Prosecution Insights
Last updated: October 02, 2026
Application No. 18/810,856

LIGHT EMITTING ELEMENT, DISPLAY DEVICE INCLUDING THE SAME, AND METHOD OF FABRICATING LIGHT EMITTING ELEMENT

Non-Final OA §103
Filed
Aug 21, 2024
Priority
Dec 27, 2023 — RE 10-2023-0192189
Examiner
YECHURI, SITARAMARAO S
Art Unit
Tech Center
Assignee
Samsung Display Co., Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
772 granted / 902 resolved
+25.6% vs TC avg
Minimal -8% lift
Without
With
+-8.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
37 currently pending
Career history
924
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
62.2%
+22.2% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 902 resolved cases

Office Action

§103
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 . Allowable Subject Matter Claim 4-8 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. 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. 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. Claim(s) 1-3, 9-11, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20230215856 A1) hereafter referred to as Kim in view of Shigihara et al. (JP 2004088049 A) hereafter referred to as Shigihara In regard to claim 1 Kim teaches a light emitting element [see Fig. 2A, Fig. 2B “An example of a method of manufacturing the display apparatus according to the example embodiment of FIGS. 2A and 2B is illustrated in FIGS. 9A to 9Q”] comprising: semiconductor layers [“first conductivity-type semiconductor layer 112, the active layer 114, and the second conductivity-type semiconductor layer 116 may be formed of a nitride semiconductor, and may be an epitaxial layer”] including: a first semiconductor [“For example, the first conductivity-type semiconductor layer 112 may be an N-type gallium nitride (n-GaN) layer”] layer; a light emitting layer [“active layer 114 may have a single quantum well (SQW) structure or a multiple quantum well (MQW) structure”]; and a second semiconductor layer [“the second conductivity-type semiconductor layer 116 may be a P-type gallium nitride (p-GaN) layer”], a multi-insulating film [see paragraph 0113 “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked”] including a first insulating film, a second insulating film, and a third insulating film sequentially surrounding side surfaces of the semiconductor layers; a low refractive index film [“the second passivation layers 124 may include at least one of SiO.sub.2, SiN, SiCN, SiOC, SiON, and SiOCN”, see that SiO2 has a low refractive index of approximately 1.45] surrounding the multi-insulating film; and a reflective film [“first electrode 130 may include a reflective metal, e.g., at least one of silver (Ag), nickel (Ni), aluminum (Al), chromium (Cr), rhodium (Rh), iridium (Ir), palladium (Pd), ruthenium (Ru), magnesium (Mg), zinc (Zn), platinum (Pt), and gold (Au). In some example embodiments, the first electrode 130 may be formed of a single layer or a multilayer structure of a conductive material”] surrounding the low refractive index film and including metal, but does not state “and having a thickness greater than a thickness of the multi-insulating film”. However see “The thickness of the second passivation layer 124 may range from about 20 nm to about 500 nm”. See Shigihara “FIG. 55 is a graph showing the wavelength dependence of the reflectance of a conventional antireflection film. In FIG. 55, curves a and b show the wavelength dependence of the reflectance of the non-reflective film near the wavelength λ0 = 1.3 μm when the effective refractive index of the semiconductor laser element 202 is nc = 3.2” “The curve a indicates that the first layer film 204 and the third layer film 208 are made of Al2O3, the refractive index of which is n01 = n03 = 1.6, and the second layer film 206 is made of amorphous silicon (a-Si). = 3.2, and reflectivity when the respective film thicknesses are d01 = d03 = 90.23 nm and d02 = 8.25 nm” “A curve b indicates that the first layer film 204 and the third layer film 208 are made of Al2O3, the refractive index of which is n01 = n03 = 1.6, and the second layer film 206 is made of amorphous silicon (a-Si). Is n02 = 3.2, and the reflectance is when the respective film thicknesses are d01 = d03 = 90.23 nm and d02 = 199.43 nm” “Assuming that the effective refractive index of the semiconductor laser 202 is nc = 3.2, nf = (nc × n0) .sup.1/2 = 1.78885. If the wavelength λ0 is 1.3 μm, λ0 / 4 is approximately 325 nm” “The total thickness (n01 .Math. d01 + n02 .Math. d02 + n03 .Math. d03) of the three-layer film in the case of the curve a is 314.5 nm, which is almost equal to λ0 / 4. In the case of the curve a, the range of the low reflectance where the reflectance is 1% or less is wide as 265 nm, but the thickness is not always sufficiently large, so that the heat radiation is poor and the end face of the semiconductor laser element 202 may be deteriorated” “In the curve b, the total film thickness can be increased to about 927 nm in order to improve the heat conduction, but the range of the low reflectance of 1% or less is extremely narrow at 55 nm”. Thus if the teaching of Shigihara is applied to Kim, then the thickness of the “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked” is a quarter wavelength, and when you consider the refractive indices of SiO2, HfO2, and Al2O3 , then for visible light of the display apparatus of Kim, a quarter of the wavelength in SiO2, HfO2, and Al2O3 is smaller than “The thickness of the second passivation layer 124 may range from about 20 nm to about 500 nm”. Thus, it 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 to modify Kim to include “and having a thickness greater than a thickness of the multi-insulating film”. Thus it would be obvious to combine the references to arrive at the claimed invention. The motivation is to maximize light ouput by using quarter wavelength antireflection capability. In regard to claim 2 Kim and Shigihara as combined teaches [see Kim paragraph 0113 “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked”] but does not specifically state wherein the first insulating film includes a material having dissociation energy in a range of about 7 eV to about 9 eV. However see that the dissociation energy of SiO2 is approximately 6.4 eV to 8.3 eV per Si-O bond, see also that SiO2 is one example of Kim, see Kim states that “first passivation layer 122 may include at least one of, e.g., SiO.sub.2, SiN, SiCN, SiOC, SiON, SiOCN, HfO.sub.2, and Al.sub.2O.sub.3. In some example embodiments, the first passivation layer 122 may include a metal oxide disposed on an uppermost portion” . It 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 to use “wherein the first insulating film includes a material having dissociation energy in a range of about 7 eV to about 9 eV. ”, 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 In regard to claim 3 Kim and Shigihara as combined teaches wherein the first insulating film [see Kim paragraph 0113 “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked”] includes at least one of ZrO2, SiO2, HfO2, Ta2O5, and La2O3. In regard to claim 9 Kim and Shigihara as combined teaches [see claim 1 combination, this is exactly the teaching of Shigihara i.e. that the composite refractive index of the multi-composite film is used to calculate a quarter wavelength thickness for the composite film to obtain antireflection capability] wherein the multi-insulating film and the low refractive index film constitute a multi-composite film between the semiconductor layers and the reflective film, a thickness of the multi-composite film satisfies the range of Equation 1: [Equation 1], in Equation 1, t is the thickness of the multi-composite film, λ is a light emitting wavelength of the light emitting layer, and n is a composite refractive index of the multi-composite film. In regard to claim 10 Kim and Shigihara as combined teaches [see claim 1 “the second passivation layers 124 may include at least one of SiO.sub.2, SiN, SiCN, SiOC, SiON, and SiOCN”, see that SiO2 has a low refractive index of approximately 1.45] wherein the low refractive index film includes SiO2. In regard to claim 11 Kim and Shigihara as combined teaches [see claim 1 “first electrode 130 may include a reflective metal, e.g., at least one of silver (Ag), nickel (Ni), aluminum (Al), chromium (Cr), rhodium (Rh), iridium (Ir), palladium (Pd), ruthenium (Ru), magnesium (Mg), zinc (Zn), platinum (Pt), and gold (Au). In some example embodiments, the first electrode 130 may be formed of a single layer or a multilayer structure of a conductive material”], wherein the reflective film includes at least one of aluminum (Al), molybdenum (Mo), titanium (Ti), copper (Cu), silver (Ag), magnesium (Mg), platinum (Pt), palladium (Pd), gold (Au), nickel (Ni), neodymium (Nd), iridium (Ir), and chromium (Cr). In regard to claim 14 Kim and Shigihara as combined teaches further comprising: a protective film [“preliminary interconnection insulating layer 190P may be formed to cover all structures, formed in the previous operations, including the first electrode 130. For example, the preliminary interconnection insulating layer 190P may be a low-k dielectric material, e.g., a silicon oxide”] surrounding the reflective film. In regard to claim 15 Kim and Shigihara as combined teaches further comprising: a contact electrode [see Kim “second electrode 150”] disposed on the semiconductor layers, wherein the multi-insulating film, the low refractive index film, the reflective film, and the protective film further surround [see Kim Fig. 2B] a side surface of the contact electrode. In regard to claim 16 Kim and Shigihara as combined teaches wherein the side surfaces of the semiconductor layers have an inclined surface [see Kim “In the present operation, the stack structure may be etched to have an inclined side surface” “Referring to FIG. 9C, the damaged regions DR may be removed from the LED cells 110. The damaged regions DR may be selectively removed by, e.g., a wet etching process” “an angle between an upper surface and side surfaces of the LED cells 110 may be a right angle or close to the right angle”, firstly, see that there can be variation see “close to”, secondly, see that inclined means the side “forms an angle, called the angle of inclination” however there is nothing to prevent that angle from being 90 degrees under broadest reasonable interpretation, for example vertically inclined means 90 degrees] inclined with respect to a first bottom surface of the semiconductor layers. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Shigihara as combined and further in view of Liu et al. (CN 115084324 A) hereafter referred to as Liu In regard to claim 12 Kim and Shigihara as combined does not specifically teach wherein the reflective film has a thickness in a range of about 30 nm to about 200 nm. However these are common thickness for electrode, see Liu “The thickness of the p-type electrode layer 12 and the n-type electrode layer 11 is 200 nm”. Thus, it 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 to modify Kim to include wherein the reflective film has a thickness in a range of about 30 nm to about 200 nm. Thus it would be obvious to combine the references to arrive at the claimed invention. The motivation is that such thickness are known to give good conduction for electrode. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim and Shigihara as combined and further in view of Iguchi (US 20190229235 A1) In regard to claim 13 Kim and Shigihara as combined does not specifically teach wherein the semiconductor layers have a width in a range of about 0.5 µm to about 10 µm. See Iguchi paragraph 0003, 0074 “Currently, micro light emitting elements have been miniaturized, and micro light emitting elements having a size of about 7 μm have been published, for example (see Francois Olivier, Anis Daami, Ludovic Dupre, Franck Henry, Bernard Aventurier, Francois Templier, “Investigation and Improvement of 10 μm Pixel-pitch GaN-based Micro-LED Arrays with Very High Brightness”, SID 2017 DIGEST, P353, 2017)” “The micro light emitting element 100 of the present embodiment was obtained by employing the following configuration in the micro light emitting element 100 illustrated in FIG. 1A to FIG. 1C. [0075] A contour in a plan view: a square having one side with a length of 8.5 μm (the width of the pixel isolation trench 15 is 1.5 μm, and the arrangement pitch of the micro light emitting elements 100 is 10 μm)”. Thus, it 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 to modify Kim to include wherein the semiconductor layers have a width in a range of about 0.5 µm to about 10 µm. Thus it would be obvious to combine the references to arrive at the claimed invention. The motivation is to obtain a finer resolution for display. Claim(s) 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20230215856 A1) hereafter referred to as Kim in view of Shigihara et al. (JP 2004088049 A) hereafter referred to as Shigihara In regard to claim 17 Kim teaches display device [see Fig. 2A, Fig. 2B “An example of a method of manufacturing the display apparatus according to the example embodiment of FIGS. 2A and 2B is illustrated in FIGS. 9A to 9Q”] comprising: a first electrode [either of “first electrode 130” “second electrodes 150”]; a second electrode [the other of “first electrode 130” “second electrodes 150”]; and a light emitting element [“first conductivity-type semiconductor layer 112, the active layer 114, and the second conductivity-type semiconductor layer 116 may be formed of a nitride semiconductor, and may be an epitaxial layer”] electrically connected between the first electrode and the second electrode, wherein the light emitting element includes: semiconductor layers [“first conductivity-type semiconductor layer 112, the active layer 114, and the second conductivity-type semiconductor layer 116 may be formed of a nitride semiconductor, and may be an epitaxial layer”] including: a first semiconductor [“For example, the first conductivity-type semiconductor layer 112 may be an N-type gallium nitride (n-GaN) layer”] layer; a light emitting [“active layer 114 may have a single quantum well (SQW) structure or a multiple quantum well (MQW) structure”] layer; and a second semiconductor [“the second conductivity-type semiconductor layer 116 may be a P-type gallium nitride (p-GaN) layer”] layer, a multi-insulating film [see paragraph 0113 “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked”] including a first insulating film, a second insulating film, and a third insulating film sequentially surrounding side surfaces of the semiconductor layers; a low refractive index film [“the second passivation layers 124 may include at least one of SiO.sub.2, SiN, SiCN, SiOC, SiON, and SiOCN”, see that SiO2 has a low refractive index of approximately 1.45] surrounding the multi-insulating film; and a reflective film [“first electrode 130 may include a reflective metal, e.g., at least one of silver (Ag), nickel (Ni), aluminum (Al), chromium (Cr), rhodium (Rh), iridium (Ir), palladium (Pd), ruthenium (Ru), magnesium (Mg), zinc (Zn), platinum (Pt), and gold (Au). In some example embodiments, the first electrode 130 may be formed of a single layer or a multilayer structure of a conductive material”] surrounding the low refractive index film and including metal but does not state “and having a thickness greater than a thickness of the multi-insulating film”. However see “The thickness of the second passivation layer 124 may range from about 20 nm to about 500 nm”. See Shigihara “FIG. 55 is a graph showing the wavelength dependence of the reflectance of a conventional antireflection film. In FIG. 55, curves a and b show the wavelength dependence of the reflectance of the non-reflective film near the wavelength λ0 = 1.3 μm when the effective refractive index of the semiconductor laser element 202 is nc = 3.2” “The curve a indicates that the first layer film 204 and the third layer film 208 are made of Al2O3, the refractive index of which is n01 = n03 = 1.6, and the second layer film 206 is made of amorphous silicon (a-Si). = 3.2, and reflectivity when the respective film thicknesses are d01 = d03 = 90.23 nm and d02 = 8.25 nm” “A curve b indicates that the first layer film 204 and the third layer film 208 are made of Al2O3, the refractive index of which is n01 = n03 = 1.6, and the second layer film 206 is made of amorphous silicon (a-Si). Is n02 = 3.2, and the reflectance is when the respective film thicknesses are d01 = d03 = 90.23 nm and d02 = 199.43 nm” “Assuming that the effective refractive index of the semiconductor laser 202 is nc = 3.2, nf = (nc × n0) .sup.1/2 = 1.78885. If the wavelength λ0 is 1.3 μm, λ0 / 4 is approximately 325 nm” “The total thickness (n01 .Math. d01 + n02 .Math. d02 + n03 .Math. d03) of the three-layer film in the case of the curve a is 314.5 nm, which is almost equal to λ0 / 4. In the case of the curve a, the range of the low reflectance where the reflectance is 1% or less is wide as 265 nm, but the thickness is not always sufficiently large, so that the heat radiation is poor and the end face of the semiconductor laser element 202 may be deteriorated” “In the curve b, the total film thickness can be increased to about 927 nm in order to improve the heat conduction, but the range of the low reflectance of 1% or less is extremely narrow at 55 nm”. Thus if the teaching of Shigihara is applied to Kim, then the thickness of the “the first passivation layer 122 may include, e.g., a SiO.sub.2 layer, a HfO.sub.2 layer, and an Al.sub.2O.sub.3 layer sequentially stacked” is a quarter wavelength, and when you consider the refractive indices of SiO2, HfO2, and Al2O3 , then for visible light of the display apparatus of Kim, a quarter of the wavelength in SiO2, HfO2, and Al2O3 is smaller than “The thickness of the second passivation layer 124 may range from about 20 nm to about 500 nm”. Thus, it 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 to modify Kim to include “and having a thickness greater than a thickness of the multi-insulating film”. Thus it would be obvious to combine the references to arrive at the claimed invention. The motivation is to maximize light ouput by using quarter wavelength antireflection capability. In regard to claim 18 Kim and Shigihara as combined teaches wherein the light emitting element further includes a protective [“preliminary interconnection insulating layer 190P may be formed to cover all structures, formed in the previous operations, including the first electrode 130. For example, the preliminary interconnection insulating layer 190P may be a low-k dielectric material, e.g., a silicon oxide”] film surrounding the reflective film. Claim(s) 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DiMaria (US 20220140199 A1) In regard to claim 19 DiMaria teaches a method of fabricating [see “FIG. 2A is a cross-sectional view of a step in the manufacture of an LED device”] a light emitting element, the method comprising: sequentially forming [“semiconductor layers 202 according to one or more embodiments comprise epitaxial layers, III-nitride layers or epitaxial III-nitride layers” “the semiconductor layers 202 comprise a p-type layer 204p, an active region 206, and an n-type layer 204n”] a first semiconductor layer, a light emitting layer, and a second semiconductor layer on a substrate; etching [“With reference to FIG. 2B, the semiconductor layers 202 are etched to form a mesa 2108”] the first semiconductor layer, the light emitting layer, and the second semiconductor layer; sequentially forming a multi-insulating film [“In one or more embodiments, the first passivation layer 216 comprises one of more of silicon nitride (SiN), titanium oxide (TiO.sub.2), niobium oxide (NbO.sub.2), aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), aluminum nitride (AlN), silicon dioxide (SiO.sub.2), and hafnium-doped silicon dioxide (HfSiO.sub.2)”] including a first insulating film, a second insulating film, a low refractive index film [“In one or more embodiments, the second passivation layer 218 may comprise one or more of a distributed Bragg reflector (DBR) and a low-loss, low-index dielectric material” “In some embodiments, the low-loss, low-refractive index material comprises a material selected from the group consisting of silicon oxide (SiO.sub.2), magnesium fluoride (MgF.sub.2) ...”] having a thickness greater [see “In one or more embodiments, the first passivation layer 216 has a thickness of greater than or equal to 0.1 nm” however the bottom of the range for 218 is higher, see “In some embodiments, the second passivation layer 218 has a thickness of greater than or equal to 2 nm” “In some embodiments, the distribute Bragg reflector has a thickness of at least 0.2 microns”, thus using the bottom end of the ranges satisfies the claim limitation] than a thickness of the multi-insulating film, and a reflective film [“In one or more embodiments, the distributed Bragg reflector (DBR) comprises multilayers of alternating thin film materials of different refractive index, wherein high reflectance is one of the key attributes” “A Bragg reflector or mirror is a structure formed from a multilayer stack of alternating thin film materials with varying refractive index, for example high- and low-index films”], on the substrate, the first semiconductor layer, the light emitting layer, [see Fig. 2D] and the second semiconductor layer; and forming a multi-film [see Fig. 2E] surrounding side surfaces of the first semiconductor layer, the light emitting layer, and the second semiconductor layer by etching [“With reference to FIG. 2E, the mesa 208 having the first passivation layer 216 and the second passivation layer 218 thereon is patterned to form an opening 209 on the top surface 208t of the mesa, exposing a top surface of the semiconductor layers 202 and/or a top surface p-type layer 204p. In one or more embodiments, the mesa 208 can be patterned according to any appropriate technique known one of skill in the art, such as a masking and etching process used in semiconductor processing”] the multi-insulating film, the low refractive index film and the reflective film, but does not state that the first passivation layer 216 comprises “and a third insulating film” and that the low refractive index film is formed before the reflective film and that the reflective film is “including a metal”. However see “the first passivation layer 216 comprises one of more of silicon nitride (SiN) ...” i.e. DiMaria doesn’t say one or two, DiMaria says one or more which suggests that three layers is acceptable. Similarly DiMaria says “the second passivation layer 218 may comprise one or more of a distributed Bragg reflector (DBR) and a low-loss, low-index dielectric material”, thus the situation of low-loss, low-index dielectric material being formed before the distributed Bragg reflector is also disclosed. With regard to materials of the Bragg reflector see paragraph 0058, 0062 DiMaria discloses using a plurality of materials many of which include metal see “silicon nitride (SiN), titanium oxide (TiO.sub.2), niobium oxide (NbO.sub.2), aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), aluminum nitride (AlN), silicon dioxide (SiO.sub.2), and hafnium-doped silicon dioxide (HfSiO.sub.2)” and the Examiner notes that a person of ordinary skill in the art can make a Bragg reflector with a combination of these materials and satisfy the limitation of “including a metal”, see for example TiO2 has refractive index of about 2.4 to 2.9 and SiO2 has a low refractive index of approximately 1.45. Thus, it 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 to modify DiMaria to include that the first passivation layer 216 comprises “and a third insulating film” and that the low refractive index film is formed before the reflective film and that the reflective film is “including a metal”. Thus it would be obvious to combine the references to arrive at the claimed invention. The motivation is flexibility of design by using a plurality of insulation layers of DiMaria to get optimum insulation, and that DiMaria teaches that either of “one or more of a distributed Bragg reflector (DBR) and a low-loss, low-index dielectric material” can be formed first and that light incident on a low-index dielectric can be reflected before reaching the Bragg reflector and that many metal based materials of DiMaria are known to a person of ordinary skill in the art to be useful to include in making Bragg reflectors, and ease of manufacture by including using the metal based materials of DiMaria. The Examiner indicates relevant case law see it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416, see it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co.v. Bemis Co., 193 USPQ 8. In regard to claim 20 DiMaria teaches further comprising: forming a protective film [see “With reference to FIG. 2E, the mesa 208 having the first passivation layer 216 and the second passivation layer 218 thereon is patterned to form an opening 209 on the top surface 208t of the mesa, exposing a top surface of the semiconductor layers 202 and/or a top surface p-type layer 204p. In one or more embodiments, the mesa 208 can be patterned according to any appropriate technique known one of skill in the art, such as a masking and etching process used in semiconductor processing”] on the reflective film prior to etching the multi-insulating film, the low refractive index film, and the reflective film, wherein the multi-film is formed of at least six films [see including Bragg reflector comprises a plurality of layers, and to this is added the low index and the plurality of layers in first passivation layer 216 and the masking] including the multi-insulating film, the low refractive index film, the reflective film, and the protective film. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITARAMARAO S YECHURI whose telephone number is (571)272-8764. The examiner can normally be reached M-F 8:00-4:30 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Britt D Hanley can be reached at 571-270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SITARAMARAO S YECHURI/ Primary Examiner, Art Unit 2893
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Prosecution Timeline

Aug 21, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
77%
With Interview (-8.4%)
2y 0m (~0m remaining)
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