DETAILED ACTION
This action is responsive to the amendment received on 01/29/2026.
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 .
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in FRENCH REPUBLIC on 10/17/2019.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/25/2026 has/have been considered by the examiner and made of record in the application file.
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) 1, 7, 9, 12, 13, 16, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”).
Regarding Claim 1. Ishida discloses A light-emitting diode (Figure 1, light emitting diode according to [0042]), comprising:
a first portion (#3, Figure 1, n-type cladding layer), which is an n-doped semiconductor ([0042], #3 is n-type doped GaN);
a second portion (#5, Figure 1, p-type cladding layer), which is a p-doped semiconductor ([0042], #5 is p-type doped GaN);
an active zone (#4, Figure 1, light-emitting layer) disposed between the first and second portions (Figure 1, #4 is disposed between #3 and #5), the active zone comprising an emitting semiconductor portion ([0042], #4 is a light-emitting layer made of InGaN semiconductor material); and
a transparent electrode (#7, Figure 1, positive electrode) comprising a layer that is electrically conductive ([0049], #7 is made of conductive diamond) and the layer being such that the second portion is disposed between the layer and the active zone (Figure 1, #5 is between #7 and #4);
wherein the first portion, active zone, and second portion are stacked in a stacking direction from the first portion towards the active zone (Figure 1, #3, #4, and #5 are stacked in a stacking direction that is the upward direction in Figure 1) and the diode is configured to emit light in the stacking direction from the active zone towards the second portion and passing directly through the second portion and the layer ([0014], diamond providing increased transparency to improve luminous efficiency is a goal of the invention, i.e. light is necessarily being emitted in the stacking direction from #4 towards #5 and passing through #5 and #7),
wherein the layer comprises doped diamond (Figure 1, [0049], #7 may be formed of boron doped diamond as a p-type electrode on the p-type cladding layer #5),
wherein the semiconductors of the first portion and of the emitting semiconductor portion comprise a compound comprising (i) a nitrogen atom and (ii-a) an aluminum atom and/or (ii-b) a gallium atom ([0042], #3 and #4 both include nitrogen and gallium as #3 is GaN and #4 is InGaN),
wherein the p-doped semiconductor of the second portion comprises AlX2Ga(1-X2-Y2)InY2N ([0089] and abstract, the p-type cladding layer #5 may be made of AlXGa(1-X-Y)InYN) that is p-doped with magnesium atoms ([0041] and abstract, the p-type dopant is Mg), and
wherein X2 > 0, Y2 > 0, X2 + Y2 ≤ 1 ([0089], x>0, y>0, X+Y≤1), and
an atomic concentration of the magnesium atoms is greater than 1017 at/cm3 ([0037], Mg concentration may be 2X1018 at/cm3 or more and 1X1021 at/cm3 or less).
Ishida does not explicitly disclose that the layer is optically transparent to at least one UV wavelength which the semiconductor portion is configured to emit. However, Ishida does state in [0014] that diamond is provided to increase transparency to improve luminous efficiency of the device.
Sung teaches a light emitting diode (Figure 1, LED device according to [0046]) comprising a plurality of stacked semiconductor layers (#16, Figure 1), and
an electrode comprising a layer that is electrically conductive (#12, Figure 1, diamond substrate which may be a p-type electrode doped with boron according to [0008]) and optically transparent to at least one UV wavelength which the emitting semiconductor portion is configured to emit ([0022], light emitted may include UV light; and doped diamond has a known material property of being transparent to UV light, see Stotter NPL in PTO-892, page 1, column 1 paragraph 2),
wherein light emitted from the active zone in the stacking direction towards the second portion passes directly through the second portion and the layer (Figure 1, [0046], “reflective layer 13 may be applied to the diamond substrate 12 to reflect light that is emitted toward the diamond substrate 12 back through the semiconductor layers 16”, i.e. light emitted in a downward direction may pass directly through the semiconductor layers and the transparent doped diamond electrode layer),
wherein the layer comprises doped diamond ([0008], p-type boron doped diamond).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider using the boron doped diamond p-type electrode in a UV light emitting diode as was done in Sung for the device of Ishida since the inclusion of a doped diamond layer in the conductive pathway of the UV device provides for improved cooling conditions in high power LED applications ([0041]-[0045] of Sung).
Claim 7. Ishida in view of Sung disclose The diode of claim 1 further comprising:
a substrate (Ishida, #1, Figure 1, sapphire substrate),
wherein the first portion is disposed between the substrate and the active zone (Ishida, Figure 1, #3 is disposed between #1 and #4).
Claim 9. Ishida in view of Sung disclose The diode of claim 1 comprising a stack of layers forming the portions of the diode, or several nanowires disposed side by side and forming together the portions of the diode (Ishida, Figure 1, the diode is a stack of layers which form the portions of the diode).
Regarding Claim 12. Ishida discloses A method of producing a light-emitting diode (Figure 1, light emitting diode and its method of formation according to [0042]), the method comprising:
producing a first portion (#3, Figure 1, n-type cladding layer), which is an n-doped semiconductor ([0042], #3 is n-type doped GaN);
on the first portion, producing an active zone (#4, Figure 1, light-emitting layer on #3) comprising a semiconductor emitting portion ([0042], #4 is formed as a light-emitting layer made of InGaN semiconductor material); and
producing a second portion (#5, Figure 1, p-type cladding layer), which is a p-doped semiconductor ([0042], #5 is p-type doped GaN), on the active zone (Figure 1, [0042], #5 is formed on #4);
producing, on the second portion, a transparent electrode (#7, Figure 1, [0042], positive electrode formed on #5) comprising a layer that is electrically conductive ([0049], #7 is made of conductive diamond);
arranging the first portion, active zone, second portion, and layer in the diode to be stacked in a stacking direction from the first portion towards the active zone (Figure 1, #3, #4, and #5 are stacked in a stacking direction that is the upward direction in Figure 1) such that light emitted from the diode in the stacking direction from the active zone directly towards the second portion passes directly through the second portion and the layer ([0014], diamond providing increased transparency to improve luminous efficiency is a goal of the invention, i.e. light is necessarily being emitted in the stacking direction from #4 towards #5 and passing through #5 and #7),
wherein the second portion is disposed between the layer and the active zone (Figure 1, #5 is disposed between #7 and #4),
wherein the electrically conductive layer comprises doped diamond (Figure 1, [0049], #7 may be formed of boron doped diamond as a p-type electrode on the p-type cladding layer #5),
wherein the semiconductors of the first portion and of the emitting semiconductor portion comprise a compound comprising (i) a nitrogen atom and (ii-a) an aluminum atom and/or (ii-b) a gallium atom ([0042], #3 and #4 both include nitrogen and gallium as #3 is GaN and #4 is InGaN),
wherein the p-doped semiconductor of the second portion comprises AlX2Ga(1-X2-Y2)InY2N ([0089] and abstract, the p-type cladding layer #5 may be made of AlXGa(1-X-Y)InYN) that is p-doped with magnesium atoms ([0041] and abstract, the p-type dopant is Mg), and
wherein X2 > 0, Y2 > 0, X2 + Y2 ≤ 1 ([0089], x>0, y>0, X+Y≤1), and
an atomic concentration of the magnesium atoms is greater than 1017 at/cm3 ([0037], Mg concentration may be 2X1018 at/cm3 or more and 1X1021 at/cm3 or less).
Ishida does not explicitly disclose that the layer is optically transparent to at least one UV wavelength which the emitting semiconductor portion is configured to emit. However, Ishida does state in [0014] that diamond is provided to increase transparency to improve luminous efficiency of the device.
Sung teaches a light emitting diode (Figure 1, LED device according to [0046]) comprising a plurality of stacked semiconductor layers (#16, Figure 1), and
an electrode comprising a layer that is electrically conductive (#12, Figure 1, diamond substrate which may be a p-type electrode doped with boron according to [0008]) and optically transparent to at least one UV wavelength which the emitting semiconductor portion is configured to emit ([0022], light emitted may include UV light; and doped diamond has a known material property of being transparent to UV light, see Stotter NPL in PTO-892, page 1, column 1 paragraph 2),
wherein light emitted from the active zone in the stacking direction towards the second portion passes directly through the second portion and the layer (Figure 1, [0046], “reflective layer 13 may be applied to the diamond substrate 12 to reflect light that is emitted toward the diamond substrate 12 back through the semiconductor layers 16”, i.e. light emitted in a downward direction may pass directly through the semiconductor layers and the transparent doped diamond electrode layer),
wherein the layer comprises doped diamond ([0008], p-type boron doped diamond).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider using the boron doped diamond p-type electrode in a UV light emitting diode as was done in Sung for the device of Ishida since the inclusion of a doped diamond layer in the conductive pathway of the UV device provides for improved cooling conditions in high power LED applications ([0041]-[0045] of Sung).
Claim 13. Ishida in view of Sung discloses The method of claim 12, wherein the producing of the second portion comprises implementing metalorganic chemical vapor deposition and/or molecular beam epitaxy (Ishida, [0043], #5 may be produced by metal organic vapor phase epitaxy (MOVPE) which is also known as metalorganic chemical vapor deposition (MOCVD)).
Claim 16. Ishida in view of Sung disclose The diode of claim 1.
Ishida in view of Sung do not explicitly disclose that the atomic concentration of magnesium in the semiconductor of the second portion is in a range of from 1020 to 1021 at/cm3.
However, Ishida teaches as part of the referenced first embodiment in [0037] that Mg concentration may be 2X1018 at/cm3 or more and 1X1021 at/cm3 or less.
This is interpreted by the examiner as a prima facie case of obviousness for overlapping ranges (see MPEP 2144.05.I), It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider utilizing a magnesium concentration in a range of from 1020 to 1021 at/cm3 as this range is entirely encompassed by the prior art range of 2X1018 at/cm3 or more and 1X1021 at/cm3 or less.
Claim 21. Ishida in view of Sung disclose The diode of claim 1, wherein
the layer has a first side facing the second portion (Ishida, Figure 1, bottom side of #7 facing #5) and a second side disposed opposite to the first side (Ishida, Figure 1, top side of #7 facing the outside of the diode); and
the diode is configured to emit the light after passing directly through, in the stacking direction, the second portion, the first side and the second side and continuing in a stacking direction to an outside of the diode (Ishida, [0014], diamond providing increased transparency to improve luminous efficiency is a goal of the invention, i.e. light is necessarily being emitted in the stacking direction from #4 towards #5 and passing through #5, the bottom surface of #7 and the top surface of #7 to the outside of the diode).
Claim(s) 2 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claim 1 above, and further in view of US 2021/0091267 A1; Koslow et al.; 03/2021; (“Koslow”).
Regarding Claim 2. Ishida in view of Sung discloses The diode of claim 1.
Ishida in view of Sung do not explicitly disclose that 0 < Y2 <0.01.
However, Koslow teaches a light emitting diode (Figure 1C, [0051], a semiconductor body which according to [0004] may be a light emitting diode) including a p-type region (#10) which may be made of an AlxGa1-x-yInyN material ([0006]) that is doped with magnesium ([0051], magnesium dopant concentration, also referred to as M) including a portion with an atomic concentration greater than 1017 at/cm3 (Figure 2, the atomic concentration on the edge of region #103 of #10 exceeds 1017 at/cm3),
and 0 < Y2 <0.01 (Figure 2, indium concentration in #103 is essentially doping concentration, i.e. 0.01 is an incredibly small amount which is why the art uses dopant concentrations instead of stoichiometric values in the chemical equation, but would read on the claimed range as indium is present in #103).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to provide an atomic concentration of the indium atoms in the claimed range in the p-doped region of Ishida in view of Sung as was done in Koslow in order to adapt the electrical properties of the semiconductor body by controlling the corresponding concentration of the p-dopant due to the presence of indium (see [0014] and [0032]-[0035] of Koslow).
Claim 17. Ishida in view of Sung and Koslow discloses The diode of claim 2, wherein the atomic concentration of magnesium in the semiconductor of the second portion is in a range of from 1020 to 1021 at/cm3 (Koslow, Figure 2, the magnesium atomic concentration on the edge of region #103 of #10 is in a range of from 1020 to 1021 at/cm3).
Claim(s) 3, 10, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claims 1, 9, and 12 above, and further in view of US 2018/0076354 A1; Rajan et al.; 03/2018; (“Rajan”).
Claim 3. Ishida in view of Sung disclose The diode of claim 1.
Ishida in view of Sung do not disclose a third portion, which is an n-doped semiconductor,
wherein the third portion is disposed between the layer and the second portion,
wherein the n-doped semiconductor of the third portion comprises AlX3Ga(1-X3-Y3)InY3N, and
wherein X3 > 0, Y3 > 0, and X3 + Y3 ≤ 1.
However, Rajan teaches an ultraviolet light emitting diode (#100, Figure 1, UV LED) which includes a first portion (#106, Figure 1, n-doped region), a second portion (#108, Figure 1, p-doped region), and an electrically conductive layer (#116A, Figure 1, contact region), further comprising a third portion, which is an n-doped semiconductor (#102, Figure 1, n-doped contact region), wherein the third portion is disposed between the electrically conductive layer and the second portion (Figure 1, #102 is between #116A and #108), and wherein the n-doped semiconductor of the third portion comprises AlX3Ga(1-X3-Y3)InY3N, wherein X3 > 0, Y3 > 0, and X3 + Y3 ≤ 1 ([0008], the semiconductor material of the device may comprise indium aluminum gallium nitride (InAlGaN) which necessarily has the indicated stoichiometric ratios between the III-V materials).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to consider including the n-doped contact region of Rajan in the device of Ishida in view of Sung in order to provide enhanced light extraction from the top side of the UV LED (see [0039] of 354) and to form high conductance contacts between semiconductor regions and contact regions (see [0047] of Rajan).
Claim 10. Ishida in view of Sung disclose The diode of claim 9.
Ishida in view of Sung do not disclose the device comprising the several nanowires, wherein lateral dimensions of parts of the nanowires form the second portion so as to form, at tops of the nanowires, a semiconductor layer.
However, Rajan teaches an ultraviolet light emitting diode (#700, Figure 7, UV LED) which includes a first portion (#106, Figure 6, n-doped region numbered in Figure 6 but only shown in Figure 7), a second portion (#108, Figure 6, p-doped region numbered in Figure 6 but only shown in Figure 7), wherein the device comprises several nanowires (#710, Figure 7, nano-columns) wherein lateral dimensions of parts of the nanowires form the second portion (#108, Figure 7, lateral dimensions of the nanowires include the second portion #108 and everything above the second portion) so as to form, at tops of the nanowires, a semiconductor layer (#102, Figure 7, n-doped contact region is formed as a single layer across all the nanowires, i.e. the lateral dimensions of the nanowires define the boundaries of the second portion #102 and the rest of the nanowires such that at the top of the nanowires there is a semiconductor layer #102 which overlaps all of the nanowires).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming the UV led into a cluster of nanowires with the defined features as in Rajan for the device of Ishida in view of Sung in order to form a plurality of nano UV LEDs (see [0055] of Rajan).
Claim 14. Ishida in view of Sung discloses The method of claim 12.
Ishida in view of Sung do not disclose after the producing of the second portion: producing a third portion, which is an n-doped semiconductor, on the second portion, wherein the n-doped semiconductor of the third portion comprises AlX3Ga(1-X3-Y3)InY3N, wherein X3 > 0, Y3 > 0, and X3 + Y3 ≤ 1, wherein the layer is then produced on the third portion.
However, Rajan teaches an ultraviolet light emitting diode (#100, Figure 1, UV LED) which includes a first portion (#106, Figure 1, n-doped region), a second portion (#108, Figure 1, p-doped region), further comprising a third portion, which is an n-doped semiconductor (#102, Figure 1, n-doped contact region), wherein the third portion is formed on the second portion (Figure 1, #102 is on #108), and wherein the n-doped semiconductor of the third portion comprises AlX3Ga(1-X3-Y3)InY3N, wherein X3 > 0, Y3 > 0, and X3 + Y3 ≤ 1 ([0008], the semiconductor material of the device may comprise indium aluminum gallium nitride (InAlGaN) which necessarily has the indicated stoichiometric ratios between the III-V materials) and an electrically conductive layer (#116A, Figure 1, contact region) is produced on the third portion (Figure 1, #116A is on #102).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider including the n-doped contact region of Rajan in the device Ishida in view of Sung in order to provide enhanced light extraction from the top side of the UV LED (see [0039] of 354) and to form high conductance contacts between semiconductor regions and contact regions (see [0047] of 354).
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claim 1 above, and further in view of US 2019/0115499 A1; Obata, Toshiyuki; 04/2019; (“Obata”).
Claim 4. Ishida in view of Sung discloses The diode of claim 1.
Ishida in view of Sung do not disclose that the n-doped semiconductor of the first portion comprises AlX1Ga(1-X1)N, wherein 0.7 ≤ X1 ≤ 0.8.
However, Obata teaches an ultraviolet light emitting diode (Figure 3, ultraviolet light emitting diode according to [0025]) which includes a first portion (#30, Figure 3, n-type layer), a second portion (#60, Figure 3, p-p-type layer), and an active layer (#40, Figure 3, active layer) wherein the n-doped semiconductor of the first portion comprises AlX1Ga(1-X1)N, wherein 0.7 ≤ X1 ≤ 0.8 (Example 1, [0089], “an n-type layer 30 having an Al composition of 70%, a Ga composition of 30% and an In composition of 0% was formed”, i.e. X1 is equal to 0.7 which is included in the claimed range).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider utilizing the example material ratio from Obata for the n-doped semiconductor of Ishida in view of Sung in order to work towards producing a device with an optical output in the UV range with a desired optical power (see Table 1 and [0105] of Obata). Since Ishida in view of Sung is silent regarding working material ratios of the III-V semiconductor of the structures, this would motivate one of ordinary skill to seek out teachings such as Obata in order to practice the invention of primary.
Claim 5. Ishida in view of Sung and Obata discloses The diode of claim 4 wherein the semiconductor of the emitting semiconductor portion comprises AlX4Ga(1-X4)N, wherein X4 ≤ 0.9 x X1 (Obata, Example 1, [0092], “an Al0.5Ga0.5N well layer of 2 nm was formed . . . The growth of the well layer and the barrier layer was repeated for three times to form a triple quantum well layer”, i.e. X4=0.5 which is less than 0.9xX1(0.7) which is equal to 0.63).
Claim(s) 6, 11, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claim 1 above, and further in view of US 2008/0006836 A1; Lee, Jong Lam; 01/2008; (“Lee”).
Claim 6. Ishida in view of Sung disclose The diode of claim 1.
Ishida in view of Sung do not disclose an AlGaN portion not intentionally doped, wherein the AlGaN portion is disposed between the first portion and the active zone.
However, Lee teaches a light-emitting diode (Figure 58, [0107], common GaN LED), comprising:
a first portion, which is an n-doped semiconductor (#1500, Figure 58, N-type semiconductor layer); a second portion, which is a p-doped semiconductor (#1300, Figure 58, P-type semiconductor layer); an active zone (#1400, Figure 58, active layer) disposed between the first and second portions (Figure 58, #1400 is between #1300 and #1500), the active zone comprising an emitting semiconductor portion ([0095], active layer provides the emission of photons and is a semiconductor material according to [0109]); and wherein the first portion, active zone, and second portion are stacked in a stacking direction from the first portion towards the active zone (Figure 58, stacking direction is the downward direction), and
an AlGaN portion not intentionally doped (Lee, [0109], “The active layer 1400 employs a multi-layered film in which . . . barrier layers are repeatedly formed. The barrier layers . . . may be formed of . . . AlxGa1-xN . . . the binary to quaternary compounds may be doped with desired impurities to form the N-type and P-type”, i.e. the barrier layers are not intentionally doped like the N and P-type layers),
wherein the AlGaN portion is disposed between the first portion and the active zone (Lee, [0109], let the first barrier layer between #1500 and one of the well layers in #1400 be considered the not intentionally doped AlGaN layer between the first portion and the active zone).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming an AlGaN portion which is not intentionally doped as a barrier layer in a multi-layered film for the active layer of Ishida in view of Sung in order to form a multi-quantum well active light emitting layer (see [0109] of Lee).
Claim 11. Ishida in view of Sung disclose The diode of claim 1.
Ishida in view of Sung do not disclose that the active zone comprises a layer comprising quantum dots, each formed by an emitting layer disposed between two barrier layers.
However, Lee teaches a light-emitting diode (Figure 58, [0107], common GaN LED), comprising:
a first portion, which is an n-doped semiconductor (#1500, Figure 58, N-type semiconductor layer); a second portion, which is a p-doped semiconductor (#1300, Figure 58, P-type semiconductor layer); an active zone (#1400, Figure 58, active layer) disposed between the first and second portions (Figure 58, #1400 is between #1300 and #1500), the active zone comprising an emitting semiconductor portion ([0095], active layer provides the emission of photons and is a semiconductor material according to [0109]); and wherein the first portion, active zone, and second portion are stacked in a stacking direction from the first portion towards the active zone (Figure 58, stacking direction is the downward direction),
wherein the active zone comprises a layer comprising quantum dots, each formed by an emitting layer disposed between two barrier layers (Lee, [0109], “active layer 1400 employs a multi-layered film in which quantum well layers and barrier layers are repeatedly formed.”, i.e. #1400 is formed by an emitting layer (quantum well/dots) repeated between barrier layers).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming a multi-layered film for the active layer of Ishida in view of Sung in order to form a multi-quantum well active light emitting layer (see [0109] of Lee). This is interpreted by the examiner as art recognized suitability for an intended purpose (see MPEP 2144.07) since quantum dot light emitting layers are well known for their suitability in the art of light emitting diodes for light emission layers.
Claim 18. Ishida in view of Sung disclose The diode of claim 1.
Ishida in view of Sung do not disclose an AlGaN portion not intentionally doped, wherein the AlGaN portion is disposed between the active zone and the second portion.
However, Lee teaches a light-emitting diode (Figure 58, [0107], common GaN LED), comprising:
a first portion, which is an n-doped semiconductor (#1500, Figure 58, N-type semiconductor layer); a second portion, which is a p-doped semiconductor (#1300, Figure 58, P-type semiconductor layer); an active zone (#1400, Figure 58, active layer) disposed between the first and second portions (Figure 58, #1400 is between #1300 and #1500), the active zone comprising an emitting semiconductor portion ([0095], active layer provides the emission of photons and is a semiconductor material according to [0109]); and wherein the first portion, active zone, and second portion are stacked in a stacking direction from the first portion towards the active zone (Figure 58, stacking direction is the downward direction), and
an AlGaN portion not intentionally doped (Lee, [0109], “The active layer 1400 employs a multi-layered film in which . . . barrier layers are repeatedly formed. The barrier layers . . . may be formed of . . . AlxGa1-xN . . . the binary to quaternary compounds may be doped with desired impurities to form the N-type and P-type”, i.e. the barrier layers are not intentionally doped like the N and P-type layers),
wherein the AlGaN portion is disposed between the active zone and the second portion (Lee, [0109], let the first barrier layer between #1300 and one of the well layers in #1400 be considered the not intentionally doped AlGaN layer between the second portion and the active zone).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming an AlGaN portion which is not intentionally doped as a barrier layer in a multi-layered film for the active layer of Ishida in view of Sung in order to form a multi-quantum well active light emitting layer (see [0109] of Lee).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”) and US 2008/0006836 A1; Lee, Jong Lam; 01/2008; (“Lee”), as applied to claim 6 above, and further in view of US 2021/0091267 A1; Koslow et al.; 03/2021; (“Koslow”).
Claim 19. Ishida in view of Sung and Lee disclose The diode of claim 6.
Ishida in view of Sung and Lee do not disclose an AlGaInN portion not intentionally doped wherein the AlGaInN portion is disposed between the active zone and the second portion.
However, Koslow discloses an AlGaInN portion not intentionally doped (Koslow, #102 of #10, Figure 1C, part of the AlxInyGa1-x-yN semiconductor body, [0006], [0053] specifically states that “the flow rate of the p-dopant is 0 liters per second during the epitaxial growth of the entire second section 102” such that #102 is not intentionally p-doped), wherein the AlGaInN portion is disposed between the active zone and the second portion (267, Figure 1C, #102 is between the MG-doped portion #103 and the active region #20).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming the AlGaInN portion that is not intentionally doped as described by Koslow in the device of Ishida in view of Sung since the inclusion of Indium in the region makes intentional doping unnecessary as the magnesium migration is naturally assisted by the presence of the indium (see [0053] of Koslow) and to achieve the desired rate of change in the magnesium dopant concentration along the growth direction (see [0016] of Koslow) which functions as an electron acceptor and modified electrical and/or optical properties (see [0038] of Koslow).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claim 7 above, and further in view of US 20020050595 A1; Ono et al.; 05/2002; (“Ono”).
Claim 8. Ishida if view of Sung disclose The diode of claim 7, further comprising:
a GaN portion (#2, Figure 1, [0042], GaN buffer layer) disposed between the substrate and the first portion (Figure 1, #2 is disposed between #1 and #3).
Ishida in view of Sung do not disclose an n-doped GaN portion disposed between the substrate and the first portion.
However, Ono teaches in [0080] a buffer layer in a light emitting element which has an N-type dopant introduced therein.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider providing n-type doping to the buffer layer of Ishida in view of Sung as was done by Ono to help prevent the propagation of dislocations from the underlying substrate into the upper device layers and decreasing the dislocation density in the overlying epitaxial layers (see [0080] of Ono).
Claim(s) 15 is is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”), as applied to claim 12 above, and further in view of US 2015/0263220 A1; Yamane, Takayoshi; 09/2015; (“Yamane”).
Claim 15. Ishida in view of Sung disclose The method of claim 12.
Ishida in view of Sung do not disclose the method further comprising, after the producing of the second portion: activating dopants of the p-doped semiconductor of the second portion comprising thermal annealing and/or electron beam irradiating the second portion.
However, Yamane teaches in [0005]-[0006] that in the formation of Mg-doped semiconductor III-V devices such as gallium-nitride that one should activate the magnesium dopant by subjecting the doped semiconductor to electron beam irradiation or heat treatment (i.e. thermal annealing).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider utilizing electron beam irradiation or heat treatment to activate the magnesium p-dopant, as taught by Yamane, as part of the manufacturing method of Ishida in view of Sung in order to cause the detachment of hydrogen since the H inactivates an Mg acceptor, thereby preventing the function of holes (see [0005]-[0006] of Yamane) and is thus desired to be detached.
Response to Arguments/Amendments
Applicant’s amendments to claims 1 and 12 and corresponding arguments, see pages 8-10 of the remarks, filed 01/29/2026, with respect to the original 35 U.S.C. 103 rejection of claims 1 and 12, and their dependent claims, have been fully considered and are found persuasive. The originally cited prior art does not appear to disclose all of the limitations of amended claims 1 and 12. The original 35 U.S.C. 103 rejections have been withdrawn. However, in view of the amendments, a new reference (JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”)) has been identified, which was included in the IDS submitted on 11/25/2025, which discloses the limitations of the amended claims 1 and 12 not taught by the prior references. Claims 1 and 12 stand rejected under 35 U.S.C. 103 as being unpatentable over JP 2000-315817 A; Ishida et al.; 11/2000; (“Ishida”) in view of US 2011/0068350 A1; Sung, Chien-Min; 03/2011; (“Sung”). All of claims 1 and 12’s dependent claims further stand rejected for the reasons described above and are not allowable for their dependence on claims 1 and 12.
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.
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/TYLER J WIEGAND/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812
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