DETAILED ACTION
Notice to Applicant
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are pending.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
4. 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.
5. Claim 14 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Per claim 14, the limitation “the top surface of the light emitting element” lacks clarity because, claim 6, from which claim 14 depends, describes light emitting element rods as having a top surface and describes light emitting elements comprising the plurality of light emitting element rods, the protective layer, and the metal layer. Therefore, it is unclear if the limitation “the top surface of the light emitting element” refers to the top surface of the light emitting element rod of the light emitting element.
Claim Rejections - 35 USC § 102
6. 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.
7. Claims 16-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ogier (US 2026/0107609).
Per claim 16, Ogier teaches a light emitting element inspection device for inspecting illumination of a plurality of light emitting elements (Fig. 3A; LEDs 304; ¶59) on a growth substrate (Fig. 3A; growth substrate 306; ¶59), the light emitting element inspection device comprising:
a contact pad (Fig. 3B; anode test pad 316; ¶60) on the growth substrate and electrically connected to a metal layer (Fig. 3B; wiring pattern 314 connected to the anode test pad 316; ¶60) on side surfaces of the plurality of light emitting elements and a portion of the growth substrate on which none of the plurality of light emitting elements is located (The wiring pattern 314 connected to the anode test pad 316 is disposed on side surfaces of the LEDs 304 and a portion of the growth substrate 306 between LEDs 304 (Fig. 3B; ¶60)); and
a probe and a power application portion configured to apply a test power to a contact electrode (Fig. 3B; cathode test pad 318; ¶60) of the plurality of light emitting elements and the contact pad through the probe (A current source is connected to the anode test pad 316 and the cathode test pad 318 to apply a current to the LEDs 304 that illuminates the LEDs 304 (¶60)).
Per claim 17, Ogier teaches the device of claim 16, further comprising an image sensor on one side of the plurality of light emitting elements to acquire an image of light emitted from the plurality of light emitting elements; and a control portion for determining whether the plurality of light emitting elements is defective by comparing the image acquired by the image sensor with a reference image (Imaging and image processing are performed to determine LEDs that function correctly (¶60)).
Claim Rejections - 35 USC § 103
8. 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.
9. Claim 18 is rejected under 35 U.S.C. 103 as being obvious over Ogier in view of Naito et al. (US 2009/0230878 – hereinafter “Naito”).
Per claim 18, Ogier does not explicitly teach the device of claim 16, wherein a light emitting element from among the plurality of light emitting elements comprises a second semiconductor layer, a first semiconductor layer, and an active layer between the second semiconductor layer and the first semiconductor layer, and wherein the metal layer is in direct contact with the second semiconductor layer and is spaced from the contact electrode.
In contrast, Naito teaches a light-emitting element assembly comprising a plurality of light-emitting elements each having a first semiconductor layer 21, a second semiconductor layer 22, and an active layer 23 between the first semiconductor layer 21 and the second semiconductor layer 22. A first electrode 31 is in direct contact with the first semiconductor layer 21 (Fig. 2; ¶100).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Ogier such that the LEDs 304 each comprise a second semiconductor layer, a first semiconductor layer, and an active layer between the second semiconductor layer and the first semiconductor layer, wherein the wiring pattern 314 connected to the anode test pad 316 is in direct contact with the second semiconductor layer. One of ordinary skill would make such a modification for the purpose of providing GaN-based semiconductor light emitting elements (Naito; ¶100).
Allowable Subject Matter
10. Claims 1-13 and 15 are deemed allowable.
The following feature substantially disclosed in independent claims 1 and 6 is not believed to be taught or suggested by the prior art of record: “forming a protective layer covering a portion of a top surface and a portion of side surfaces of the plurality of light emitting element rods and a contact electrode on the protective layer; forming a metal layer on the side surfaces of the plurality of light emitting element rods and on a portion of the growth substrate on which none of the plurality of light emitting elements rods is located; forming a contact pad connected to the metal layer on the growth substrate; and applying a test power to the contact electrode and the contact pad.”
Claim Objections
11. Claims 19-20 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.
Per claim 19, the prior art of record is silent on the device of claim 18 wherein, in particular, the light emitting element further comprises a protective layer around a top surface and a side surface of the first semiconductor layer and a side surface of the active layer, wherein the protective layer includes a through hole in a portion on the top surface of the first semiconductor layer of the protective layer, and wherein the contact electrode is electrically connected to the first semiconductor layer through the through hole. Claim 20 is consequently objected to due to its dependence on claim 19.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAS A. SANGHERA whose telephone number is (571)272-4787. The examiner can normally be reached M-Th, alt. Fri, 8-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, WALTER LINDSAY can be reached at (571) 272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAS A SANGHERA/Primary Examiner, Art Unit 2852
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