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 .
Remarks
The 06/29/2026 amendment of claim 1 is noted and entered.
Response to Arguments
Applicant’s arguments, see Remarks pages 8-12, filed 06/29/2026, with respect to the rejection of claims 1-8 and 13-19 under non-statutory double patenting have been fully considered and are persuasive. Therefore the double patenting rejections of record are withdrawn. However, different rejections of instant claims 16-19 under 35 U.S.C. 112(b), 102 and 103 are detailed below.
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 16-17 and all the claims dependent on them (claims 18-19) are rejected under 35 U.S.C. 112(b):
Regarding claim 16; claim 16 is an apparatus claim that incorporates all of the limitation of the method of claim 1. Claim 1, line 7 recites “a coupling recess”. Claim 16 line 5 recites “a coupling recess”. Later, claim 16, line 6 recites “the coupling recess”. It is unclear if this limitation is referencing the coupling recess of claim 1 or claim 16.
Regarding claim 17; claim 17 is dependent on claim 16. Claim 17, in line 3, recites the limitation “in the coupling recess”. Since claim 17 is dependent on claim 16, indefinite claim language recited in claim 16 creates a confusion as to which coupling recess is being referenced by this limitation in claim 17. Thus, it is impossible to determine the metes and bounds of the claim.
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.
(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 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shim et al, KR 20190075869 A (Shim).
Regarding claim 16; Shim teaches the light-emitting apparatus (Shim: Fig (1): Display Device 100) comprising:
a target substrate (Annotated Fig (15) shared in this OA: 1010);
an insulating layer (1030) formed on the target substrate (1010), the insulating layer (1030) comprising a coupling recess (1050);
a T-shaped light-emitting rod (1201, 1202, 1203) received in the coupling recess (1050) and laid and aligned in a lateral direction (Y-direction),
the T-shaped light-emitting rod (Fig (12): 1200) comprising a first conductive semiconductor layer (1210), an active layer (1220), and a second conductive semiconductor layer (1230);
a first electrode (Annotated Fig (15) shared in this OA: First Electrode) connected to the first conductive semiconductor layer (First Conductive Semiconductor Layer); and
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a second electrode (Second electrode) connected to the second conductive semiconductor layer (Second Conductive Semiconductor Layer).
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Given that claim 16 is a product -by-process claim because it recites a product (“A light emitting apparatus”) and the process of making the product (“manufactured according to the method of claim 1”). And given the fact that MPEP 2113(I) recites: “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.”, claim 16 has been rejected using the prior art reference indicated above while the production method steps and limitations have not been considered in accordance with MPEP 2113(I) guidance.
Regarding claim 17; Shim teaches all the limitations of the light-emitting apparatus according to claim 16.
Further, Shim teaches wherein the T-shaped light-emitting rod (Shim: Fig (18): 1200) is provided in plural such that each of the T-shaped light- emitting rods (1200) is aligned in the coupling recess (Fig (17): 1050), and the T-shaped light-emitting rods (Fig (12): 1200) comprise active layers (1220) having the same emission wavelength or different emission wavelengths (Page: 7 Lines: 4-5 of the copy of the translation of the specification of Shim attached to this OA: “(R), green (G), and blue (B) unit pixels may be implemented by combining the semiconductor light emitting device 150 and the quantum dot QD instead of the fluorescent material”).
Regarding claim 18; Shim teaches all the limitations of the light-emitting apparatus according to claim 17.
Further, Shim teaches wherein the T-shaped light-emitting rods (Shim: Fig (18): 1200) are configured: to be aligned on the target substrate (1010) in a straight array in the same direction; to be aligned on the target substrate in a straight array in opposite directions; or to be aligned radially on the target substrate (see Fig (18) for the alignment of the T-shaped light-emitting rods).
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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.
Rejection Note: Italicized claim limitations indicate limitations that are not explicitly disclosed in the primary reference, but disclosed in the secondary reference(s).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Shim et al, KR 20190075869 A (Shim) in view of Oh et al, US 20200220049 A1 (Oh).
Regarding claim 19; Shim teaches all the limitations of the light-emitting apparatus according to claim 17
Shim teaches wherein a lens portion is further formed on the T-shaped light-emitting rod (Shim: Fig (12): 1200).
However, Shim does not teach wherein a lens portion is further formed on the T-shaped light-emitting rod.
Oh teaches wherein a lens portion (Oh: Fig (16): 2210) is formed on the light-emitting rod (2160).
Shim and Oh are considered analogous art. Thus, it would have been obvious, prior to the effective filing date of the instant application, to a person having ordinary skill in the art, to modify Shim by forming a lens on the light-emitting rod to improve the collection and emission of light from the display device leading to a better performing display.
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Allowable Subject Matter
Claims 1-8 and 13-15 are allowable. The following is an examiner’s statement of reasons for allowance:
Prior art does not disclose, alone or in combination along with, the following highlighted limitations of independent claim 1.
Regarding claim 1; Available art such as, Shim teaches a method of manufacturing a light-emitting apparatus, the method comprising: forming a T-shaped light-emitting rod comprising a first conductive semiconductor layer, an active layer, and a second conductive semiconductor layer; forming a sacrificial layer on a support substrate and forming an insulating layer on the sacrificial layer; forming a coupling recess in the insulating layer, coupling the T-shaped light-emitting rod to the coupling recess, and laying and aligning the T-shaped light-emitting rod on the support substrate in a lateral direction; forming a first electrode connected to the first conductive semiconductor layer of the aligned T-shaped light-emitting rod and forming a second electrode connected to the second conductive semiconductor layer to form a T-shaped light-emitting rod structure.
However, Shim alone or in combination with other available art does not teach transferring the T-shaped light-emitting rod structure to a target substrate; and removing the sacrificial layer and removing the support substrate, wherein the step of laying and aligning the T-shaped light-emitting rod on the support substrate in the lateral direction comprises: a first process of forming a sacrificial layer on the support substrate, forming a second insulating layer thereon, forming a first coupling recess in the second insulating layer such that a first T-shaped light-emitting rod can be aligned in the lateral direction, and aligning the first T- shaped light-emitting rod in the first coupling recess, a second process of shielding the first T-shaped light-emitting rod with the second insulating layer, forming a second coupling recess in an adjacent region, and aligning a second T-shaped light-emitting rod having a different active layer from the first T-shaped light-emitting rod in the second coupling recess, a third process of shielding the second T-shaped light-emitting rod with the second insulating layer, forming a third coupling recess in an adjacent region, and aligning a third T- shaped light-emitting rod having a different active layer from the first and second T-shaped light- emitting rods in the third coupling recess, whereby pluralities of first, second, and third T-shaped light-emitting rods having different emission wavelengths are simultaneously aligned on the support substrate by the first process, the second process, and the third process, respectively in a manner that can be reasonably combined with the limitations listed above.
Claims 2-8 and 13-15 are allowed for their dependence on an allowed base claim.
Conclusion
Prior art made of record but not relied upon is considered pertinent to applicant’s disclosure:
Saketi et al, US 20190259643 A1 (Saketi); discloses a transfer method to transfer light emitting structures to a target substrate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moataz Khalifa whose telephone number is (703)756-1770. The examiner can normally be reached Monday - Friday (8:30 am - 5:00).
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/M.K./ Examiner, Art Unit 2817
/Kretelia Graham/ Supervisory Patent Examiner, Art Unit 2817
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