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 .
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1 & 5 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, & 9 of U.S. Patent No. US Patent 12,148,740 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1, A device, comprising: a substrate; a plurality of semi-conductors disposed on the substrate, wherein each one of the plurality of semi-conductors comprises a P-type semi-conductor and an N-type semi-conductor; and an insulating layer disposed on the plurality of semi-conductors, wherein the insulating layer directly connects adjacent two of the plurality of semi-conductors( claim 1 or claim 9 of US Patent 12,148,740 B2).
Claim 5, The device as claimed in claim 1, wherein the insulating layer has a
sidewall profile in a cross-sectional view, and at least a part of the sidewall profile of
the insulating layer is in a shape of a curve( 3 of US Patent 12,148,740 B2).
.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okayama (US Pub no. 2012/0169786 A1)
Regarding claim 1, Okayama et al discloses A device, comprising: substrate(210-1,[0123-0124], fig. 32/fig. 33 /fig, 15a/15b); a plurality of semi-conductors(10B,10R,10G,[0066][0127], fig. 32/fig.33/fig. 15a) disposed on the substrate(210-1,[0123-0124][0127], fig. 32/fig. 33 /fig, 15a/15b), wherein each one of the plurality of semi-conductors (10B,10R,10G,[[0066][0127], fig. 32/fig.33/fig. 15a)comprises a P-type semi-conductor and an N-type semi-conductor(Examiner notes that Okayama et al teaches a laminated structure in which a first conductivity type(11,[0066][0068], fig. 2, fig. 15a/15b) an active layer 12 and a second conductivity type(13,[0066][0068], fig. 2, fig. 15a/15b) are laminated in order therefore at least one of the conductivity types is P-type and at least one of the conductivity types is N- type); and an insulating layer (20, [0069-0070][0103], fig. 15a/fig. 15b)disposed on the plurality of semi-conductors(10B,10R,10G,[0066][0103][0127], fig. 32/fig.33/fig. 15a), wherein the insulating layer(20, [0069-0070][0103], fig. 15a/fig. 15b) directly connects adjacent two of the plurality of semi-conductors(10B,10R,10G,[0066][0127], fig. 32/fig.33/fig. 15a)
Regarding claim 2, Okayama et al discloses further comprising a first electrode (30,[0073], fig. 15a/fig. 15b) disposed on a part of the N-type semi-conductor(11 or 13, fig 15a/15b)(Examiner notes that Okayama et al teaches a laminated structure in which a first conductivity type(11,[0066][0068], fig. 2, fig. 15a/15b) an active layer 12 and a second conductivity type(13,[0066][0068], fig. 2, fig. 15a/15b) are laminated, therefore at least one of the conductivity types is P-type and at least one of the conductivity types is N- type; since electrode 30 extends under and covers the side of light emitting element 10, the electrode is disposed on a part of the N-type semi-conductor fig. 15b) .
Regarding claim 3, Okayama et al discloses wherein the first electrode (30,[0073], fig. 15a/15b)has a sidewall profile in a cross-sectional view, and at least a part of the sidewall profile of the first electrode(30,[0073][0103], fig. 15a/15b, insulating layer 20 has an inclined surface(20d) in a negative direction[0103], the electrode 30 is disposed on the base of 20 and conforms to the insulating layer(20) at the point where it rises, thereby forming a curved profile at the transition between the base and the inclined surface(20D)) is in a shape of a curve.
Regarding claim 4, Okayama et al discloses wherein the insulating layer (20, [0070][0103], fig. 15a/fig. 15b)is disposed on the N-type semi-conductor, a part of the P-type semi-conductor)(Examiner notes that Okayama et al teaches a laminated structure in which a first conductivity type(11,[0066][0068], fig. 2, fig. 15a/15b) an active layer 12 and a second conductivity type(13,[0066][0068], fig. 2, fig. 15a/15b) are laminated, therefore at least one of the conductivity types is P-type and at least one of the conductivity types is N- type) and the first electrode(30,[0073], fig. 15a/15b).
Regarding claim 5, Okayama et al discloses wherein the insulating layer (20, [0070][0103], fig. 15a/fig. 15b) has a sidewall profile in a cross-sectional view, and at least a part of the sidewall profile of the insulating layer(20, [0070][0103], fig. 15a/fig. 15b) is in a shape of a curve.
Regarding claim 6, Okayama et al discloses further comprising a second electrode (40, [0073],fig. 15b)disposed on the insulating layer(20, [0070][0103], fig. 15a/fig. 15b) and in contact with the P-type semi- conductor(Examiner notes that Okayama et al teaches a laminated structure in which a first conductivity type(11,[0066][0068], fig. 2, fig. 15a/15b) an active layer 12 and a second conductivity type(13,[0066][0068], fig. 2, fig. 15a/15b) are laminated, therefore at least one of the conductivity types is P-type and at least one of the conductivity types is N- type, therefore electrode 40 is electrically in contact with the p-type semiconductor).
Regarding claim 7, Okayama et al discloses wherein an upper surface of the insulating layer(20, [0070][0103], fig. 15a/fig. 15b) is lower than an upper surface of the second electrode(40, [0073],fig. 15b).
Regarding claim 8, Okayama et al discloses wherein the second electrode(40, [0073],fig. 15b) further extends to a sidewall of the insulating layer(20, [0070][0103], fig. 15a/fig. 15b).
Allowable Subject Matter
Claims 9-10 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.
With regards to claim 9, the limitations of further comprising a connection
structure comprising a second N-type semi-conductor, a third electrode, the insulating
layer and a fourth electrode disposed on a non-display area of the substrate, wherein
the third electrode is disposed on the second N-type semi-conductor, the insulating
layer is disposed on the third electrode, and the fourth electrode is disposed on the
insulating layer and in contact with the third electrode was not found in prior art. Claim 10 is objected to since it depends from claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATANYA N CRAWFORD EASON whose telephone number is (571)270-3208. The examiner can normally be reached Monday-Friday 8:30 AM-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven B Gauthier can be reached at (571)270-0373. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LATANYA N CRAWFORD EASON/Primary Examiner, Art Unit 2813
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