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
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.
Claims 1, 3, 4, 6-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang et al. (US Patent Application Publication No. 2020/0365648) (“Jang”).
Regarding Claim 1, Jang teaches a micro light-emitting assembly, comprising: a substrate (Figure 17, item 92), a main body with a semiconductor layer sequence (see LED structure depicted in middle of Figure 17), and a support structure (Figure 17, items 91+11p); wherein the main body is fixed on the substrate through the support structure (see Figure 17); wherein the support structure comprises: a first dielectric layer (Figure 17, item 11p) and a second dielectric layer (Figure 17, item 91); and a material of the first dielectric layer is different from a material of the second dielectric layer (¶0121 and ¶0112), the second dielectric layer is configured to connect the support structure and the main body (see shape of item 91 in Figure 17 and support provided to entire main body), and the first dielectric layer is disposed on a surface of the second dielectric layer (see Figure 17, note contact between items 91 and 11p); wherein a gap is defined between the main body and an upper surface of the substrate (see Figure 17 – note spacing shown between LED structure and the substrate); and wherein a thickness of the second dielectric layer is larger than a thickness of the first dielectric layer (see Figure 17, note thickness of 91 is depicted as larger than the thickness of 11p).
Regarding Claim 3, Jang further teaches wherein the second dielectric layer is disposed on the main body (see Figure 17 – note relationship of 91 and LED), and at least a part of the first dielectric layer covers a surface of the second dielectric layer facing away from the main body (see Figure 17 – note relationship of 11p and 91).
Regarding Claim 4, Jang further teaches the first dielectric layer is disposed on the main body (see Figure 17, note 11p is disposed on the side of the main body – physical contact is not required by the claim language), and at least a part of the second dielectric layer covers a surface of the first dielectric layer facing away from the main body (see Figure 17 – note relationship of 11p and 91).
Regarding Claim 6, Jang further teaches wherein the semiconductor layer sequence (see Figure 8b) at least comprises: a first semiconductor layer (Figure 8b, item 41), an active layer (Figure 8b, item 43) and a second semiconductor layer (Figure 8b, item 45); the main body comprises: a first part facing away from the substrate and a second part proximate to the substrate (see Figure 17); a projection of the first part on a horizontal plane is larger than a projection of the second part on the horizontal plane (see Figure 17); the first part at least comprises the first semiconductor layer, and the second part at least comprises the active layer and the second semiconductor layer (see Figures 8b and 17); and a side wall of the second part is provided with at least one of the first dielectric layer and the second dielectric layer thereon (see Figure 17).
Regarding Claim 7, Jang further teaches the support structure comprises: a fixed anchor (Figure 17, item 11c); a material of the fixed anchor is rubber material, inorganic medium or metal (¶0119); and the second dielectric layer is connected between the first dielectric layer and the fixed anchor (see Figure 17), and the second dielectric layer is connected to the substrate through the fixed anchor (see Figure 17).
Regarding Claim 8, Jang further teaches the second dielectric layer is exposed from the first dielectric layer (see Figure 17, note outer depicted surfaces are exposed), and the semiconductor layer sequence of the main body is fixed on the substrate through the second dielectric layer (see Figure 17).
Regarding Claim 9, Jang further teaches wherein the first dielectric layer defines a through groove, the second dielectric layer is exposed from the through groove, and the through groove is defined around the semiconductor layer sequence (see Figure 17).
Regarding Claim 11, Jang teaches a micro light-emitting assembly, comprising: a main body with a semiconductor layer sequence (see LED structure depicted in middle of Figure 17, see also Figure 8b); and a first dielectric layer (Figure 17, item 11p) and a second dielectric layer (Figure 17, item 91); and a material of the first dielectric layer is different from a material of the second dielectric layer (¶0121 and ¶0112), the first dielectric layer is disposed between the second dielectric layer and the semiconductor layer sequence (see Figure 17), and is disposed on a surface of the second dielectric layer (see Figure 17); and wherein a thickness of the second dielectric layer is larger than a thickness of the first dielectric layer (see Figure 17, note thickness of 91 is depicted as larger than the thickness of 11p).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 5, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Jang as applied to Claim 1 above.
Regarding Claim 2, Jang teaches Claim 1 as indicated above. Jang does not specifically teach the thickness of the second dielectric layer is 1.5 to 10 times the thickness of the first dielectric layer, however does depict a similar ration of layer thicknesses in Figure 17. It would have been obvious to one of ordinary skill in the art at the time of effective filing to optimize the relative layer thicknesses, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 5, Jang teaches Claim 1 as indicated above. Jang further teaches the material of the first dielectric layer is silicon oxide (¶0112), the first dielectric layer is connected to the semiconductor layer sequence of the main body (see Figure 17, note direct physical connection is not required by the claim language) and each of the first dielectric layer and the second dielectric layer in the support structure is a single dielectric layer (see Figure 17). However, Jang does not specifically teach the material of the second dielectric layer is silicon nitride; the thickness of the first dielectric layer is in a range of 0.1 to 0.5 microns (μm); the thickness of the second dielectric layer is in a range of 0.15 to 0.3 μm, 0.3 to 0.8 μm, or 0.8 to 2 μm; widths of the first dielectric layer and the second dielectric layer are in a range of 1 to 20 μm; and. However, it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). MPEP § 2144.07. Additionally, it would have been obvious to one of ordinary skill in the art at the time of effective filing to optimize the relative layer thicknesses and widths, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 10, Jang teaches Claim 1 as indicated above. Jang further teaches a side of the main body proximate to the substrate is provided with a third dielectric layer (see Figure 5B, item 81, ¶0086); and the third dielectric layer is disposed between the main body and the first dielectric layer, and the first dielectric layer and the second dielectric layer cover a side of the third dielectric layer, sequentially (see Figure 17). Jang does not specifically teach a material of the third dielectric layer comprises: titanium oxide, however it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). MPEP § 2144.07.
Claims 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jang.
Regarding Claim 12, Jang teaches micro light-emitting diode, comprising: a semiconductor layer sequence (see Figure 8B), at least comprising: a first semiconductor layer (Figure 8b, item 41), a second semiconductor layer (Figure 8b, item 45) and an active layer (Figure 8b, item 43) disposed between the first semiconductor layer and the second semiconductor layer; wherein the semiconductor layer sequence is divided into a first part and a second part (see Figure 8b); a projection of the first part on a horizontal plane is larger than a projection of the second part on the horizontal plane (see Figure 8b); and the first part is disposed above the second part, and a lower surface of the first part is exposed from the second part (see Figure 8b, flipped over in Figure 17); a first electrode, electrically connected to the first semiconductor layer (Figure 9c, item 40CE); a second electrode, electrically connected to the second semiconductor layer (Figure 9c, item 20CE); a residual support structure, disposed on a surface of the first part (see Figure 17); and wherein the residual support structure at least comprises: a first dielectric layer (Figure 17, item 11p) and a second dielectric layer (Figure 17, item 91); a material of the first dielectric layer is different from a material of the second dielectric layer (¶0121 and ¶0112).
Jang does not specifically teach the thickness of the second dielectric layer is 1.5 to 10 times the thickness of the first dielectric layer, however does depict a similar ration of layer thicknesses in Figure 17. It would have been obvious to one of ordinary skill in the art at the time of effective filing to optimize the relative layer thicknesses, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 13, Jang further teaches the first part at least comprises: the first semiconductor layer (see Figure 17), and the second part at least comprises: the active layer and the second semiconductor layer (see Figure 17); and a side wall of the second part is provided with at least one of the first dielectric layer and the second dielectric layer thereon (see Figure 17).
Regarding Claim 14, Jang further teaches a surface of the first semiconductor layer facing away from the second semiconductor layer is provided with a coarse structure (see Figure 8B, note no special defining characteristics for “coarse” have been provided, thus the surface depicted in Jang is considered coarse.
Regarding Claim 15, Jang further teaches a surface of the second semiconductor layer facing away from the first semiconductor layer is provided with a third dielectric layer (see Figure 5B, item 81, ¶0086); the first dielectric layer is disposed between the second dielectric layer and the semiconductor layer sequence (see Figure 17), the third dielectric layer is disposed between the semiconductor layer sequence and the first dielectric layer (see Figure 17), and the first dielectric layer and the second dielectric layer cover a side of the third dielectric layer, sequentially (see Figure 17).
Regarding Claim 16, Jang further teaches the material of the first dielectric layer is silicon oxide (¶0112) and each of the first dielectric layer and the second dielectric layer is a single dielectric layer (see Figure 17). Jang does not specifically teach the material of the second dielectric layer is silicon nitride; However, it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). MPEP § 2144.07.
Regarding Claim 17, Jang further teaches the first dielectric layer is disposed on a surface of the first part proximate to the second part (see Figure 17), and the second dielectric layer is disposed on a side of the first dielectric layer facing away from the first part (see Figure 17); and the first dielectric layer is partially retracted relative to the second dielectric layer, and (see Figure 17 on outer edge) a length of the first dielectric layer is shorter than a length of the second dielectric layer (see Figure 17 on outer edge).
Regarding Claim 18, Jang further teaches the first dielectric layer is disposed on a surface of the first semiconductor layer facing away from the second dielectric layer (see Figure 17), and the second dielectric layer is disposed between the first dielectric layer and the first semiconductor layer (see Figure 17); and an area of the first dielectric layer is smaller than an area of the second dielectric layer (see Figure 17, note the area considered is the depicted cross sectional area), and a side wall of the micro light-emitting diode is provided with a single layer of the second dielectric layer (see Figure 17).
Regarding Claim 19, Jang further teaches an end of the residual support structure facing away from the semiconductor layer sequence defines a fracture surface (see Figure 17 – the end of the support depicted is considered a “fracture surface” for whatever structural limitations that language may contain).
Regarding Claim 20, Jang further teaches a display device (¶0125), comprising: a bracket (see Figure 22), a circuit board (¶0125) and the micro light-emitting diode as claimed in claim 12 (see rejection of Claim 12 above).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al. (US Patent No. 10,326,056)
Yeon et al. (US Patent Application Publication No. 2019/0181181)
Kim et al. (US Patent No. 9,966,369)
Shimojuku et al. (US Patent Application Publication No. 2017/0077367)
Kashahara et al. (US Patent Application Publication No. 2023/0215904)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK W TORNOW whose telephone number is (571)270-7534. The examiner can normally be reached M-Th 6:30-4:30 EST.
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MARK W. TORNOW
Primary Examiner
Art Unit 2891
/MARK W TORNOW/Primary Examiner, Art Unit 2891
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