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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/26/2025 has been entered.
Response to Amendment
Examiner acknowledges the amendments made to claim 1. Claim 3 stands cancelled. No new claims have been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,2 and 4-9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The previous rejection of claims 1,2 and 4-9 under 35 USC 112(b) have been withdrawn in light of the amendments made to claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Miyake et al. (hereinafter Miyake) (US 20090267100 A1) in view of Ishizawa et al. (hereinafter Ishizawa) (US 20200041889 A1) and further in view of Chu et al. (hereinafter Chu) (US 5712188 A).
Regarding claim 1, Miyake discloses in Figs. 4 and 9 (Fig. 4 shows detailed
view of singular column and figure 9 shows device with plurality of columns shown in Fig. 4)
A light emitting apparatus [Fig. 9] comprising:
a substrate [11 Fig. 4]; and (Para. [0090])
a laminated structure [12 Fig. 4] provided at a substrate surface [top of 11,
substrate (11-2-2 plane) Fig. 4] (Para. [0089]) of the substrate [11 fig. 4] and including a
plurality of columnar sections [30] (plurality shown in Fig. 9),
wherein the columnar sections [30 Fig. 4] each include a light emitting layer [14
Fig. 4] (Para. [0090]),
the light emitting layer [14 Fig. 4] has a first end [bottom of 14 Fig. 4] facing the
substrate [11 Fig. 4] and a second end [top of 14 Fig. 4] facing away from the substrate
[11 Fig. 4],
a first cross section [taken along bottom of 14 Fig. 4] of each of the columnar
sections [30] taken along directions perpendicular [planes taken left and right Fig. 4] to a
lamination direction [vertical, shown by C2 Fig. 4] of the laminated structure includes the first end [connection of layer 13 and layer 14 Fig. 4], (Para. [0090])
a second cross section [taken along top of 14 Fig. 4] of each of the columnar
sections [30 Fig. 4] taken along the directions perpendicular [planes taken left and right Fig. 4] to the lamination direction [vertical, shown by C2 Fig. 4] is a cross section that is
part of the light emitting layer [14 Fig. 4] and located at a position shifted from the first
cross section [bottom of 14 Fig. 4] toward the side away [higher above the substrate 11
Fig. 4] from the substrate [11 Fig. 4] in the lamination direction, and in a plan view
viewed in the lamination direction [from above], a position of a center of the first cross
section [taken along bottom of 14 Fig. 4] differs from a position of a center of the second
cross section [taken along top of 14 Fig. 4], and
in the plan view viewed in the lamination direction, the first cross section [taken
along bottom of 14 Fig. 4] and the second cross section [taken along top of 14, Fig. 4]
do not partially coincide with each other,
the light emitting layers [3 Fig. 4] each include a well layer (Para. [0070])
The first cross section taken at the bottom of layer [14] in figure 4 has a larger
width in the left and right directions with the center of the first cross section being more
shifted to the right as the taper of the facets [12a] and [12b] incline upward away from
the substrate [11] as shown in figure 4 with the right facet [12a] having a larger
inclination angle than the left facet [12b] (Para. 0093]) further causing a more rightward
shift as the width increases. Therefore, in a plan view viewed in the lamination direction
(from above), the position of a center of the first cross section differs from a position of a
center of the second cross section in at least the left and right direction.
The first and second cross sections taken at their respective positions described
in the rejection above are taken in the directions of left and right in the (B) directions of
figure 4 as well as into the page through the device at each position described.
Therefore, the cross-section planes taken at these positions are parallel to each
other and the first cross section can’t coincide with the second cross section as they
never touch. Further, the inclination of both facets [12a] and [12b] cause the two cross
sections to have differing edge positions from each other when viewed from above.
Miyake fails to disclose,
the well layer is disposed close to one side face of the light emitting layer in a direction parallel to the substrate surface than to another side face of the light emitting layer in the direction parallel to the substrate surface, and
the one side face of the light emitting layer is inclined away from the well layer from the first cross section , and the another side face of the light emitting layer is inclined toward the well layer from the first cross section
Ishizawa discloses in figure 1,
well layers [34a] surrounded by barrier [34b]
(The band gap of the first portion 34a seen as the well portion is lower than the band gap of the second portion 34b seen as the barrier Ishizawa Para. [0048])
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to implement the well layer structure shown in
Ishizawa into the emission layer of Miyake for the purpose of having smaller variations
in a wavelength of the emitted light and having light with a high pure color property to be
emitted. (Ishizawa Para. [0062])
Examiner notes that due to the tapered edges [12a] and [12b] of Miyake, when the well structure of Ishizawa is implemented into the emission layer of Miyake in the same manner as shown in Ishizawa Fig. 1, the well layer [34a Ishizawa] will be disposed closer to one side face of the light emitting layer [surface 12b Fig. 4 Miyake] in a direction parallel to the substrate surface [direction left and right Miyake] than to the other side face of the light emitting layer [surface 12a Fig. 4 Miyake] in the direction parallel to the substrate surface as the tapered edge [12a Fig. 4 Miyake] has a larger inclination angle than the edge [12b Fig. 4 Miyake] (Miyake Para. [0093]), thus placing the edge [12a] farther from the middle of the device where the well layers are shown to be formed [Ishizawa Fig. 1].
Miyake in view of Ishizawa fails to disclose,
the one side face of the light emitting layer is inclined away from the well layer from the first cross section , and the another side face of the light emitting layer is inclined toward the well layer from the first cross section
Chu discloses,
a side face [left side face of b Fig. 3] (Col. 4, lines 14-27) of a light emitting layer [b Fig. 3] (Col. 4, lines 14-27) inclined in a first direction [inclining left Fig. 3] in a first cross section, and another side face [right side face of b Fig. 3] of the light emitting layer [b Fig. 3] (Col. 4, lines 14-27) inclined in the same direction as the first direction [both side faces inclining to the left Fig. 3]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the inclined active layer structure of Chu with the active layer of the modified device of Miyake for the purpose of allowing control of a desired direction of polarization. (Chu Col. 4, lines 14-18 and 35-43)
Examiner notes that when the rhombus shape of the inclined active region of Chu is implemented into the modified device of Miyake, one side face will be inclining away from the well layers as shown in Ishizawa and a side face on an opposite side of the well layers will be inclined in the same direction, therefore inclining toward the well layer shown in Ishizawa.
Regarding claim 2, Miyake in view of Ishizawa and Chu as applied to claim 1 above further discloses in Miyake and Chu,
wherein the second cross section [Chu top of b Fig. 3] includes the second end
[Miyake connection of 14 of 15 Fig. 4].
Active layer [b] of Chu implemented in the same position as shown with active layer [14] of Miyake in regard to relationships of first and second semiconductor layers.
Regarding claim 4, Miyake in view of Ishizawa and Chu as applied to claim 1 above further discloses in Miyake and Chu,
wherein the columnar sections [Miyake 30 Fig. 4] each include a first semiconductor layer [Miyake 13 Fig. 4], and
a second semiconductor layer [Miyake 15 Fig. 4] different from the first semiconductor layer [Miyake 13 Fig. 4] in terms of conductivity type (Miyake Para. [0090]),
the light emitting layer [Chu b Fig. 3] is provided between the first
semiconductor layer [Miyake 13 Fig. 4] and the second semiconductor layer [Miyake 15 Fig. 4], and
the first semiconductor layer [Miyake 13 Fig. 4] is provided between the substrate [Miyake 11 Fig. 4] and the light emitting layer [Chu b Fig 3].
Active layer [b] of Chu implemented in the same position as shown with active layer [14] of Miyake in regard to relationships of first and second semiconductor layers.
Regarding claim 5, Miyake in view of Ishizawa as applied to claim 1 above further discloses in Miyake and Chu,
an electrode [Miyake 18 Fig. 4] (Para. [0094]) provided on an opposite side [Miyake top of
column 30 Fig. 4] of the laminated structure [Miyake 12 Fig. 4] from the substrate [Miyake 11 Fig. 4],
wherein the second semiconductor layers [Miyake 15 Fig. 4] each have a third end facing
the substrate [Miyake bottom of 15 towards 11 Fig. 4] and a fourth end facing the electrode [Miyake top of 15 towards 18 Fig. 4], and
an inclination angle of a second straight line [Miyake line between the top of 15 and bottom of 15 Fig. 4] with respect to a perpendicular [vertical direction] to the substrate surface [Miyake (11-2-2) Plane of 11 Fig. 4], the second straight line passing through a center of a third cross section [Miyake taken along bottom of 15 Fig. 4] of each of the columnar sections [Miyake 30 Fig. 4] taken along the perpendicular directions and including the third end [Miyake bottom of 15 adjacent to 14 Fig. 4] and a center of a fourth cross section [Miyake taken along top of 15 Fig. 4] of the columnar section taken along the perpendicular directions and including the fourth end [Miyake top of 15 adjacent to 16 Fig. 4], is smaller than an inclination angle of a first straight line with respect to the perpendicular to the substrate surface [Miyake (11-2-2) Plane of 11 Fig. 4], the first straight line passing through the center of the first cross section [Chu, taken along bottom of b Fig. 3] and the center of the second cross
section [Chu, taken along top of b Fig. 3].
Para. [0092] of Miyake discloses that the facets [12a and 1b] incline at about 32 degrees and about 26 degrees (respectively). Col. 4, lines 31-34 of Chu states the inclination angle of the active region can reach up to 45 degrees. Therefore, when the inclination of 45 degrees of the active region is used as shown in Chu, the inclination angle between a top surface and bottom surface of the upper semiconductor layer of Miyake must be smaller than an inclination angle between a top surface and a bottom surface of the inclined layer shown in Chu Fig. 3.
Active layer [b] of Chu implemented in the same position as shown with active layer [14] of Miyake in regard to relationships of first and second semiconductor layers.
Regarding claim 6, Miyake in view of Ishizawa and Chu as applied to claim 1 above further discloses in Miyake,
wherein the first semiconductor layers [13 Fig. 4] each have a c surface [top
surface of 13 Fig. 4], and
when viewed in the lamination direction, a center of the c surface [top
surface of 13 Fig. 4] is shifted from a center of a fifth cross section [cross section taken
along top of 13 extending through 17a on each side Fig. 4] of each of the columnar
sections [30 Fig. 4] taken along the perpendicular directions and including the center of
the c surface [top surface of 13 Fig. 4].
For the purposes of examination in the instant application, the “c surface” of the
first semiconductor layer is interpreted as a planar surface that is parallel to the main
surface of the substrate [11] and intersecting the (000-1) c-plane.
The c surface only includes the top of layer [13] shown in figure 4 and does not
include the additional insulating film [17a]. The fifth cross section is taken along the
same plane as the c surface and includes the additional insulating layer [17a] on both
the left and right sides of the device. The position of a center of the c surface must differ
from the position of a center of the fifth cross section at least in the left and right
direction due to the tapered edges of the facets [12a] and [12b] causing the center of
the c surface to shift to the right side toward the more inclined facet [12a] (Para. 0093]), therefore varying from the center of the fifth cross section which is located at the middle
of the device.
Regarding claim 7, Miyake in view of Ishizawa and Chu as applied to claim 1 above further discloses in Miyake,
wherein in a sixth cross section [cross section view taken in lamination direction
of the column 30 Fig. 4] of each of the columnar sections [30 Fig. 4] taken along the
lamination direction [vertical direction shown by C2 Fig. 4] and including the center of
the c surface [top surface of 13 Fig. 4], the first semiconductor layer [13 Fig. 4] has a
first facet surface [12a Fig. 4], and a second facet surface [12b Fig. 4] different from the
first facet surface [12a Fig. 4] in terms of an inclination angle with respect to the c
surface [top surface of 13 Fig. 4]. (Para. [0092,0093])
Regarding claim 8, Miyake in view of Ishizawa and Chu as applied to claim 1 above further discloses,
Wherein the light emitting layers each include a barrier layer [Ishizawa 34b Fig. 1]
the well layer [Ishizawa 34a Fig. 1] has a fifth end [Ishizawa bottom of 34a Fig. 1] facing the substrate [Miyake 11 Fig. 4] and a sixth end [Ishizawa top of 34a Fig. 1] facing away from the substrate [Miyake 11 Fig. 4], and
an inclination angle of a third straight line with respect to a perpendicular to the
substrate surface [Miyake (11-2-2) Plane Fig. 4], the third straight line passing through a
center of a seventh cross section [Ishizawa center of the bottom of layer 34a Fig. 1] of each of the columnar sections taken along the perpendicular directions and including the fifth end [Ishizawa bottom of 34a Fig. 1] and a center of an eighth cross section [Ishizawa center of the top of layer 34a Fig. 1] of the columnar section taken along the perpendicular directions
and including the sixth end [Ishizawa top of 34a Fig. 1], is smaller than an inclination angle of a first straight line with respect to the perpendicular to the substrate surface, the first straight line passing through the center of the first cross section [Chu taken along bottom of b Fig. 3] and the center of the second cross section [Chu taken along top of b Fig. 3].
Since the well layers [34a] shown in Ishizawa do not include tapers that vary the
positions of the center of the well layers from the top and bottom of the respective wells
[34a], the inclination angle would be essentially zero as there would be no inclination
between the top and bottom of each of the well layers shown in Ishizawa. Therefore, an
inclination angle of a third straight line must be smaller than an inclination angle of a first
straight line passing through the center of the first and second cross sections due to the
shifted positions of the centers of the respective cross sections as described in the
rejection of claim 1 above.
Regarding claim 9, Miyake in view of Ishizawa and Chu discloses the device outlined in the rejection of claim 1 above but fails to disclose,
a projector comprising the light emitting apparatus according to claim 1.
Ishizawa discloses, a projector including a light emitting apparatus in figure 11
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to implement the light emitting apparatus of Miyake into the projector shown in Ishizawa for the purpose of projecting light emitted from the device of Miyake.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNTER J NELSON whose telephone number is (571)270-5318. The examiner can normally be reached Mon-Fri. 8:30am-5:00 ET.
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/H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828