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 .
Information Disclosure Statement
The references cited in the Information Disclosure Statement (IDS) submitted on August 29. 2024 have been considered by the Examiner.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, lines 2-4 recite: "a tapered portion having a width that increases as viewed from the first electrode side toward the second electrode side." The phrase "as viewed from" ordinarily denotes a viewing direction (i.e., a plan view taken from the first electrode side), yet a width observed in a single plan view cannot "increase" toward anything. The claim therefore admits two materially different readings: (i) a width, measured in a cross-section, that increases along the stacking direction from the first electrode side toward the second electrode side; or (ii) some width relationship observed in a plan view taken from the first electrode side. Because one of ordinary skill cannot determine which geometry is claimed, the metes and bounds are unclear. Claims 6-8 depend from claim 5, inherit the deficiency, and are rejected for the same reason.
For examination, claim 5 is interpreted as "a tapered portion having a width that increases in a direction from the first electrode side toward the second electrode side," consistent with the tapered stacked body described in the specification ([0028], [0057], and [0140]-[0141]). Applicant is required to clarify the claim language, e.g., by replacing "as viewed from" with "in a direction from."
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 (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.
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)(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 1-3 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2025/0015057 A1 (Cho).
Regarding claim 1, Cho discloses, A light-emitting device (light-emitting device (150); FIG. 6; [0077]), comprising:
a substrate (substrate (200); FIG. 6; [0075]);
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a first stacked body (first stacked body (150a); FIG. 8; [0017] and [0077]—e.g., 150R) including a first semiconductor layer of a first conductivity type (first semiconductor layer of a first conductivity type (151); FIG. 8; [0102]), a second semiconductor layer of a second conductivity type different from the first conductivity type (second semiconductor layer of a second conductivity type different from the first conductivity type (153); FIG. 8; [0102]), and a first light-emitting layer (first light-emitting layer (152); FIG. 8; [0102] and [0110]) provided between the first semiconductor layer (151) and the second semiconductor layer (153);
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a first electrode (first electrode (154); FIG. 8; [0020]) provided between the substrate (200) and the first stacked body (150a), and electrically coupled ([0103], [0104], and [0107]) to the first semiconductor layer (151);
a second electrode (second electrode (155); FIG. 8; [0100]) provided on a side of the first stacked body (150a) opposite to the substrate (200) (first annotated FIG. 8, above), having a light-transmitting property ([0110]), including a first facing surface (first annotated FIG. 8, above) facing the substrate (200), and electrically coupled ([0110]) to the second semiconductor layer (153);
a first insulating layer (first insulating layer (157-3); FIG. 8; [0120]) including a first portion (first annotated FIG. 8, above) provided at a side surface (first annotated FIG. 8, above) of the first stacked body (150a), and a second portion (first annotated FIG. 8, above) provided at the first facing surface (first annotated FIG. 8, above), and extending from the first portion (first annotated FIG. 8, above) along the first facing surface (first annotated FIG. 8, above); and
a first metal layer (first metal layer (156-2); FIG. 8; [0017]) provided over the first portion (first annotated FIG. 8, above) and the second portion (first annotated FIG. 8, above).
Regarding claim 2, Cho discloses, The light-emitting device (150) according to claim 1, wherein the first metal layer (156-2) is coupled ([0120]) to the first electrode (154).
Regarding claim 3, Cho discloses, The light-emitting device (150) according to claim 1, comprising:
a second stacked body (second stacked body (150a); FIG. 8; [0017] and [0077]—e.g., 150G) including a third semiconductor layer of the first conductivity type (third semiconductor layer of a first conductivity type (151); FIG. 8; [0102]), a fourth semiconductor layer of the second conductivity type (fourth semiconductor layer of a second conductivity type (153); FIG. 8; [0102]), and a second light-emitting layer (second light-emitting layer (152); FIG. 8; [0102] and [0110]) provided between the third semiconductor layer (151) and the fourth semiconductor layer (153);
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a third electrode (third electrode (154); FIG. 8; [0020]) provided between the substrate (200) and the second stacked body (150a), and electrically coupled ([0103], [0104], and [0107]) to the third semiconductor layer (151);
a fourth electrode (fourth electrode (155); FIG. 8; [0100]) provided on a side of the second stacked body (150a) opposite to the substrate (200) (second annotated FIG. 8, above), having a light-transmitting property ([0110]), including a second facing surface (second annotated FIG. 8, above) facing the substrate (200), and electrically coupled ([0110]) to the fourth semiconductor layer (153);
a second insulating layer (second insulating layer (157-3); FIG. 8; [0120]) including a third portion (second annotated FIG. 8, above) provided at a side surface (second annotated FIG. 8, above) of the second stacked body (150a), and a fourth portion (second annotated FIG. 8, above) provided at the second facing surface (second annotated FIG. 8, above), and extending from the third portion (second annotated FIG. 8, above) along the second facing surface (second annotated FIG. 8, above); and
a second metal layer (second metal layer (156-2); FIG. 8; [0017]) provided over the third portion (second annotated FIG. 8, above) and the fourth portion (second annotated FIG. 8, above).
Regarding claim 10, Cho discloses, An electronic apparatus (electronic apparatus (100); FIG. 2; [0050] and [0074]) comprising the light-emitting device (150) according to claim 1.1
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 (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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0015057 A1 (Cho).
Regarding claim 4, Applicant may argue that Cho does not explicitly disclose, wherein the second electrode and the fourth electrode are continuously and integrally provided.
However, 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 Cho before him/her to continuously and integrally provide the second electrode and the fourth electrode during fabrication thereof which is faster and more efficient than separately fabricating the second electrode for one light-emitting device (e.g., 150R) and the fourth electrode for another light-emitting device (e.g., 150G) which adds additional manufacturing time because two fabrication steps are required, rather than one, and potential expense if either the separately manufactured second electrode or fourth electrode are incorrectly fabricated. Please see, MPEP 2143(G)—The courts have made clear that the teaching, suggestion, or motivation test is flexible and an explicit suggestion to combine the prior art is not necessary. An implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the improvement is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient.
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of US 2017/0098740 A1 (Ohmae).
Regarding claim 5, Applicant may argue that Cho does not explicitly disclose, wherein the first stacked body includes a tapered portion having a width that increases as viewed from the first electrode side toward the second electrode side.2
However, in analogous art, Ohmae discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a light-emitting device (light-emitting device (10); FIG. 2A; [0061]) includes a first stacked body (first stacked body (annotated FIG. 2A, below) having a first conductive type semiconductor layer (first conductive type semiconductor layer (11); FIG. 2A; [0067]), a second conductive type semiconductor layer (second conductive type semiconductor layer (13); FIG. 2A; [0067]), and a light-emitting layer (light-emitting layer (12); FIG. 2A; [0067] and [0076]) provided between first conductive type semiconductor layer (11) and second conductive type semiconductor layer (13). Ohmae also discloses that first stacked body (annotated FIG. 2A, below) can be predictably fabricated to include a tapered portion (annotated FIG. 2A, below) having a width that increases as viewed from a first electrode (first electrode (14); FIG. 2A; [0069]) side (annotated FIG. 2A, below) toward a second electrode ((15); FIG. 2A; [0068]) side (annotated FIG. 2A, below).
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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 Cho and Ohmae before him/her that the first stacked body (150a) of Cho can be predicably fabricated to include a tapered portion having a width that increases as viewed from the first electrode (154) side toward the second electrode side (155), as taught by Ohmae, with no change in the function of first stacked body (150a) of Cho because it would still emit light. Please see, MPEP 2143(A)—Combining Prior Art Elements According to Known Methods To Yield Predicably Results.
Regarding claim 6, Cho in view of Ohmae discloses, The light-emitting device (150) according to claim 5, comprising a third metal layer (Ohmae, third metal layer (17); FIG. 2A; [0074]) provided on a side (first annotated FIG. 8, above) of the second electrode (155) opposite to the substrate (200), and including a reflective surface ([0079] of Ohmae) for reflecting light generated in the first light-emitting layer (152), and
the reflective surface (17; [0079] of Ohmae) is located on an extension of a side surface of the tapered portion (annotated FIG. 2A, above).
Regarding claim 7, Cho in view of Ohmae discloses, The light-emitting device (150) according to claim 6, comprising a light-transmissive member (Ohmae, light-transmissive member (16); FIG. 2A; [0076]) provided on the side (first annotated FIG. 8, above) of the second electrode (155) opposite to the substrate (200) and in contact with the reflective surface (17; [0079] of Ohmae).
Regarding claim 8, Cho in view of Ohmae discloses, The light-emitting device (150) according to claim 7, wherein a surface (annotated FIG. 2, above) of the light-transmissive member (16) opposite to the substrate (200) is a curved surface (annotated FIG. 2, above).
Claim 8 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Cho in view Ohmae, as applied to claim 7, above, and further in view of US 2014/0264413 A1 (Yamada).
Regarding claim 8, Applicant may argue that Cho in view of Ohmae does not appear to explicitly disclose how to solve the design problem of fabricating a surface of the light-transmissive member opposite to the substrate [to be] a curved surface.
However, in analogous art, Yamada discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a light-emitting device (light-emitting device (210); FIG. 2; [0053]) may be predicably fabricated to include a light-transmissive member (light-transmissive member (202); FIG. 2; [0058]) having a surface (annotated FIG. 2, below) opposite a substrate (substrate (200); FIG. 2; [0054]) that is curved.
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Based upon at least the above, there are a finite number of identified predicable solutions regarding a curvature of a surface of [a] light-transmissive member opposite to [a] substrate—i.e., (i) not curved or (ii) curved, as disclosed by Yamada—and, absent unexpected results, 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 Cho, Ohmae, and Yamada before him/her to try both of these predicable solutions, one of which is wherein a surface of the light-transmissive member (16) opposite to the substrate (200) is a curved surface, as recited in claim 8. Please see, MPEP 2143(E)—“Obvious To Try”—Choosing From a Finite Number of Identified, Predicable Solutions, With a Reasonable Expectation of Success.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of US 2009/0121236 A1 (Worley).
Regarding claim 9, Applicant may argue that Cho does not appear to explicitly disclose, wherein the first insulating layer has a light-transmitting property.
However, Cho does disclose that first insulating layer (157-3) may be formed of SiO2 ([0139]) and, in analogous art, Worley disclose that it was common knowledge to one of ordinary skill in the art before the effective filing date of the claimed invention that SiO2 can transmit light ([0027]).
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 Cho and Worley before him/her that fabricating first insulating layer (157-3) of Cho from SiO2, as disclosed by Cho, results in first insulating layer (157-3) having a light-transmitting property, as evidenced by Worley. Please see, MPEP—2144(I)—Rational May Be In A Reference, Or Reasoned From Common Knowledge In The Art, Scientific Principles, Art-Recognized Equivalents, Or Legal Precedent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
US 2020/0266326 (Ichikawa)—Discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a light-emitting device (light-emitting device (30); FIG. 4B [0027]) may include a substrate (substrate (20); FIG. 4B; [0027]) and a stacked body (stacked body (31); FIG. 4B; [0027]) having a first semiconductor layer of a first conductivity type (first semiconductor layer of a first conductivity type (31p); FIG. 4B; [0038]), a second semiconductor layer of a second conductivity type (second semiconductor layer of a second conductivity type (31n); FIG. 4B; [0038]), and a light-emitting layer (light-emitting layer (31t); FIG. 4B; [0038]) between first and second semiconductor layers (31p and 31n). Also discloses, a first electrode (first electrode (35); FIG. 4B; [0027]), a second electrode (second electrode (33); FIG. 4B; [0027]), an insulating layer (insulating layer (34); FIG. 4B; [0037]) having first and second portions, and a metal layer (metal layer (33); FIG. 4B; [0027]) provided over the first and second portions of the insulating layer (34).
US 2019/0378955 A1 (Kawaguchi)—Discloses that it was well-known to one of ordinary skill in the art before the effective filing date of the claimed invention that a light-emitting device (light-emitting device (1); FIG. 2; [0012]) may be predictably fabricated to include a second electrode (second electrode (31); FIG. 2; [0030]) and a fourth electrode (fourth electrode (31); FIG. 2; [0030) that are continuously and integrally provided.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Erik A. Anderson whose telephone number is (703) 756-1217. The Examiner can normally be reached Monday-Friday 8:30 a.m.-4:30 p.m. (Pacific Time Zone).
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, William B. Partridge, can be reached at (571) 270-1402. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/ERIK A. ANDERSON/Examiner, Art Unit 2812
/S M SOHEL IMTIAZ/Primary Patent Examiner
Art Unit 2812 09/27/2026
1 Please see the rejection of claim 1, above.
2 Please see the rejection of claim 5, above, under 35 U.S.C. 112(b).
Prosecution Insights