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 .
Claim Objections
Claim 4 is objected to because of the following informalities: the last limitation in claim 4, “-LEDs” appears to be a typographical error. Appropriate correction is required.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims i.e. duplicate claim 21, has been renumbered 22. Therefore, claims 21-22 are renumbered 22-33.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-3, and 6-7 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-24 of prior U.S. Publication No: 2024/0405061 (061). This is a statutory double patenting rejection.
Regarding claim 1, (061) discloses (claim 1) a micro-light emitting diode (LED) structure, comprising: a substrate; and at least one micro-LED formed above the substrate, wherein the at least one micro-LED comprises: a metal layer formed above the substrate; a light emitting layer formed above the metal layer; an insulating layer covering the micro-LED and including an opening exposing a portion of the light emitting layer; and a transparent conductive layer above the insulating layer and electrically connected to the light emitting layer via the opening of the insulating layer (claim 1).
Regarding claim 2, (061) discloses a micro-lens formed above the micro-LED (claim 2).
Regarding claim 3, (61) discloses the micro-lens is vertically aligned with the micro-LED (claim 2).
Regarding claim 6, (061) discloses a profile of the light emitting layer vertically projected on a top surface of the substrate is surrounded by a profile of the metal layer vertically projected on the top surface of the substrate (claim 4).
Regarding claim 7, (061) discloses the insulating layer includes a protrusion protruding in a direction away from the substrate, the protrusion surrounding the opening of the insulating layer (claim 5).
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) 1-4, 6-9, 21-27 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsia et al., US 20120181568.
Regarding claim 1, Hsia discloses (figs. 1-5 and related text) a micro-light emitting diode (LED) structure (100), comprising: a substrate (126); and at least one micro-LED (102) formed above the substrate (126), wherein the at least one micro-LED comprises: a metal layer (136) formed above the substrate (126); a light emitting layer (112) formed above the metal layer (136); an insulating layer (140) covering the micro-LED (102) and including an opening (142) exposing a portion of the light emitting layer (112); and a transparent conductive layer (144, [0021]) above the insulating layer and electrically connected to the light emitting layer (112) via the opening (142) of the insulating layer (140).
Regarding claim 2, Hsia discloses a micro-lens/lens (148) formed above the micro-LED (fig. 5).
Regarding claim 3, Hsia discloses the micro-lens/lens (148) is vertically aligned with the micro-LED (102, fig. 5).
Regarding claim 4, Hsia discloses a plurality of the micro-LEDs (fig. 5); a plurality of the micro-lenses (148, fig. 5); and a transparent isolation layer (146, phosphor) above the plurality of micro-LEDs (102), and formed between the plurality of micro-lenses (148) and the plurality of micro-LEDs (102).
Regarding claim 6, Hsia discloses a profile of the light emitting layer (112) vertically projected on a top surface of the substrate is surrounded by a profile of the metal layer (144, partially surround) vertically projected on the top surface of the substrate (fig. 5).
Regarding claim 7, Hsia discloses the insulating layer (140) includes a protrusion protruding in a direction away from the substrate, the protrusion surrounding the opening of the insulating layer (fig. 5).
Regarding claim 8, Hsia discloses the insulating layer (140) includes at least one step structure (fig. 5) corresponding to the metal layer (144).
Regarding claim 9, Hsia discloses the plurality of the micro-LEDs are arranged side by side (fig. 5).
Regarding claim 21, Hsia discloses the substrate (126) comprises: a drive circuit configured to control the at least one micro-LED (102); and an interconnection layer (132) electrically connected to the metal layer (136) of the at least one micro-LED ([0013]).
Regarding claim 22, Hsia discloses the metal layer (136) contacts (electrical) an entirety of a bottom surface of the light emitting layer (112).
Regarding claim 23, Hsia discloses the insulating layer (140) is formed at least at a sidewall of the at least one micro-LED (102, fig. 5).
Regarding claim 24, Hsia discloses the insulating layer (140) is further formed on a surface of the sidewall of the metal layer (136, fig. 5).
Regarding claim 25, Hsia discloses the insulating layer (140) is further formed on the substrate (126) at a side of the metal layer (136).
Regarding claim 26, Hsia discloses the light emitting layer comprises multiple layers ([0010], multiple quantum well (MQW)).
Regarding claim 27, Hsia discloses the insulating layer (140) continuously convers the plurality of micro-LEDs (fig. 5).
Regarding claim 29, Hsia discloses a size of a top surface area of the metal layer (136) is greater than a size of a bottom surface area of the light emitting layer (112, fig. 5).
Regarding claim 33, Hsia discloses a bottom of the transparent conductive layer (144) is lower than a bottom surface of the light emitting layer (112).
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.
Claim(s) 5, 10-12, 28 and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Hsia in view of West et al., US 2012/0112220.
Regarding claim 5, Hsia does not explicitly disclose the transparent isolation layer includes an exposed surface formed between adjacent micro-lenses and not covered by the plurality of micro-lenses.
West discloses (fig. 11 and related text) a transparent isolation layer (138, [0066]) includes an exposed surface (sidewall 138, fig. 11) formed between adjacent micro-lenses (139) and not covered by the plurality of micro-lenses (139) in order to produce a low-cost LED light source with improved light extraction characteristics [0002].
Hsia and West are analogous art because they both are directed to light emitting device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Hsia with the specific features as taught by West because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to modify Hsia to include the transparent isolation as taught by West in order to produce a low-cost LED light source with improved light extraction characteristics [0002].
Regarding claim 10, Hsia does not explicitly disclose a light-isolating wall formed on the transparent conductive layer between adjacent micro-LEDs.
West discloses a light-isolating wall (135) formed on the transparent conductive layer between adjacent micro-LEDs (121/136) in order to produce a low-cost LED light source with improved light extraction characteristics [0002].
Hsia and West are analogous art because they both are directed to light emitting device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Hsia with the specific features as taught by West because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to modify Hsia to include the light isolation wall as taught by West in order to 135produce a low-cost LED light source with improved light extraction characteristics [0002].
Regarding claim 11, Hsia as modified by West a height of the light-isolating wall (135) is greater than or equal to a height of the adjacent micro-LEDs (fig. 11).
Regarding claim 12, Hsia as modified by West discloses the light isolating wall (West, 135) is formed under the exposed surface of the transparent isolation layer (West, 138).
Regarding claim 28, Hsia as modified by West disclose wherein the light-isolating wall (135) is formed of non-transparent material or metal (reflective layer, [0065], West).
Regarding claim 32, Hsia as modified by West discloses a bottom of the light isolating wall (West,135) is lower than a bottom surface of the light emitting layer (121, West).
Claim(s) 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hsia in view of Hiroyama, 2009/0166644.
Regarding claim 13, Hsia does not disclose wherein the plurality of the micro-LEDs are configured to emit light having the same color.
Hiroyama (fig. 1 and related text) discloses the plurality of the micro-LEDs are configured to emit light having the same color ([0089], white light) in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Hsia and Hiroyama are analogous art because they both are directed to light emitting device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Hsia with the specific features as taught by West because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to modify Hsia to include the micro-LEDs as taught by Hiroyama in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Regarding claim 14, Hsia does not disclose the plurality of the micro-LEDs are configured to emit light having different colors.
Hiroyama discloses the plurality of the micro-LEDs are configured to emit light having different colors [0097] in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Hsia and Hiroyama are analogous art because they both are directed to light emitting device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Hsia with the specific features as taught by West because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to modify Hsia to include the micro-LEDs as taught by Hiroyama in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Regarding claim 15, Hsia does not disclose the plurality of the micro-LEDs are arranged in an array.
Hirayama discloses the plurality of the micro-LEDs are arranged in an array [0151] in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Hsia and Hiroyama are analogous art because they both are directed to light emitting device and one of ordinary skill in the art would have had a reasonable expectation of success to modify Hsia with the specific features as taught by West because they are from the same field of endeavor.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to modify Hsia to include the array of micro-LEDs as taught by Hiroyama in order to provide a monolithic light emitting device that is excellent in color tone stability [0010].
Regarding claim 16, Hsia as modified by Hirayama disclose each one of the plurality of the micro-LEDs is configured to emit light with a color selected from red, green, blue, yellow, orange, and cyan ([0097], [0107]).
Regarding claim 17, Hsia as modified by Hirayama disclose a pixel is formed by an array of the plurality of the micro-LEDs ([0151]) or by one of the plurality of the micro-LEDs.
Claim(s) 18-20 and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over Hsia.
Regarding claims 18-20, Hsia does not explicitly disclose a pitch between adjacent micro- LEDs is less than 5 µm, the plurality of the micro-LEDs are formed to have the same size or the plurality of the micro-LEDs are formed to have different sizes.
Parameters such as size and pitch in the art of semiconductor process are subject to routine experimentation and optimization to achieve the desired device characterization during fabrication.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to adjust modified structure Hsia as claimed in order to design a light emitting device.
Regarding claims 30-31, Hsia does not explicitly disclose a size of a top surface area of the metal layer is the same as a size of a bottom surface area of the light emitting layer or the opening of the insulating layer exposes an entirety of a top surface of the light emitting layer.
Parameters such as size and pitch in the art of semiconductor process are subject to routine experimentation and optimization to achieve the desired device characterization during fabrication.
It would have been obvious to one of ordinary skill in the art, on the effective filing date of the claimed invention, to adjust the structure Hsia as claimed in order to design a light emitting device that requires such specific requirement.
Conclusion
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/SAMUEL A GEBREMARIAM/Primary Examiner, Art Unit 2811