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 with traverse of Species A, claims 1-7 and 16-19 in the reply filed on July 31, 2026 is acknowledged.
Claims 1, 3-7, 16 and 18 are allowable. The restriction requirement among Species A-D, as set forth in the Office action mailed on June 1, 2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is hereby withdrawn as to any claim that requires all the limitations of an allowable claim. Specifically, the restriction requirement of June 1, 2026 is partially withdrawn. Claims 8-15 are no longer withdrawn from consideration because the claims require all the limitations of an allowable claim. However, claim 20 remains withdrawn from consideration because it does not require all the limitations of an allowable claim.
In view of the above noted withdrawal of the restriction requirement, applicant is advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application.
Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
Information Disclosure Statement
The information disclosure statement(s) submitted on April 19, 2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Claim Objections
Claims 2, 12 and 14 are objected to because of the following informalities:
“the bonding region” should read “the first bonding region” (claim 2, line 3);
“the first metal” should read “the first metal layer” (claim 12, line 2);
“units” should read “unit” (claim 14, line 2).
Appropriate correction is required.
Claim 13 is objected to because it depends from claim 12 and therefore inherits the issue. Claim 15 is objected to because it depends from claim 14 and therefore inherits the issue.
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.
Claim 17 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 17 recites the limitation "the first metal layer" in line 1. There is insufficient antecedent basis for this limitation in the claim. Examiner observes that claim 3 recites “a first metal layer” in line 2. Therefore, it is suggested Applicant amend claim 17 to depend from claim 3 instead of from claim 1. Correction is respectfully requested.
Claim 17 recites the limitation "the second metal layer" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner observes that claim 3 recites “a second metal layer” in lines 2-3. Therefore, it is suggested Applicant amend claim 17 to depend from claim 3 instead of from claim 1. Correction is respectfully requested.
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0376188 A1 (hereinafter “You”).
Regarding claim 19, You discloses an optoelectronic device (10000; Fig. 1; [0058]), comprising:
a substrate (2100; Fig. 1; [0059]) comprising a periphery (the frame region surrounding the four pixel modules 1000 as shown in Fig. 1); and
a semiconductor stack (21, 23, 25; Fig. 3B; [0074]-[0075]) disposed on the substrate, wherein the semiconductor stack comprises a first light emitting unit (10a (in the central one of the twenty five unit pixels 100 shown in Fig. 2); [0062]-[0063]), and a second light emitting unit (10a (in the unit pixel 100 located in the upper left corner as shown in Fig. 2); [0062]-[0063]) located closer to the periphery than the first light emitting unit to the periphery;
wherein the first light emitting unit comprises a first light emitting stack (21, 23, 25; Figs. 3A-3B; [0067]) and a first conductive structure (27, 55, 63; Figs. 3A-3B; [0081], [0083] and [0090]), and the second light emitting unit comprises a second light emitting stack (21, 23, 25; Figs. 3A-3B; [0067]) and a second conductive structure (27, 55, 63; Figs. 3A-3B; [0081], [0083] and [0090]); and
wherein the first conductive structure comprises a first metal layer (27; Fig. 3B; [0081]) directly contacting the first light emitting stack, and the second conductive structure comprises a second metal layer (63; Fig. 3B; [0090]) and a first conductive layer (55; Fig. 3B; [0083]) disposed between the second metal layer and the second light emitting stack.
Allowable Subject Matter
Claims 1, 3-11, 16 and 18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: with respect to claim 1, US 2023/0130895 A1 (hereinafter “Hong”) appears to be the closest prior art.
Regarding claim 1, Hong discloses an optoelectronic device (100; Fig. 1; [0036]), comprising:
a substrate (110; Fig. 1; [0037]) comprising a periphery (IA; Fig. 1; [0038]); and
a semiconductor stack disposed on the substrate ([0040]-[0041]), wherein the semiconductor stack comprises a first light emitting unit (130; Fig. 3; [0043]), and a second light emitting unit (120; Fig. 2; [0043]) located closer to the periphery than the first light emitting unit to the periphery;
wherein the first light emitting unit comprises a first light emitting stack (131, 132, 133; Fig. 3; [0054]) and a first conductive structure (135, 137; Fig. 3; [0054]) directly contacting the first light emitting stack with a first contact length, and the second light emitting unit comprises a second light emitting stack (121, 122, 123; Fig. 2; [0045]) and a second conductive structure (125, 127; Fig. 2; [0045]) directly contacting the second light emitting stack with a second contact length.
However, Hong does not disclose the second contact length is larger than the first contact length. Hong rather discloses the second contact length is smaller than the first contact length in order to reduce a wavelength deviation among a plurality of light emitting diodes (LEDs) disposed on an active area of a wafer ([0056] and Abstract).
Therefore, claims 1, 3-11, 16 and 18 are allowed because the prior art of record, individually or in combination, does not teach or suggest “the second contact length is larger than the first contact length” as recited in claim 1.
Claims 2 and 12-15 would be allowable if claims 2, 12 and 14 were to be amended to overcome the objections set forth in this Office action.
Claim 17 would be allowable if it were to be amended to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M ALBRECHT whose telephone number is (571)272-7813. The examiner can normally be reached M-F 9:30 AM - 6:30 PM (CT).
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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.
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/PETER M ALBRECHT/Primary Examiner, Art Unit 2811
