DETAILED ACTION
This Action is responsive to the communication filed on 04/11/2024.
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.
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.
Claims 1-2, 4-5, 12-14, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cok (US 2019/0265478).
Regarding claim 1, Cok (see, e.g., FIG. 12, FIG. 13) discloses a light-emitting element, comprising:
a light-emitting diode chip e.g., 44R, having a first surface e.g., top surface of 44R, a second surface e.g., bottom surface of 44R opposite to the first surface e.g., top surface of 44R, and a plurality of sidewalls e.g., left sidewall of 44R, right sidewall of 44R connecting the first surface e.g., top surface of 44R and the second surface e.g., bottom surface of 44R (Para 0043);
an insulation structure 52, 56, 129, 152, covering the first surface e.g., top surface of 44R, the second surface e.g., bottom surface of 44R, and the plurality of sidewalls e.g., left sidewall of 44R, right sidewall of 44R (Para 0068, Para 0069); and
a plurality of connection pads 122 (left), 122 (right), disposed on the first surface e.g., top surface of 44R, wherein: in a cross-sectional view, the insulation structure 52, 56, 129, 152 includes a plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) disposed on the plurality of sidewalls e.g., left sidewall of 44R, right sidewall of 44R, each of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) protrudes from the plurality of sidewalls e.g., left sidewall of 44R, right sidewall of 44R and extends laterally, and comprises a protrusion length e.g., length of 52, 129 (lower, left horizontal portion above 126), 152; length of 56 (protruding portion), 129 (lower, right horizontal portion above 126), and the protrusion length e.g., length of 52, 129 (lower, left horizontal portion above 126), 152 of one 52, 129 (lower, left horizontal portion above 126), 152 of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) is different from that of another one 56 (protruding portion), 129 (lower, right horizontal portion above 126) of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126).
Regarding claim 2, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the light-emitting element of claim 1, wherein the protrusion length e.g., length of 52, 129 (lower, left horizontal portion above 126), 152 of one 52, 129 (lower, left horizontal portion above 126), 152 of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) is 1 time to 10 times a thickness of a portion of the insulation structure 52, 56, 129, 152 covering the second surface e.g., bottom surface of 44R.
Regarding claim 4, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the light-emitting element of claim 1, wherein each of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) has a third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) and a fourth surface e.g., bottom surface of 129 (lower, left horizontal portion above 126); bottom surface of 129 (lower, right horizontal portion above 126) opposite to the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126), wherein the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) is closer to the first surface e.g., top surface of 44R of the light-emitting diode chip 44R than the fourth surface e.g., bottom surface of 129 (lower, left horizontal portion above 126); bottom surface of 129 (lower, right horizontal portion above 126), and the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) is between the first surface e.g., top surface of 44R and the second surface e.g., bottom surface of 44R of the light-emitting diode chip 44R.
Regarding claim 5, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the light-emitting element of claim 4, wherein the insulation structure 52, 56, 129, 152 has a fifth surface e.g., top surface of 56 (center) and a sixth surface e.g., bottom surface of 56 (center) opposite to the fifth surface e.g., top surface of 56 (center), wherein the fifth surface e.g., top surface of 56 (center) is in contact with the second surface e.g., bottom surface of 44R of the light-emitting diode chip 44R, and the fourth surface e.g., bottom surface of 129 (lower, left horizontal portion above 126); bottom surface of 129 (lower, right horizontal portion above 126) of each of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) is between the first surface e.g., top surface of 44R of the light-emitting diode chip 44R and the sixth surface e.g., bottom surface of 56 (center) of the insulation structure 52, 56, 129, 152.
Regarding claim 12, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the display device, comprising, a carrier substrate 100 (Para 0066); and a plurality of light-emitting elements 44R, 44G, 44B of claim 1, disposed on the carrier substrate 100 (Para 0043).
Regarding claim 13, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the display device of claim 12, wherein the protrusion length e.g., length of 52, 129 (lower, left horizontal portion above 126), 152 of one of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152 of the light-emitting elements 44R, 44G, 44B is 1 time to 10 times a thickness of a portion of the insulation structure 52, 56, 129, 152 covering the second surface e.g., bottom surface of 44R, 44G, 44B.
Regarding claim 14, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the display device of claim 13, wherein the thickness of the portion of the insulation structure 52, 56, 129, 152 is in a range from 0.5μm to 2.0μm (Para 0056).
Regarding claim 18, Cok (see, e.g., FIG. 12, FIG. 13) teaches that the display device of claim 12, wherein each of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152; 56 (protruding portion), 129 (lower, right horizontal portion above 126) of the light-emitting elements 44R, 44G, 44B has a third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) and a fourth surface e.g., bottom surface of 129 (lower, left horizontal portion above 126); bottom surface of 129 (lower, right horizontal portion above 126) opposite to the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126), wherein the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) is closer to the first surface e.g., top surface of 44R of the light-emitting diode chip 44R than the fourth surface e.g., bottom surface of 129 (lower, left horizontal portion above 126); bottom surface of 129 (lower, right horizontal portion above 126), and the third surface e.g., top surface of 129 (lower, left horizontal portion above 126); top surface of 129 (lower, right horizontal portion above 126) is between the first surface e.g., top surface of 44R and the second surface e.g., bottom surface of 44R of the light-emitting diode chip 44R.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cok (US 2019/0265478).
Regarding claim 3, Cok fails to expressly specify that the light-emitting element of claim 1, wherein the protrusion length of one of the plurality of protrusion portions is more than 0.5 micrometers (μm). Cok, on the other hand, teaches that the protrusion length e.g., length of 52, 129 (lower, left horizontal portion above 126), 152 of one of the plurality of protrusion portions 52, 129 (lower, left horizontal portion above 126), 152 (see FIG. 13). However, differences in lengths will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such difference is critical. “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the workable ranges by routine experimentation”. In re Aller, 220 F.2d 454,456,105 USPQ 233, 235 (CCPA 1955).
Since the applicant has not established the criticality (see next paragraph) of the protrusion length of one of the plurality of protrusion portions being more than 0.5 micrometers (μm), it would have been obvious to one of ordinary skill in the art to modify the length protrusion length of one of the plurality of protrusion portions to be more than 0.5 micrometers (μm) in the device of Cok through routine experimentation.
CRITICALITY
The specification contains no disclosure of either the critical nature of the claimed the protrusion length of one of the plurality of protrusion portions being more than 0.5 micrometers (μm) or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Cok (US 2019/0265478), in view of Jang (US 2018/0040767).
Regarding claim 6, although Cok shows substantial features of the claimed invention, Cok fails to expressly teach the light-emitting element of claim 1, wherein the second surface of the light-emitting diode chip has a rough texture.
Jang (see, e.g., FIG. 1A), in a similar field of endeavor, teaches that the second surface 210 of the light-emitting diode chip 120 has a rough texture for the purpose of improving light extraction efficiency of the light emitting device (Para 0082, Para 0083, Para 0175).
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 second surface of the light emitting diode chip of Cok to have a rough texture as described by Jang for the purpose of improving light extraction efficiency of the light emitting device (Para 0082, Para 0083, Para 0175).
Regarding claim 19, although Cok shows substantial features of the claimed invention, Cok fails to expressly teach the display device of claim 12, wherein the second surface of the light-emitting diode chip has a rough texture.
Jang (see, e.g., FIG. 1A), in a similar field of endeavor, teaches that the second surface 210 of the light-emitting diode chip 120 has a rough texture for the purpose of improving light extraction efficiency of the light emitting device (Para 0082, Para 0083, Para 0175).
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 second surface of the light emitting diode chip of Cok to have a rough texture as described by Jang for the purpose of improving light extraction efficiency of the light emitting device (Para 0082, Para 0083, Para 0175).
Allowable Subject Matter
Claims 7-11, 15-17, and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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
Prosecution Insights