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 .
DETAILED ACTION
Election/Restrictions
Newly submitted claims 21-23 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claim 21 discloses a limitation “optical pump comprises III-N material.” The elected embodiment of Figs 3A-4A does not disclose the material composition of the IR emitting diode to be based on nitride.
Claim 22 discloses a limitation “optical pump is configured to illuminate said UV light emitter from said second side (n-side).” The elected embodiment of Figs 3A-4A clearly discloses the pump light 16 illuminating the UV emitter 44 only from the p-side 26.
Claim 23 discloses a limitation “pump light is provided to opposite sides of said UV light emitter to the first photoconductive layer (p-side) and to said second photoconductive layer (n-side).” The elected embodiment of Figs 3A-4A clearly discloses the pump light 16 illuminating the UV emitter 44 only from the p-side 26.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 21-23 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
Specification
The title of the invention as amended is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “IR pumped UV light emitter”
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 and 35 U.S.C. 103 that form the basis for the rejections under these sections 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 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.
Claims 1-9, 15-16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Stokes et al. (2005/0098796), hereinafter ‘796.
Regarding claim 1, Fig 3 of ‘796 discloses a light source for emitting ultraviolet (UV) light comprising:
1. “a UV light emitter [32] comprising:
a first photoconductive layer [p-AlGaN, hereinafter layer 1];
at least one quantum well [AlInGaN quantum well, hereinafter layer 2] having a band gap [Eg] configured to emit ultraviolet light [UV EL]; and
a second photoconductive layer [n-AlGaN, hereinafter layer 3]; and
at least one optical pump [30] configured to direct pump light to said UV light emitter [32],
said pump light having an energy less than the bandgap of said at least one quantum well [20% of bandgap energy, see claim 19 of ‘796],
said pump light configured to increase the conductivity of electrons and holes in said first and second photoconductive layers [layers 1,3] such that said electrons and holes propagate to said at least one quantum well [layer 2] resulting in the emission of UV light [UV EL].” See paragraph 0012 “the broad band light source is used to photoionize acceptor dopant atoms, thereby forming a non-equilibrium excess of holes in the valence band of the p-type material … identifying at least one wavelength to enhance carrier concentration includes observing an enhanced response of some aspect of the semiconductor device, i.e. the enhancement caused by the increased hole concentration in the p-type material” and paragraph 0021 “a plurality of electrons undergo photoexcitation from the valence band to acceptor levels … after being transported by diffusion and drift into the active layers of the device, the plurality of holes then recombine radiatively with electrons from the n-type layer, thereby generating higher intensity electroluminescence emission … semiconductor device 32 emits an ultraviolet electroluminescence.”
‘796 further discloses:
“wherein said first and/or second photoconductive layer [layers 1,3] comprises a binary compound”. Paragraph 0013 discloses “a group III nitride semiconductor device includes at least one group III material including Boron, Aluminum …” therefore AlN which is a binary compound, is either disclosed by the invention or would have been obvious to use instead of AlGaN for at least the purpose of adjusting the emission wavelength to be of the desired color. Also, AlN is well known in the art to be used with optoelectronic devices as evidenced by paragraph 0003.
It would have been obvious to one or ordinary skill in the art at the time the of the invention to make the device of these known materials/elements, since it has been held to be within the general skill of a worker in the art to select a known material/element on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
Regarding claims 2-9, 15 and 16, ‘796 further discloses:
2. “wherein said at least one quantum well [layer 2] is disposed between said first and second photoconductive layers [layers 1,3].”
3. “wherein said at least one optical pump [30] comprises an infrared pump [Infrared source].”
4. “wherein said first photoconductive layer, said second photoconductive layer, or both [layers 1,3] comprise semiconductor [p-AlN, n-AlN].”
5. “wherein said first photoconductive layer, said second photoconductive layer, or both comprise [layers 1,3] III-N material [p-AlN, n-AlN].”
6. “wherein said at least one quantum well [layer 2] comprises semiconductor [AlInGaN].”
7. “wherein said at least one quantum well [layer 2] comprises III-N material [AlInGaN].”
8. “wherein said first photoconductive layer, said second photoconductive layer, or both [layers 1,3] comprise aluminum nitride (AlN) [p-AlN, n-AlN].” See paragraph 0013
9. “wherein said first photoconductive layer and said second photoconductive layer [layers 1,3] comprise aluminum nitride (AlN) [p-AlN, n-AlN].” See paragraph 0013
15. “wherein said light source [32] comprises a light emitting diode (LED) or laser diode [LED].”
16. “wherein at least some of said electrons and holes combine in said at least one quantum well [layer 2] to produce said emission of UV light.” See paragraph 0021
Claim 14 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over ‘796, as applied to claim 1 above and further in view of Ishihara et al. (4,329,699) hereinafter ‘699.
‘796 discloses a light source for emitting ultraviolet (UV) light as described above, in addition Fig 3 clearly shows the pump light being transmitted to the photoconductive layers through the top surface which also contains electrodes. Fig 3 does not explicitly name a transparent or optically transmissive conductor layer. However, transparent conductive layers are well known in the art of semiconductor devices. They are commonly used in situations where the optical light needs to travel through the electrode of the semiconductor device unobstructed. This is evidenced by Fig 2 of ‘699, which discloses a photoconductive layer 6, transparent conductive layer 7, electrode 9 and input light 12.
Therefore, it is either inherent that the device of Fig 3 of ‘796 contains a transparent conductive layer or it would have been obvious to one of ordinary skill in the art to modify the device of ‘796 to use a transparent conductive layer as taught by ‘699, since the combination would yield the predictable result of not obstructing the pump light.
Thus, the claimed invention would have been obvious before the effective filing date of the claimed invention because “all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395.
Regarding claim 14, combination of Fig 3 of ‘796 and Fig 2 of ‘699 discloses:
14. “further comprising a transparent or optically transmissive conductor [7 of ‘699] disposed with respect to said at least one optical pump [30] and said first or second photoconductive layer [layers 1,3] such that pump light from said at least one optical pump [30] passes through said transparent or optically transmissive conductor [7 of ‘699] to said first or second photoconductive layers or both [layers 1,3].”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 14 filed on 4/14/2026 have been considered but are moot because of the new grounds of rejection.
In response to applicant’s traverse of official notice, ‘699 reference is provided.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s attention is drawn to the references cited on form PTO-892 in the previous office action which lists other references with similar features as the invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Info
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. A. GOLUB-MILLER whose telephone number is (571)272-8602. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached on (571) 272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A. Golub-Miller/Primary Examiner, Art Unit 2828
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