DETAILED ACTION
This Action is responsive to the Restriction/Election Response filed on 09/16/2026.
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 .
In the event the determination of the status of the application as subject to 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.
Election/Restrictions
Applicant’s election without traverse of Species 4, reading on FIG. 6, in the reply filed on 09/16/2026 is acknowledged and entered into the record.
No claims were withdrawn from consideration as being directed to non-elected Species. However, the Examiner has identified claims to non-elected Species. Specifically, Claims 1-15 are drawn to non-elected Species, and are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to non-elected Species.
For example, Independent Claim 1 recites the limitation: “a sidewall 1200 disposed on the substrate 1100” (emphasis and notations added), which reads on FIG. 1, FIG. 3, FIG. 4. Additionally, Independent Claim 10 recites the limitation: “a sidewall 1200 disposed on the substrate 1100” (emphasis and notations added), which reads on FIG. 1, FIG. 3, FIG. 4. The light emitting device of the elected Species 4, which reads on FIG. 6, does not have a sidewall disposed a substrate as recited in Independent Claim 1 and Independent Claim 10.
Claims 2-9 are also withdrawn from further consideration due to the claims’ dependency on Independent Claim 1. Claims 11-15 are also withdrawn from further consideration due to the claims’ dependency on Independent Claim 10.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Terms and phrases used in the claims presented in the application should find antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description. Correction of the following is required: The claimed limitations recited as “first interconnect region” in Claim 1, “second interconnect region” in Claim 1, “first interconnect region” in Claim 19, “upper interconnect region” in Claim 19, “penetration interconnect region” in Claim 20, and “upper interconnect region” in Claim 20 do not have antecedent basis in the specification.
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.
Claims 16-17 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2018/0366623), in view of Liu (US 2018/0006203).
Regarding claim 16, Cheng (see, e.g., FIG. 15A) discloses a light emitting device comprising:
a substrate 1 including a first interconnect region 2 (left), 3 (left), 13 (left) and a second interconnect region 2 (right), 3 (right), 13 (right) (Para 0027-Para 0030, Para 0056; see also FIG. 1A);
a light emitter 4 disposed on the substrate 1 and including a first electrode e.g., left side electrode of 4 (not labeled) electrically connected to the first interconnect region 2 (left), 3 (left), 13 (left) and a second electrode e.g., right side electrode of 4 (not labeled) electrically connected to the second interconnect region 2 (right), 3 (right), 13 (right) (Para 0027-Para 0030);
a cover 6 contacting an upper side 41 of the light emitter 4 (Para 0049, Para 0050); and
a conductive layer 2 (left), 2 (right) disposed on the substrate 1 (Para 0027-Para 0030, Para 0056),
wherein:
the conductive layer 2 (left), 2 (right) includes a first conductive layer 2 (left) electrically connected to the first electrode e.g., left side electrode of 4 (not labeled) and a second conductive layer 2 (right) electrically connected to the second electrode e.g., right side electrode of 4 (not labeled) (Para 0027-Para 0030, Para 0056);
the cover 6 includes an organic polymer e.g., polydimethylsiloxane (PDMS) having a light transmittance of light emitted from the light emitter 4 (Para 0027, Para 0031, Para 0045, Para 0049),
the cover 6 includes a first region 62 extending beyond the upper side 41 of the light emitter 4 (Para 0051),
the cover 6 includes a second region 621 extending from the first region 62 and contacting a side surface 42 of the light emitter 4 (Para 0051), and
an air gap is not formed between the cover 6 and the side surface 42 of the light emitter 4.
Although Cheng shows substantial features of the claimed invention, Cheng fails to expressly teach a reflective layer disposed on the substrate; the cover contacting a region of an upper side of the reflective layer.
Liu (see, e.g., FIG. 1) teaches a reflective layer 44 disposed on the substrate 40 (Para 0017-Para 0021); the cover 46 contacting a region e.g., outer region of 44 of an upper side of the reflective layer 44 for the purpose of improving light extraction from the device (Para 0017-Para 0019, Para 0021-Para 0023).
The combination of Cheng (see, e.g., FIG. 15A) / Liu (see, e.g., FIG. 1) teaches the cover 6 (as taught by Cheng) contacting a region e.g., outer region of 44 of an upper side of the reflective layer 44 (as taught by Liu).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the reflective layer as described by Liu to the be disposed on the substrate of Cheng for the purpose of improving light extraction from the device (Para 0022).
Regarding claim 17, Cheng (see, e.g., FIG. 15A) teaches the light emitting device of claim 16, wherein the light emitted from the light emitter 4 is in an ultraviolet wavelength range (Para 0027, Para 0045).
Regarding claim 19, the combination of Cheng (see, e.g., FIG. 15A) / Liu (see, e.g., FIG. 1) teaches the light emitting device of claim 16, wherein the first interconnect region 2 (left), 3 (left), 13 (left) includes an upper interconnect region 2 (left) (as taught by Cheng), and the upper interconnect region 2 (left) (as taught by Cheng) is partially covered by the reflective layer 44 (as taught by Liu).
Regarding claim 20, the combination of Cheng (see, e.g., FIG. 15A) / Liu (see, e.g., FIG. 1) teaches the light emitting device of claim 19, wherein the first interconnect region 2 (left), 3 (left), 13 (left) (as taught by Cheng) further includes a penetration interconnect region 13 (left) (as taught by Cheng) that penetrates the substrate 1 (as taught by Cheng), and the penetration interconnect region 13 (left) (as taught by Cheng) is connected to a location of the upper interconnect region 2 (left) (as taught by Cheng) covered by the reflective layer 44 (as taught by Liu).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2018/0366623), in view of Liu (US 2018/0006203), and further in view of Krauter (US 2012/0132947).
Regarding claim 18, although Cheng/Liu show substantial features of the claimed invention, Cheng/Liu fail to expressly teach the light emitting device of claim 17, wherein the reflective layer has a light transmittance of 85% or more.
Krauter (see, e.g., FIG. 1) teaches a reflective layer 3 having a light transmittance of 85% or more for the purpose of utilizing a material with high reflectivity and high ageing stability with respect to UV radiation (Para 0012, Para 0014, Para 0032-Para 0033).
Examiner Note: The Examiner notes that the reflective layer, polytetrafluoroethylene (PTFE), of Krauter is similar to the reflective layer, e.g., polytetrafluoroethylene, as disclosed by Applicant (see, e.g., Para 0083-Para 0084 of the disclosure as originally filed), which would result in the claimed property of a light transmittance of 85% or more. The burden is upon the Applicant to prove otherwise. See In re Fitzgerald 205 USPQ 594.
Therefore, 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 material of the reflective layer of Liu to include a reflective material that has a light transmittance of 85% or more as described by Kratuer for the purpose of utilizing a material with high reflectivity and high ageing stability with respect to UV radiation (Para 0012, Para 0014).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONIO CRITE whose telephone number is (571) 270-5267. The examiner can normally be reached Monday - Friday, 10:00 am - 6:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kretelia Graham can be reached at (571) 272-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTONIO B CRITE/Primary Examiner, Art Unit 2817
