DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to application filed on 08/08/2024.
Currently claims 1-21 are pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2024 was filed before the mailing date of the office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement was considered by the examiner.
Claim Rejections - 35 USC § 112 (b)
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.
Claims 2-6, 8-9 and 11 are rejected under 35 U.S.C. 112 (b), as being indefinite for failing to particularly pointing out and distinctly claim the subject matter which the inventor or a joint inventor, regard as their invention.
Regarding claim 2, the claim recites “a first surface, a second surface and a third second surface” (claim 2, lines 1-2). The term “third second surface” is grammatically and semantically unclear—it is indefinite whether the applicant intends a “third surface,” a “second surface,” or some further surface. The claim further recites “one first electrode of the plurality of first electrodes covers a corner of the covers of the third surface of the semiconductor layer,” and the phrase “a corner of the covers of the third surface” is grammatically broken and does not distinctly define what structure is covered. Clarification and/or correction is required. For the purpose of examination, the claim is interpreted as reciting that the semiconductor layer includes a first surface, a second surface, and a third surface, and that the one first electrode covers a corner of the third surface.
Regarding claim 4, the claim likewise recites “a first surface, a second surface and a third second surface” (claim 4, lines 1-2). For the reasons given for claim 2, “third second surface” is indefinite. Clarification and/or correction is required. For the purpose of examination, “third second surface” is interpreted as “third surface.”
Regarding claim 8, the claim recites “the first electrode and the first semiconductor layer are contact with each other” (claim 8, lines 1-2). There is insufficient antecedent basis for “the first electrode,” because parent claim 1 introduces only “a plurality of first electrodes” and claim 7 does not introduce any single “first electrode.” Clarification and/or correction is required. For the purpose of examination, “the first electrode” is interpreted as “at least one first electrode of the plurality of first electrodes.”
Claims 3, 5-6, 9, and 11, which depend from the rejected claims, are rejected for at least the same reasons.
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 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, 7, and 8 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by US 2021/0119079 A1 (Hwang).
Regarding claim 1, Hwang discloses, a light emitting element, (100A; first micro LED; Hwang Figs. 3-4; [0056] – [0061]), comprising:
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a semiconductor layer (280; stack; Fig. 4; [0058]), and
a plurality of electrodes (110, 120, 130; electrode pads; Fig. 4; [0058]) in contact with parts of the semiconductor layer (280);
wherein the semiconductor layer (280) includes a first semiconductor layer (210; first material layer; Fig. 4; [0059]), an emission layer (220; second material layer; Fig. 4; [0059]), and a second semiconductor layer (230; third material layer; Fig. 4; [0059]); and
wherein the plurality of electrodes includes a plurality of first electrodes (120, 130; second and third electrode pads; Figs. 3-4; [0058] - [0059]) disposed to correspond to corners of the semiconductor layer (280), and
a second electrode (110; first electrode pad; Figs. 3-4; [0058]) spaced apart from the plurality of first electrodes (120, 130) and disposed in a center portion of a surface of the semiconductor layer (280). Hwang expressly teaches that the polarity designation of the pads is interchangeable; accordingly, Hwang’s corner pads read on the claimed plurality of first electrodes and Hwang’s central pad reads on the claimed second electrode.
Regarding claim 7, Hwang discloses, the light emitting element of claim 1, further comprising:
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an encapsulation layer (260; insulating layer; Figs. 3-4; [0056]) to cover a part of the semiconductor layer (280),
wherein the encapsulation layer includes:
at least one first opening (240, 250; first and second trenches; Hwang Fig. 4; [0059]) to expose a part of a first surface of the first semiconductor layer (210), and
at least one second opening (260h; through hole; Fig. 4; [0059]) to expose a part of a second surface of the second semiconductor layer (230), and
wherein the at least one second opening is disposed in a center portion of the second surface and the at least one first opening is disposed to correspond to a corner of the first surface (Fig. 4).
Regarding claim 8, Hwang discloses, the light emitting element of claim 7, wherein in the at least one first opening, at least one first electrode and the first semiconductor layer are in contact with each other (120/130 contacting the first material layer 210) and in the at least one second opening, the second electrode and the second semiconductor layer are in contact with each other (110 contacting the third material layer 230).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 2 is rejected under 35 U.S.C. 103 as unpatentable over US 2021/0119079 A1 (Hwang) as applied to claim 1 and further in view of US 2022/0209072 A1 (Jung).
Regarding claim 2, Hwang teaches, (as interpreted above under § 112(b)) the light emitting element according to claim 1, wherein the semiconductor layer (280; stack; Fig. 4; [0058]) includes a first surface (top), a second surface (left) and a third second surface (right),
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But Hwang fails to teach explicitly, (as interpreted above under § 112(b)),
However, in analogous art, Jung discloses, one first electrode (E2-2; second electrode; Fig. 9B; [0152] – [0158]) covers a corner of the third surface (first side surface) of the semiconductor layer (EL, 151/152/153; light-emitting layer; Fig. 9A; [0149]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Jung before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of first and second electrodes disposed on and extending across the top, bottom, and side surfaces of the semiconductor layer as taught by Jung, since distributing the electrodes over multiple faces of the element increases the number of placement orientations in which reliable electrical contact is achieved and constitutes a simple substitution of one known electrode-placement geometry (planar corner-and-center pads on a single surface) for another (electrodes distributed over plural surfaces) yielding the predictable result of multi-surface electrical contact. Absent this important teaching in Hwang, a person with ordinary skill in the art would be motivated to reach out to Jung while forming a light emitting element of Hwang.
Claim 9 is rejected under 35 U.S.C. 103 as unpatentable over US 2021/0119079 A1 (Hwang) as applied to claim 8 and further in view of US 2024/0258465 A1 (Kang).
Regarding claim 9, Hwang fails to teach explicitly, the light emitting element according to claim 8, wherein at least one of the plurality of electrodes includes a ferromagnetic material
However, in analogous art, Jung discloses, the light emitting element according to claim 8, wherein at least one of the plurality of electrodes (E1; first electrode; Fig. 1; [0056]) includes a ferromagnetic material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Kang before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of at least one electrode made of a ferromagnetic (magnetic) material as taught by Kang, since forming an electrode of magnetic material enables magnetic self-alignment and correct orientation of the element during mounting and constitutes a simple substitution of one known electrode material (a non-magnetic pad metal) for another (a magnetic electrode material) yielding the predictable result of a magnetically self-aligning electrode. Absent this important teaching in Hwang, a person with ordinary skill in the art would be motivated to reach out to Kang while forming a light emitting element of Hwang.
Claim 10 is rejected under 35 U.S.C. 103 as unpatentable over US 2021/0119079 A1 (Hwang) as applied to claim 1.
Regarding claim 10, Hwang discloses, the light emitting element of claim 1, wherein the semiconductor layer (280), but fails to teach explicitly, that the semiconductor layer is cubical; however, the particular chip geometry (cubical) is an obvious matter of design choice absent a showing of criticality, because a change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP § 2144.04 (IV) (B) – changes in shape is obvious absent persuasive evidence that the particular shape of the claimed semiconductor layer was significant.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and MPEP § 2144.04 (IV) (B) before him/her, to modify the teachings of a light emitting element with a certain semiconductor layer and form a cubical semiconductor layer.
Claims 12-13 are rejected under 35 U.S.C. 103 as unpatentable over US 2021/0119079 A1 (Hwang) and further in view of US 2022/0052031 A1 (Kang2).
Regarding claim 12, Hwang teaches, a display device (micro LED; Fig. 12-13; [0076] - [0080]) comprising a substrate (360) including a plurality of sub pixels (360B), a plurality of transistors (although obvious, Hwang was silent about transistors) on the substrate, and a plurality of light emitting elements, each being the light emitting element of claim 1 (see the rejection of claim 1);
Micro LEDs (100A; first micro LED; Fig. 12-13; [0076] - [0080]) mounted in the pixel regions of an LED display having a display driving circuit unit on the substrate (360).
But Hwang fails to teach explicitly, the display driving circuit unit consists of transistors.
However, in analogous art, Kang2 discloses, the display driving circuit unit (SP1) consists of transistors (T1 and T2; Fig. 3A; [0081] – [0082]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Kang2 before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of display driving circuit unit consists of transistors as taught by Kang2, since transistors are basic building components of driving circuits. Absent this important teaching in Hwang, a person with ordinary skill in the art would be motivated to reach out to Kang2 while forming a light emitting element of Hwang.
Regarding claim 13, the combination of Hwang and Kang2 discloses, the display device of claim 12, further comprising:
a first assembly electrode (REL1) and a second assembly electrode (REL2) disposed spaced apart from each other below the plurality of light emitting elements (LD1 and LD2),
wherein the plurality of first electrodes (120, 130; Hwang Ref.) is electrically connected to the first and second assembly electrodes (REL1 and REL2) and
the second electrode is disposed between them (REL1, REL2; first and second electrodes; Figs. 4A; [0127]; Kang2 Ref.).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Kang2 before him/her, to modify the teachings of a display device having the light emitting element as taught by Hwang and to include the teachings of first and second assembly electrodes spaced apart below the element as taught by Kang2, since providing spaced-apart assembly electrodes with the element aligned therebetween permits self-assembly alignment of the elements and thereby reduces transfer defects and constitutes a simple substitution of one known element-mounting arrangement for another yielding the predictable result of aligned element placement. Absent this important teaching in Hwang, a person with ordinary skill in the art would be motivated to reach out to Kang2 while forming a display device of Hwang.
Claims 14 and 16–18 are rejected under 35 U.S.C. 103 as unpatentable over US 2021/0119079 A1 (Hwang) as applied to claim 12 and further in view of US 2024/0145656 A1 (Jang).
Regarding claim 14, Hwang fails to teach explicitly, the display device according to claim 12, further comprising: a first connection electrode connected to the plurality of first electrodes; and a second connection electrode connected to the second electrode, wherein the first connection electrode and the second connection electrode are disposed on different planes.
However, in analogous art, Jang discloses, the display device according to claim 12, further comprising:
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a first connection electrode (CE1; first connection electrode; Fig. 3; [0067]) connected to the plurality of first electrodes (124; Fig. 3; [0082]); and
a second connection electrode (CE1; first connection electrode; Fig. 3; [0067]) connected to the second electrode (125 through ML; Fig. 3; [0082]),
wherein the first connection electrode (CE1) and the second connection electrode (CE2) are disposed on different planes (separated by first planarization layer 116; Fig. 3; [0067]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Jang before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of connection electrodes to be connected to LED electrodes for external connections as taught by Jang since in MPEP 2143 (I) (A), it is stated that Combining prior art elements according to known methods to yield predictable results is obvious. Absent this important teaching in Hwang, a person with ordinary skill in the art would be motivated to reach out to Jang while forming a light emitting element of Hwang.
Regarding claim 16, Hwang fails to teach explicitly, the display device according to claim 12, further comprising: a first connection electrode connected to the plurality of first electrodes; and a second connection electrode connected to the second electrode, wherein the first connection electrode and the second connection electrode are disposed on the same plane.
However, in analogous art, Jang discloses, the display device according to claim 12, further comprising:
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a first connection electrode (CE1; first connection electrode; Fig. 3; [0067]) connected to the plurality of first electrodes (124; Fig. 3; [0082]); and
a second connection electrode (CE1; first connection electrode; Fig. 3; [0067]) connected to the second electrode (125 through ML; Fig. 3; [0082]),
wherein the first connection electrode (CE1) and the second connection electrode (CE2) are disposed on different planes (separated by first planarization layer 116; Fig. 3; [0067]). With this teaching, it is an obvious layout variation directed to the same purpose of establishing the two required electrical connections on the same plane (MPEP § 2144.04(VI)(C) – Rearrangement of parts).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Jang before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of connection electrodes to be connected to LED electrodes for external connections in different planes as taught by Jang and form them on the same plane since in In MPEP 2144.04 (VI) (C), it is stated that Rearrangement of Parts is held to be an obvious matter of design choice, if it does not modify the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claims 17- 18, the combination of Hwang and Jang discloses, the display device of claim 16, wherein the first (CE1) and second (CE2) connection electrodes (Jang Ref.) are connected to first surfaces (claim 17) or second surfaces (claim 18) of the light emitting elements, which is an obvious layout variation directed to the same purpose of establishing the two required electrical connections (MPEP § 2144.04(VI)(C)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Hwang and Jang before him/her, to modify the teachings of a light emitting element as taught by Hwang and to include the teachings of connection electrodes to be connected to LED electrodes for external connections in different planes as taught by Jang and form them on either first or second surface of light emitting elements since in In MPEP 2144.04 (VI) (C), it is stated that Rearrangement of Parts is held to be an obvious matter of design choice, if it does not modify the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claims 19-20 are rejected under 35 U.S.C. 103 as unpatentable over US 2022/0209072 A1 (Jung).
Regarding claim 19, Jung discloses, a light emitting element comprising:
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a semiconductor structure (151/153; first/second semiconductor layer; Figs. 8A–9A; [0233] – [0237]); and
a plurality of electrodes (E1 and E2) on a plurality of surfaces of the semiconductor structure (Figs. 8A–9A; [0233] – [0237]),
wherein the plurality of electrodes (E1 and E2) include:
a plurality of first electrodes (E1-1, E1-2; first electrodes; Figs. 8A–9A; [0233] – [0237]) on the plurality of surfaces and a second electrode (E2-1, E2-2; second electrodes; Figs. 8A–9A; [0233] – [0237]) on the plurality of surfaces spaced apart from the plurality of first electrodes (E1-1, E1-2), Jung disposing the first and second electrodes on the top and bottom surfaces of the semiconductor structure. To the extent the claim requires electrodes on each of the plurality of surfaces, providing electrodes on additional surfaces beyond the two shown by Jung is a mere duplication of parts that yields no new or unexpected result (MPEP § 2144.04(VI)(B)).
Regarding claim 20, Jung discloses, the light emitting element of claim 19 having a semiconductor layer (280), but fails to teach explicitly, that the semiconductor layer is cubical; however, the particular chip geometry (cubical) is an obvious matter of design choice absent a showing of criticality, because a change in shape is generally recognized as being within the level of ordinary skill in the art. See MPEP § 2144.04 (IV) (B) – changes in shape is obvious absent persuasive evidence that the particular shape of the claimed semiconductor layer was significant.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Jung and MPEP § 2144.04 (IV) (B) before him/her, to modify the teachings of a light emitting element with a certain semiconductor layer and form a cubical semiconductor layer.
Allowable Subject Matter
Claims 3-6, 11, 15, and 21 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, and if the outstanding 35 U.S.C. 112(b) issues affecting their base claims are resolved.
Regarding claim 3, the closest prior art, US 2021/0119079 A1 (Hwang), in conjunction with US 2022/0209072 A1 (Jung), US 2024/0145656 A1 (Jang), US 2024/0258465 A1 (Kang) and US 2022/0052031 A1 (Kang2), fails to disclose, “the light emitting element according to claim 2, wherein the one first electrode covers a vertex of the second surface of the semiconductor layer and a vertex of the first surface of the semiconductor layer”, in combination with the additionally claimed features, as are claimed by the Applicant.
Specifically, the aforementioned ‘the light emitting element according to claim 2, wherein the one first electrode covers a vertex of the second surface of the semiconductor layer and a vertex of the first surface of the semiconductor layer,’ is material to the inventive concept of the application at hand to make the element connectable regardless of placement direction and to improve assembly rate [0006] - [0008].
Regarding claim 4, the closest prior art, US 2021/0119079 A1 (Hwang), in conjunction with US 2022/0209072 A1 (Jung), US 2024/0145656 A1 (Jang), US 2024/0258465 A1 (Kang) and US 2022/0052031 A1 (Kang2), and in combination with the other claimed features, fails to disclose, “the light emitting element according to claim 1, wherein the semiconductor layer includes a first surface, a second surface and a third second surface, wherein the second electrode includes: a first part on the second surface of the semiconductor layer; a second part on the first surface of the semiconductor layer; and a third part on the third surface of the semiconductor layer and electrically connected to the first part and the second part, and wherein the first part and the second part have a same shape, and the first part and the second part have a different shape from the third part”, in combination with the additionally claimed features, as are claimed by the Applicant.
Specifically, the aforementioned ‘the light emitting element according to claim 1, wherein the semiconductor layer includes a first surface, a second surface and a third second surface, wherein the second electrode includes: a first part on the second surface of the semiconductor layer; a second part on the first surface of the semiconductor layer; and a third part on the third surface of the semiconductor layer and electrically connected to the first part and the second part, and wherein the first part and the second part have a same shape, and the first part and the second part have a different shape from the third part,’ is material to the inventive concept of the application at hand to make the element connectable regardless of placement direction and to improve assembly rate [0006] - [0008].
Regarding claim 15, the closest prior art, US 2021/0119079 A1 (Hwang), in conjunction with US 2022/0209072 A1 (Jung), US 2024/0145656 A1 (Jang), US 2024/0258465 A1 (Kang) and US 2022/0052031 A1 (Kang2), and in combination with the other claimed features, fails to disclose, “the display device according to claim 12, further comprising: a reflection electrode below the plurality of light emitting elements; and an adhesive layer disposed on a first surface of the plurality of light emitting elements to be bonded with the plurality of light emitting elements, wherein the adhesive layer is in contact with a part of the plurality of first electrodes and a part of the second electrode”, in combination with the additionally claimed features, as are claimed by the Applicant.
Specifically, the aforementioned ‘the display device according to claim 12, further comprising: a reflection electrode below the plurality of light emitting elements; and an adhesive layer disposed on a first surface of the plurality of light emitting elements to be bonded with the plurality of light emitting elements, wherein the adhesive layer is in contact with a part of the plurality of first electrodes and a part of the second electrode,’ is material to the inventive concept of the application at hand to make the element connectable regardless of placement direction and to improve assembly rate [0006] - [0008].
Regarding claim 21, the closest prior art, US 2021/0119079 A1 (Hwang), in conjunction with US 2022/0209072 A1 (Jung), US 2024/0145656 A1 (Jang), US 2024/0258465 A1 (Kang) and US 2022/0052031 A1 (Kang2), and in combination with the other claimed features, fails to disclose, “the light emitting element according to claim 19, wherein the plurality of surfaces include 6 surfaces”, in combination with the additionally claimed features, as are claimed by the Applicant.
Specifically, the aforementioned ‘the light emitting element according to claim 19, wherein the plurality of surfaces include 6 surfaces,’ is material to the inventive concept of the application at hand to make the element connectable regardless of placement direction and to improve assembly rate [0006] - [0008].
Claims 5-6 and 11 are also objected to due to their dependence on an objected base claim.
Examiner’s Note (Additional Prior Arts)
The examiner included a few prior arts which were not used in the rejection but are relevant to the disclosure.
US 2023/0087256 A1 (Lee) - A display device is disclosed including a first electrode and a second electrode, spaced apart from each other, and a light emitting element disposed between the first electrode and the second electrode. The light emitting element includes a core area and a doping area surrounding the core area.
US 11,894,490 B2 (Tang) - A spherical flip-chip micro-LED, a method for manufacturing the spherical flip-chip micro-LED, and a display panel are provided. The spherical flip-chip micro-LED includes a light-emitting body, a supporting body, a first electrode, a second electrode, and an insulating protective layer. The supporting body is transparent. The first electrode and the second electrode are electrically coupled with the light-emitting body. The insulating protective layer covers the light-emitting body. The light-emitting body, the supporting body, and the insulating protective layer form a spherical structure.
Common-ownership note: Reference US 2024/0258465 A1 (Kang), relied upon above for claim 9, appears to be commonly owned with the instant application. The applicant may disqualify Kang as prior art under 35 U.S.C. 102(b)(2)(C) by submitting a statement of common ownership, or under 37 CFR 1.130, if appropriate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to S M SOHEL IMTIAZ whose telephone number is (408) 918-7566. The examiner can normally be reached on 8AM-5PM, M-F, PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine S. Kim can be reached at 571-272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S M SOHEL IMTIAZ/Primary Patent Examiner
Art Unit 2812
07/30/2026
Prosecution Insights