitaxial layer (each portion of the conductive material C that connects the projections 11a to 181, see fig 2C, para 46), the array of bottom contacts respectively corresponding to the array of micro LED (each LED 11a, has a C on the bottom of it, see fig 2C), wherein the array second grooves is formed at positions corresponding to an edge of the array of bottom contacts (the edges of the trenches between 11a are close to the edges of C, see fig 2C). Regarding claim 12, CHEN discloses the micro LED structure according to claim 1, further comprising: a top-connected structure disposed in the array of first grooves (the structure comprising 12, 13 and 171 is connected to the top of 11 and is in the grooves between 114, see fig 2C, para 33-34); a bottom conductive structure formed below the bottom epitaxial layer (conductive structure C to the bottom of 11a, see fig 2C, para 46), wherein the top-connected structure is interconnected across the array of micro LEDs (12 is connected to the top of each LED, see fig 2C). Regarding claim 13, CHEN discloses the micro LED structure according to claim 1, further comprising a micro lens layer formed on the top epitaxial layer (141 and 15, see fig 2C, 141, para 38 and 54). Regarding claim 14, CHEN discloses the micro LED structure according to claim 13, wherein the micro lens layer comprises an array of micro lenses respectively corresponding to the array of micro LEDs (there are an array of 141 over 11a, see fig 2C). Regarding claim 15, CHEN discloses the micro LED structure according to claim 14, further comprising: a top-connected structure disposed in the array of first grooves (the structure comprising 12, 13 and 171 is connected to the top of 11 and is in the grooves between 114, see fig 2C, para 33-34), wherein gaps are formed between adjacent micro lenses (the gaps between 141, see fig 2C), the gaps exposing a metal layer to air (the gaps between 141 expose 14 which can contain metal to the air, see fig 2C, para 34). Regarding claim 16, CHEN discloses the micro LED structure according to claim 14, wherein each of the micro lenses comprises a top hemisphere lens (fig 2C, 141, para 54) and a bottom spacer (fig 2C, 15, para 38) below the top hemisphere lens. Regarding claim 17, CHEN discloses the micro LED structure according to claim 16, wherein a width of the bottom spacer is greater than a diameter of the top hemisphere lens (15 has a larger width than 141, see fig 2C). Regarding claim 18, CHEN discloses the micro LED structure according to claim 16, wherein a height of the bottom spacer is dependent on a diameter of the top hemisphere lens (15 has a height and 141 has a diameter, see fig 2C). Regarding claim 27, CHEN discloses the micro LED structure according to claim 1, wherein the bottom epitaxial layer forms an array of inverted trapezoidal shapes (113 is an array of trapezoidal shapes, see fig 2C) or an array of bowl shapes. Regarding claim 28, CHEN discloses the micro LED structure according to claim 1, further comprising: a bottom conductive structure (the conductors C, see fig 2C, para 46) formed below the bottom epitaxial layer; and an integrated circuit (IC) backplane (fig 2C, 18, para 45-46) formed below and electrically connected to the bottom conductive structure (181 and 182 are connected to C, see fig 2C). Regarding claim 38, CHEN discloses the micro LED structure according to claim 1, wherein: the first conductive type is N-type and the second conductive type is P-type (113 can be N-type and 111 can be P-type, see fig 2C, para 32); or the first conductive type is P-type and the second conductive type is N-type. Regarding claim 39, CHEN discloses the micro LED structure according to claim 1, wherein the light-emitting layer is interconnected across the array of micro LEDs (each portion of 112 is connected to the others by 111, see fig 2C). Regarding claim 40, CHEN discloses the micro LED structure according to claim 1, wherein the top epitaxial layer is interconnected across the array of micro LEDs (111 is continuous across the array of LEDs 11a, see fig 2C). Regarding claim 41, CHEN discloses the micro LED structure according to claim 40, wherein the top epitaxial layer forms a continuous bottom surface across the array of micro LEDs (the bottom surface o f111 extends continuously across the array of LEDs 11a, see fig 2C). Claim(s) 1, 6-7, 19-20, 22-23 and 42-43 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHEN (US 20230033031). Regarding claim 1, CHEN discloses a micro light-emitting diode (LED) structure, comprising: a bottom epitaxial layer of a first conductive type (111 if the device of fig 2C is inverted, see fig 2C, para 32); a light-emitting layer (fig 2C, 112, para 32), formed on the bottom epitaxial layer; and a top epitaxial layer of a second conductive type, formed on the light-emitting layer (113 if the device of fig 2C is inverted, see fig 2C, para 32); wherein the top epitaxial layer comprises an array of first grooves dividing the micro LED structure into an array of micro LEDs (the grooves between 11a, see fig 2C). Regarding claim 6, CHEN discloses the micro LED structure according to claim 1, wherein the bottom epitaxial layer comprises an array of second grooves (the grooves between 114 if the device of fig 2C is inverted, see fig 2C, para 55). Regarding claim 7, CHEN discloses the micro LED structure according to claim 6, wherein a top of the array of second grooves is lower than a top of the bottom epitaxial layer (the top surface of the grooves in 114 is lower than the bottom of 112, see fig 2C). Regarding claim 19, CHEN discloses the micro LED structure according to claim 1, further comprising: an array of top contacts (the contacts C on top of 11a if the device in fig 2C is inverted, see fig 2C, para 46) disposed on the top epitaxial layer; and a top-connected structure (fig 2C, 18, para 45-46) formed on the array of top contacts, wherein the array of top contacts is respectively located in the array of micro LEDs (the contacts C is in the array area of the LEDs 11a, see fig 2C). Regarding claim 20, CHEN discloses the micro LED structure according to claim 19, wherein: the array of top contacts is formed on a part of the top epitaxial layer outside the array of first grooves (the top contacts C are on 113 between the grooves between 11a, see fig 2C); and the top-connected structure is partially formed on the array of top contacts (18 is at least partially formed on C, see fig 2C). Regarding claim 22, CHEN discloses the micro LED structure according to claim 1, further comprising an insulating layer (fig 2C, 12, para 33) formed at a bottom surface of the bottom epitaxial layer (12 is at a bottom surface of 111 if the device of fig 2C is inverted, see fig 2C). Regarding claim 23, CHEN discloses the micro LED structure according to claim 22, wherein: the bottom epitaxial layer comprises an array of second grooves (111 has a plurality of grooves between projections 114, see fig 2C); and the insulating layer is disposed in the array of second grooves (12 is located in the grooves between 114, see fig 2C). Regarding claim 42, CHEN discloses the micro LED structure according to claim 1, wherein the bottom epitaxial layer is interconnected across the array of micro LEDs (111 is connected across the array of 11a if fig 2C is inverted, see fig 2C). Regarding claim 43, CHEN discloses the micro LED structure according to claim 42, wherein the bottom epitaxial layer forms a continuous top surface across the array of micro LEDs (111 has a continuous top surface if fig 2C is inverted, see fig 2C). 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. Claim(s) 2 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of KISHIMOTO (US 20210408105). Regarding claim 2, CHEN discloses the micro LED structure according to claim 1. CHEN fails to explicitly disclose a device, wherein the array of first grooves is located at positions between adjacent micro LEDs and is interconnected across the array of micro LEDs. KISHIMOTO teaches a device, wherein the array of first grooves is located at positions between adjacent micro LEDs and is interconnected across the array of micro LEDs (the isolation region 240 between the LEDs 220 forms a continuous network, see fig 1A-B, para 94). CHEN and KISHIMOTO are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the interconnected grooves of KISHIMOTO because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the interconnected grooves of KISHIMOTO in order to improve the efficiency of the device (see KISHIMOTO para 91). Regarding claim 24, CHEN discloses the micro LED structure according to claim 22. CHEN fails to explicitly disclose a device, further comprising an array of bottom contacts formed in the insulating layer and at the bottom surface of the bottom epitaxial layer, the array of bottom contacts respectively corresponding to the array of micro LEDs. KISHIMOTO teaches a device, further comprising an array of bottom contacts (fig 1, 31, para 107) formed in the insulating layer (31 is formed in insulating layer 38, see fig 1, para 111) and at the bottom surface of the bottom epitaxial layer (if the device in fig 1A is inverted, then 31 is on the bottom of 21, see fig 1A), the array of bottom contacts respectively corresponding to the array of micro LEDs (31 is on the micro-LED 220, see fig 1A). CHEN and KISHIMOTO are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom contacts of KISHIMOTO because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom contacts of KISHIMOTO in order to improve the efficiency of the device (see KISHIMOTO para 91). Regarding claim 25, CHEN and KISHIMOTO disclose the micro LED structure according to claim 24. CHEN fails to explicitly disclose a device, further comprising: a bottom conductive structure formed below the bottom epitaxial layer, wherein each of the contacts is surrounded by the insulating layer and electrically connected to the bottom conductive structure. KISHIMOTO teaches a device, further comprising: a bottom conductive structure (fig 1A, 36 and 400, para 111) formed below the bottom epitaxial layer, wherein each of the contacts is surrounded by the insulating layer and electrically connected to the bottom conductive structure (36 is formed inside 38, and is connected to 31, see fig 1A). CHEN and KISHIMOTO are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom contacts of KISHIMOTO because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom contacts of KISHIMOTO in order to improve the efficiency of the device (see KISHIMOTO para 91). Claim(s) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of MAEGAWA (US 20220131055). Regarding claim 3, CHEN discloses the micro LED structure according to claim 1. CHEN fails to explicitly disclose a device, wherein the array of first grooves has a bottom separated from the light-emitting layer by a distance between 50 nm-100 nm, inclusive. MAEGAWA teaches a device, wherein the array of first grooves has a bottom separated from the light-emitting layer by a distance between 50 nm-100 nm, inclusive (the distance from the bottom of the groove between the LEDs 2, 3 and 4 and the active region 3 is the thickness of 2 which can be 50 nm, see fig 5, para 45). CHEN and MAEGAWA are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the specific layer thickness of MAEGAWA because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the specific layer thickness of MAEGAWA in order to increase the amount of transmitted light (see MAEGAWA para 59). Additionally, parameters such as the thicknesses of layers in the art of semiconductor devices are subject to routine experimentation and optimization to achieve the desired device characteristics during fabrication. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the layer thickness in the device of CHEN in order to increase light purity (see CHEN para 38). Regarding claim 11, CHEN discloses the micro LED structure according to claim 6. CHEN fails to explicitly disclose a device, wherein the array of second grooves (4-12) has a bottom separated from the light-emitting layer by a distance between 50 nm-100 nm, inclusive. MAEGAWA teaches a device, wherein the array of second grooves (4-12) has a bottom separated from the light-emitting layer by a distance between 50 nm-100 nm, inclusive (the distance from the bottom of the groove between the LEDs 2, 3 and 4 and the active region 3 is the thickness of 2 which can be 50 nm, see fig 5, para 45). CHEN and MAEGAWA are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the specific layer thickness of MAEGAWA because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the specific layer thickness of MAEGAWA in order to increase the amount of transmitted light (see MAEGAWA para 59). Additionally, parameters such as the thicknesses of layers in the art of semiconductor devices are subject to routine experimentation and optimization to achieve the desired device characteristics during fabrication. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the layer thickness in the device of CHEN in order to increase light purity (see CHEN para 38). Claim(s) 4, 10 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of KUSUSE (US 20060231852). Regarding claim 4, CHEN discloses the micro LED structure according to claim 1. CHEN fails to explicitly disclose a device, wherein each first groove has a sharp tip. KUSUSE teaches a device, wherein each first groove has a sharp tip (the trenches between the portions of p-type layer 3 have pointed bottoms, see fig 49, para 294). CHEN and KUSUSE are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the trench shape of KUSUSE because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the trench shape of KUSUSE in order to increase the light extraction efficiency (see KUSUSE para 24). Regarding claim 10, CHEN discloses the micro LED structure according to claim 6. CHEN fails to explicitly disclose a device, wherein each second groove has a sharp tip. KUSUSE teaches a device wherein each second groove has a sharp tip (the trenches between the portions of p-type layer 3 have pointed bottoms, see fig 49, para 294). CHEN and KUSUSE are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the trench shape of KUSUSE because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the trench shape of KUSUSE in order to increase the light extraction efficiency (see KUSUSE para 24). Regarding claim 21 CHEN discloses the micro LED structure according to claim 19. CHEN fails to explicitly disclose a device, wherein each of the top contacts has a contact surface forming an ohmic contact with the top epitaxial layer, the contact surface being shaped as a quadrilateral with rounded corners. KUSUSE teaches a device, wherein each of the top contacts has a contact surface forming an ohmic contact with the top epitaxial layer, the contact surface being shaped as a quadrilateral with rounded corners (electrode 21 is in ohmic contact with the n-type layer 12, and is a quadrilateral with rounded corners, see fig 1, para 128). CHEN and KUSUSE are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the trench shape of KUSUSE because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the trench shape of KUSUSE in order to increase the light extraction efficiency (see KUSUSE para 24). Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of KIM (US 20210367121). Regarding claim 26, CHEN discloses the micro LED structure according to claim 22, further comprising: an array of second grooves formed at a bottom surface of the bottom epitaxial layer (the grooves between 114, see fig 2C). CHEN fails to explicitly disclose a device comprising a bottom conductive structure formed below the bottom epitaxial layer; and a reflective layer formed between the insulating layer and the bottom conductive structure, wherein the reflective layer is disposed in the second array of grooves. KIM teaches a device a bottom conductive structure formed below the bottom epitaxial layer (conductor 142 below 126, see fig 1C, para 61); and a reflective layer (fig 1C, 132, para 56) formed between the insulating layer and the bottom conductive structure (132 is between 126 and 142, see fig 1C), wherein the reflective layer is disposed in the second array of grooves (132 is in the grooves in 120, see fig 1C). CHEN and KUSUSE are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom conductor of KUSUSE because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom conductor of KUSUSE in order to increase the light extraction efficiency (see KUSUSE para 24). Claim(s) 29-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of SCHELLER (US 20210408761). Regarding claim 29, CHEN discloses the micro LED structure according to claim 28. CHEN fails to explicitly disclose a device, wherein: 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 backplane 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. SCHELLER teaches a device, wherein: the bottom conductive structure comprises a first dielectric layer (fig 24, 2460, para 183) and a first array of contact holes formed in the first dielectric layer (the holes in 2460 which contain 2474, see fig 24, para 183); and the IC backplane comprises a second dielectric layer (fig 24, 2440, para 183) and a second array of contact holes (the holes in 2440 which contain 2430, see fig 24) formed in the second dielectric layer, the second array of contact holes respectively corresponding to the first array of contact holes (see fig 24). CHEN and SCHELLER are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom conductive structure of SCHELLER because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom conductive structure of SCHELLER in order to increase light extraction efficiency (see SCHELLER para 91). Regarding claim 30, CHEN and SCHELLER disclose the micro LED structure according to claim 29. CHEN fails to explicitly disclose a device, wherein a first metal is filled in the first array of contact holes and a second metal is filled in the second array of contact holes, the first metal in the first array of contact holes being respectively bonded to the second metal in the second array of contact holes. SCHELLER teaches a device, wherein a first metal (fig 24, 2474, para 183) is filled in the first array of contact holes and a second metal (fig 24, 2430, para 183) is filled in the second array of contact holes, the first metal in the first array of contact holes being respectively bonded to the second metal in the second array of contact holes (see para 183). CHEN and SCHELLER are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom conductive structure of SCHELLER because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom conductive structure of SCHELLER in order to increase light extraction efficiency (see SCHELLER para 91). Regarding claim 31, CHEN and SCHELLER disclose the micro LED structure according to claim 30. CHEN fails to explicitly disclose a device, further comprising: an array of contact pads formed at a bottom surface of the bottom epitaxial layer, the array of contact pads being electrically connected to the first metal in the array of contact holes, respectively. SCHELLER teaches a device, further comprising: an array of contact pads (fig 7 and 24, 760, para 102) formed at a bottom surface of the bottom epitaxial layer, the array of contact pads being electrically connected to the first metal in the array of contact holes (see fig 7 and 24), respectively. CHEN and SCHELLER are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom conductive structure of SCHELLER because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom conductive structure of SCHELLER in order to increase light extraction efficiency (see SCHELLER para 91). Regarding claim 32, CHEN and SCHELLER disclose the micro LED structure according to claim 29. CHEN fails to explicitly disclose a device, wherein the IC backplane further comprises: a chip circuit board formed below the second dielectric layer and the second array of contact holes. SCHELLER teaches a device, wherein the IC backplane further comprises: a chip circuit board (the device can be mounted on the circuit board 810, see fig 8, para 111) formed below the second dielectric layer and the second array of contact holes. CHEN and SCHELLER are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the bottom conductive structure of SCHELLER because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the bottom conductive structure of SCHELLER in order to increase light extraction efficiency (see SCHELLER para 91). Claim(s) 33-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (20230033031) in view of BAUMHEINRICH (US 20220102583). Regarding claim 33, CHEN discloses the micro LED structure according to claim 1. CHEN fails to explicitly disclose a device, wherein the top epitaxial layer comprises a plurality of photonic crystals in each of the micro LED. BAUMHEINRICH teaches a device, wherein the top epitaxial layer (fig 223A, 705, para 2076) comprises a plurality of photonic crystals (fig 223A, 706, para 2076) in each of the micro LED. CHEN and BAUMHEINRICH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the photonic crystals of BAUMHEINRICH because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the photonic crystals of BAUMHEINRICH in order to improve emission characteristics (see BAUMHEINRICH para 88). Regarding claim 34, CHEN and BAUMHEINRICH disclose the micro LED structure according to claim 33. CHEN fails to explicitly disclose a device, wherein a bottom of the plurality of the photonic crystals is not lower than a bottom of the top epitaxial layer. BAUMHEINRICH teaches a device, wherein a bottom of the plurality of the photonic crystals is not lower than a bottom of the top epitaxial layer (a bottom of 706 is higher than a bottom of 705, see fig 223A). CHEN and BAUMHEINRICH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the photonic crystals of BAUMHEINRICH because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the photonic crystals of BAUMHEINRICH in order to improve emission characteristics (see BAUMHEINRICH para 88). Regarding claim 35, CHEN and BAUMHEINRICH disclose the micro LED structure according to claim 33. CHEN fails to explicitly disclose a device, further comprising a passivation layer formed on the plurality of photonic crystals. BAUMHEINRICH teaches a device, further comprising a passivation layer formed on the plurality of photonic crystals (there is a passivation layer 17 on the side of each micro-LED which will be at least indirectly in contact with the 706 on the top surface of each LED, see fig 19 and 223A, para 1445 and 1077). CHEN and BAUMHEINRICH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the photonic crystals of BAUMHEINRICH because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the photonic crystals of BAUMHEINRICH in order to improve emission characteristics (see BAUMHEINRICH para 88). Regarding claim 36, CHEN and BAUMHEINRICH disclose the micro LED structure according to claim 33. CHEN fails to explicitly disclose a device, wherein each of the plurality of photonic crystals has a cylindrical shape or a conical shape. BAUMHEINRICH teaches a device, wherein each of the plurality of photonic crystals has a cylindrical shape or a conical shape (each 706 has a cylindrical shape, see fig 223A, para 2078). CHEN and BAUMHEINRICH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the photonic crystals of BAUMHEINRICH because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the photonic crystals of BAUMHEINRICH in order to improve emission characteristics (see BAUMHEINRICH para 88). Regarding claim 37, CHEN and BAUMHEINRICH disclose the micro LED structure according to claim 33. CHEN fails to explicitly disclose a device, wherein each of 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. BAUMHEINRICH teaches a device, wherein each of 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 (the size of 706 can be half the wavelength, so around 300 nm, see fig 223A, para 128 and 2078). CHEN and BAUMHEINRICH are analogous art because they both are directed towards semiconductor devices and one of ordinary skill in the art would have had a reasonable expectation of success to modify the device of CHEN with the photonic crystals of BAUMHEINRICH because they are from the same field of endeavor. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the device of CHEN with the photonic crystals of BAUMHEINRICH in order to improve emission characteristics (see BAUMHEINRICH para 88). Additionally, parameters such as the thicknesses of layers in the art of semiconductor devices are subject to routine experimentation and optimization to achieve the desired device characteristics during fabrication. It would have been obvious to one of ordinary skill in the art at the time the invention was made to adjust the layer thickness in the device of CHEN in order to increase light purity (see CHEN para 38). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONAS TYLER BEARDSLEY whose telephone number is (571)272-3227. The examiner can normally be reached 930-600 M-F. 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, Lynne Gurley can be reached at 571-272-1670. 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. /JONAS T BEARDSLEY/Examiner, Art Unit 2811 /SAMUEL A GEBREMARIAM/Primary Examiner, Art Unit 2811
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Prosecution Timeline

Mar 04, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
90%
With Interview (+30.0%)
3y 1m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 283 resolved cases by this examiner. Grant probability derived from career allowance rate.

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