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 .
Response to Amendment
The amendment filed on 09/18/2025 has been entered. While the amendments address the rejection under 35 U.S.C. §112(b) with respect to lines 16-17 of claim 1, the rejection is maintained because the same issue remains in lines 12-13.
Claims 1, 8-10, and 14-16 have been amended; claims 5-7 have been cancelled; and claim 20 has been added newly. Applicant’s amendments to the claims are noted.
Therefore, claims 1-4 and 8-20 remain pending in the application.
Response to Arguments
Applicant's arguments filed on 09/18/2025 have been fully considered but they are not persuasive. Regarding the arguments on pages 7-10, Fudeta (US20130001637A1) teaches a composition ratio of a content of In relative to a content of In and Ga in the material of the second intermediate layer is less than a composition ratio of a content of In relative to a content of In and Ga in the material of the light emitting layer (Para [0086], Each undoped layer 13B is an IncGa(1-c)N (0<c≦0.3) layer. Para [0096], Each well layer 15B is InzGa(1-z)N (0<z≦0.5) layer. Therefore, a composition ratio of a content of In relative to a content of In and Ga in the material of the lower well layer 13B is less than a composition ratio of a content of In relative to a content of In and Ga in the material of the upper well layer 15B).
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 8-20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ),
second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the
applicant), regards as the invention.
Claim 1, in lines 12-13, recites "wherein a band gap energy of the second intermediate layer is less than a band gap energy of each of the one or more first intermediate layers” should be “wherein a band gap energy of the second intermediate layer is less than the band gap energy of each of the one or more first intermediate layers”. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-4 and 8-20 are also rejected being dependent on rejected claim 1.
Appropriate correction is required.
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.
Claims 1-4 and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Fudeta (US20150255673A1), and further in view of Fudeta637 (US20130001637A1).
Regarding claim 1, Fudeta teaches a nitride semiconductor element (Para [0056] and Fig. 1, nitride semiconductor light-emitting device 1) comprising:
an n-side nitride semiconductor layer (Fig. 1, n-type nitride semiconductor layer 9);
an active layer located on the n-side nitride semiconductor layer (Fig. 1, a superlattice layer 11, a superlattice layer 13, an active layer 15), the active layer comprising a plurality of well layers formed of a nitride semiconductor (Fig. 1, well layers 11B, 13B, and 15B) and a plurality of barrier layers formed of a nitride semiconductor (Fig. 5, barrier layers 13A, 13A, and 15A); and
a p-side nitride semiconductor layer located on the active layer (Fig. 1, p-type nitride semiconductor layer 17); wherein:
the plurality of well layers includes, in order from the n-side nitride semiconductor layer side:
one or more first intermediate layers made of a material containing Al, Ga and N (Para [0077], Each second semiconductor layer 11B is an AlGaInN layer or an InGaN layer),
a second intermediate layer made of material containing In, Ga and N (Para [0086], well layer 13B is an InGaN layer), and
a light emitting layer made of material containing In, Ga and N and adapted to emit ultraviolet light (Para [0096], well layer 15B is an InGaN layer), wherein:
a composition ratio of a content of In relative to a content of In and Ga in the material of the second intermediate layer is less than a composition ratio of a content of In relative to a content of In and Ga in the material of the light emitting layer (Para [0086], Each undoped layer 13B is an IncGa(1-c)N (0<c≦0.3) layer. Para [0096], Each well layer 15B is InzGa(1-z)N (0<z≦0.5) layer. Therefore, a composition ratio of a content of In relative to a content of In and Ga in the material of the lower well layer 13B is less than a composition ratio of a content of In relative to a content of In and Ga in the material of the upper well layer 15B), and a thickness of each of the one or more first intermediate layers is less than a thickness of the second intermediate layer (Para [0078], Thickness of each second semiconductor layer 11B is equal to 4 nm. Para [0087], thickness of each well layer 13B is equal to 5 nm. Therefore, each second semiconductor layer 11B is less than the thickness of each well layer 13B); wherein:
of the plurality of barrier layers, a barrier layer disposed between the second intermediate layer and the light emitting layer is doped with an n-type impurity (Para [0084], Concentration of the n-type impurity in each doped layer 13A, which is located between lower well layer 13B and upper well layer 15B).
But Fudeta does not specify that a band gap energy of each of the one or more first intermediate layers is less than a band gap energy of at least one barrier layer among the plurality of barrier layers, a band gap energy of the second intermediate layer is less than a band gap energy of each of the one or more first intermediate layers, and a band gap energy of the light emitting layer is less than the band gap energy of each of the one or more first intermediate layers.
However, Fudeta637 teaches a band gap energy of each of the one or more first intermediate layers is less than a band gap energy of at least one barrier layer among the plurality of barrier layers (Para [0067], bandgap energy of each narrow bandgap layer 11B is smaller than that of wide bandgap layer 11A),
a band gap energy of the second intermediate layer is less than a band gap energy of each of the one or more first intermediate layers (Para [0067], bandgap energy of each narrow bandgap layer 11B is larger than bandgap energies of lower well layer 13B), and
a band gap energy of the light emitting layer is less than the band gap energy of each of the one or more first intermediate layers (Para [0067], bandgap energy of each narrow bandgap layer 11B is larger than bandgap energies of upper well layer 15B).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to modify a method for manufacturing a nitride semiconductor light-emitting device of Fudeta (US20150255673A1) and further integrating the method for a III-V group compound semiconductor containing nitrogen, which has a bandgap corresponding to the energy of light having a wavelength in the infrared region to the ultraviolet region, so that it is useful as a material for a light-emitting device that emits light having a wavelength in the infrared region to the ultraviolet region or a material for a light-receiving device that receives light having a wavelength in the infrared region to the ultraviolet region disclosed by Fudeta637 (US20130001637A1). The combination of these familiar elements can reduce the crystal defects accumulated after growth of the well layer in the barrier layer (Para [0028]).
PNG
media_image1.png
488
867
media_image1.png
Greyscale
Regarding claim 2, Fudeta in view of Fudeta637 teaches The nitride semiconductor element according to claim 1, wherein:
the one or more first intermediate layers comprise a plurality of first intermediate layers (Para [0073], Short-period superlattice layer 11 may form a superlattice structure by sequential stacking of first semiconductor layer 11A, second semiconductor layer 11B, and one or more layer of semiconductor layer other than first semiconductor layer 11A and second semiconductor layer 11B).
Regarding claims 3 and 4, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claims 1 and 2, wherein:
the band gap energy of the second intermediate layer is the same as the band gap energy of the light emitting layer (Para [0090], band gaps of doped layer 13A and undoped layer 13B are preferably greater than or equal to a band gap of well layer 15B); and
the thickness of the second intermediate layer is less than the thickness of the light emitting layer (Para [0087], thickness of each lower well layer 13B is greater than or equal to 0.5 nm and less than or equal to 5 nm; Para [0097], the thickness of each upper well layer 15B is greater than or equal to 2.5 nm and less than or equal to 7 nm; therefore the well layer 13b is less than the thickness of well layers 15B).
Regarding claims 8-10, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claims 1, 2, and 3, wherein:
a composition of the material of each of the one or more first intermediate layers is AlGaN or AlinGaN (Para [0077], Each second semiconductor layer 11B is an AlGaInN layer);
a composition of the material of the second intermediate layer is InGaN (Para [0086], Each undoped layer 13B is an IncGa(1-c)N (0<c≦0.3) layer); and
a composition of the material of the light emitting layer is InGaN (Para [0096], Each well layer 15B is a non-doped InzGa(1-z)N (0<z≦0.5) layer).
Regarding claims 11-13, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claims 1, 2, and 3, wherein:
the thickness of each of the one or more first intermediate layers is 3 nm or more and 7 nm or less (Para [0078], Thickness of each second semiconductor layer 11B is equal to 4 nm);
the thickness of the second intermediate layer is 10 nm or more and 18 nm or less (Para [0087], thickness of each well layer 13B is equal to 5 nm; therefore the thickness of a plurality of well layer 13B is equal to 10nm); and
the thickness of the light emitting layer is 10 nm or more and 18 nm or less (Para [0097], thickness of each well layer 15B is greater than or equal to 2.5 nm and less than or equal to 7 nm; therefore the thickness of a plurality of well layer 15B is greater than or equal to 5nm and less than or equal to 14nm).
Regarding claims 14-16, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claims 1, 2, and 3, wherein:
a material of the barrier layer contains Al, Ga and N (Para [0074], Each first semiconductor layer 11A is an AlGaInN layer; Para [0083], Each doped layer 13A is AlGaInN layer; Para [0093], Each barrier layer 15A is AlGaInN layer).
Regarding claims 17-19, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claims 1, 2, and 3, wherein:
a thickness of the barrier layer disposed between the second intermediate layer and the light emitting layer is 20 nm or more and 40 nm or less (Para [0085], Thickness of each doped layer 13A is less than or equal to 15 nm; therefore the thickness of a plurality of doped layer 13A is less than or equal to 30 nm, which is 20 nm or more and 40 nm or less).
Regarding claim 20, Fudeta in view of Fudeta637 teaches the nitride semiconductor element according to claim 1, wherein:
a composition of the material of the second intermediate layer is IndGa1-dN (0
≤
0.03) (Para [0086], Each undoped layer 13B is an IncGa(1-c)N (0<c≦1) layer, and more preferably an IncGa(1-c)N (0<c≦0.3) layer); and
a composition of the material of the light emitting layer is IneGa1-eN (0
≤
e
≤
0.05) (Para [0096], Each well layer 15B is an InzGa(1-z)N (0<z≦1) layer, and more preferably a non-doped InzGa(1-z)N (0<z≦0.5) layer).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAHAE KIM whose telephone number is (571)270-1844. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fernando Toledo can be reached at (571) 271-1867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FERNANDO L TOLEDO/Supervisory Patent Examiner, Art Unit 2897
/JAHAE KIM/Examiner, Art Unit 2897