DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 29, 2025 has been entered.
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.
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.
Claim(s) 10-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0215354 A1 to Wang (“Wang”) in view of U.S. Patent Application Publication No. 2011/0233574 A1 to Lee et al. (“Lee”) and evidenced by U.S. Patent Application Publication No. 2008/0048200 A1 to Mueller et al. (“Mueller”). As to claim 10, although Wang discloses a device comprising: an optoelectronic device including: an active region (28) configured to generate radiation; a first electrode (34) and a second electrode (38) located adjacent to the active region (28); and an insulator layer (72, 74) located adjacent to the first electrode (34) and the second electrode (38), wherein the insulator layer (72, 74) is transparent to ultraviolet radiation and covers a side surface of both the first electrode (34) and the second electrode (38); a submount (60’) for the optoelectronic device, wherein the submount (60’) includes: a body (62) formed of an insulating material, wherein the optoelectronic device is located on a first side-of the body (62); and a via material (64) in thermal contact with the body (62), wherein the via material (64) is thermally conductive; and a first metal contact (36) located between the body (62) and the first electrode (34), wherein an outer edge of the first metal contact (36) is spaced apart from an outer edge of the body (62) in a cross sectional view, wherein the first metal contact (36) is electrically connected to the first electrode (34), and wherein the body (62) includes a thermal conductivity that is comparable to at least one of silicon carbide film or aluminum nitride ceramic (See Fig. 2, Fig. 3, Fig. 5, Fig. 6, Fig. 7, ¶ 0002, ¶ 0005, ¶ 0012, ¶ 0013, ¶ 0014, ¶ 0015, ¶ 0016, ¶ 0017, ¶ 0019, ¶ 0020, ¶ 0022, ¶ 00023) (Notes: Wang discloses the insulator layer (72, 74) is made of silicone in ¶ 0020 and Mueller discloses “overlying clear silicone shells 76, 78, and 80. In this case, LED die 10 emits UV light, and the combination of the red, green, and blue emissions produces a white light” in ¶ 0082. Further, the limitation “comparable to at least one of silicon carbide film or aluminum nitride ceramic” does not specify the breadth of “comparable” such that the silicon/dielectric substrate with good heat dissipation effect and insulation effect of Wang meets the limitation), Wang does not further disclose the active region configured to generated ultraviolet radiation. However, Lee does disclose the active region (140) configured to generate ultraviolet radiation and wherein the body (200) includes a thermal conductivity that is comparable to at least one of silicon carbide film or aluminum nitride ceramic (See Fig. 6, Fig. 11, Fig. 15, ¶ 0057, ¶ 0074, ¶ 0075, ¶ 0083, ¶ 0084, ¶ 0088, ¶ 0099, ¶ 0117). In view of the teachings of Wang and Lee, 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 teaching of Wang to have the active region configured to generate ultraviolet radiation and wherein the body includes a thermal conductivity that is comparable to at least one of silicon carbide film or aluminum nitride ceramic because the ultraviolet radiation along with blue radiation can be combined with a fluorescent substance to obtain white light and the silicon carbide film or aluminum nitride ceramic provide good heat dissipation (See Wang ¶ 0016 and Lee ¶ 0074, ¶ 0117). Further regarding claim 10, the claim limitation “configured to generate ultraviolet radiation” specifies an intended use or field of use, and is met by the prior art since it has been held that in device claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In re Casey, 152 USPQ 235 (CCPA 1967); In re Otto, 136 USPQ 458, 459 (CCPA 1963). A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex Parte Masham, 2 USPQ 2d 1647 (Bd. Pat. App. & Inter. 1987). As to claim 11, Wang in view of Lee further discloses wherein the optoelectronic device is an ultraviolet light emitting diode (See Lee ¶ 0117). As to claim 12, Wang in view of Lee further discloses wherein the optoelectronic device includes a substrate (20/110, 51) and a buffer layer (24/120, 53), wherein the substrate (20/110, 51) and the buffer layer (24/120, 53) are transparent to a target ultraviolet radiation (See Wang Fig. 7, ¶ 0012, ¶ 0013 and Lee Fig. 11, Fig. 15, ¶ 0057, ¶ 0099, ¶ 0117). As to claim 16, Wang further discloses wherein the first electrode (34) and the second electrode (38) are electrically isolated from one another by the insulator layer (72, 74) (See Fig. 7, ¶ 0020).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0215354 A1 to Wang (“Wang”) and U.S. Patent Application Publication No. 2011/0233574 A1 to Lee et al. (“Lee”) as applied to claim 10 above, and further in view of U.S. Patent Application Publication No. 2011/0309326 A1 to Gaska et al. (“Gaska”). The teachings of Wang and Lee have been discussed above.
As to claim 13, Wang in view of Lee and Gaska further discloses wherein the optoelectronic device further comprises: a p-type layer (30) located adjacent to the first electrode (34); and an n-type layer (26) located adjacent to the second electrode (38), wherein the first electrode (34) and the second electrode (38) are reflective of the ultraviolet radiation and the n-type layer (26) and/or the second electrode (38) form a short period superlattice that is transparent to the ultraviolet radiation (See Wang Fig. 7, ¶ 0013, Lee ¶ 0117, and Gaska ¶ 0031, ¶ 0036) (Notes: reflective metal materials provide a certain reflectivity) such that better crystal quality and/or higher optical transmission are obtained.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0215354 A1 to Wang (“Wang”) and U.S. Patent Application Publication No. 2011/0233574 A1 to Lee et al. (“Lee”) as applied to claim 10 above, and further in view of U.S. Patent Application Publication No. 2011/0317425 A1 to Jeon et al. (“Jeon”) and U.S. Patent Application Publication No. 2012/0069571 A1 to Hochstein (“Hochstein”). The teachings of Wang and Lee have been discussed above. As to claim 14, Wang in view of Jeon and Hochstein further discloses wherein the via material (64) is located in a via-hole in contact with the body (62), wherein the via material (64) is formed of copper, wherein the via material (64) is thermally connected to a heatsink (86, 88), and wherein the heatsink (86, 88) is electrically insulating; wherein the via material (64) is electrically conductive, and wherein the via material (64) is electrically connected to the first metal contact (36) and a pad contact (66) (See Wang Fig. 7, ¶ 0016, ¶ 0017, ¶ 0022, Jeong Fig. 1, ¶ 0007, ¶ 0015, ¶ 0019, and Hochstein ¶ 0019), such that the electrically insulating heatsink absorbs the heat from the via material to release the heat.
Claim(s) 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2011/0215354 A1 to Wang (“Wang”) and U.S. Patent Application Publication No. 2011/0233574 A1 to Lee et al. (“Lee”)/U.S. Patent Application Publication No. 2011/0317425 A1 to Jeon et al. (“Jeon”) and U.S. Patent Application Publication No. 2012/0069571 A1 to Hochstein (“Hochstein”) as applied to claims 10 and 14 above, and further in view of U.S. Patent Application Publication No. 2013/0032799 A1 to Yen et al. (“Yen”) and U.S. Patent Application Publication No. 2012/0235304 A1 to Huisinga et al. (“Huisinga”). The teachings of Wang and Lee/Jeon and Hochstein have been discussed above. As to claim 15, Wang in view of Jeon, Hochstein, and Yen further discloses wherein the via material (64/15, 16) is soldered to the heatsink, and wherein the heatsink includes a plurality of fins (protrusions) (See Wang Fig. 7, ¶ 0022, Jeon Fig. 1, ¶ 0015 and Yen ¶ 0028), where the re-flow of alloy or solder is commonly applied to establish connection/adhesion between elements. As to claim 17, Wang in view of Jeon, Hochstein, Yen and, Huisinga discloses the via material (64/15, 16, 19) further comprising a thermally conducive filler material (19) located adjacent to the insulator layer (72, 74) and thermally connected to a heatsink (86, 88), wherein the thermally conductive filler material (19) is electrically insulating and is reflective to ultraviolet radiation (See Huang Fig. 7, Jeon Fig. 1, ¶ 0007, ¶ 0015, ¶ 0019, Yen ¶ 0024, ¶ 0025, ¶ 0026, and Huisinga ¶ 0031), such that the SiOx thermally conducive filler material provides an insulator, a diffusion barrier, and a light extraction layer and the heatsink absorbs the heat from the via material to release the heat.
Response to Arguments
Applicant's arguments with respect to claim 10 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/DAVID CHEN/Primary Examiner, Art Unit 2815