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 .
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 3 is 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 3 recites the limitation “a distance between the circumferential surface” in lines 2-3 of the claim. It is unclear how a distance can be measured between a single surface, rendering the claim indefinite. For the purposes of examination with regard to the prior art, this limitation will be treated as if referring to a perimeter of the circumferential surface taken parallel to the first surface and second surface.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Saito et al. (US 2016/0148973).
With regard to claim 1, Saito teaches, in Fig 3, a light-emitting element, comprising: a stacked body (20) that is a stacked body including a first semiconductor layer (22) having a first semiconductor type ([0095]), a second semiconductor layer (21) having a second semiconductor type ([0095]), and an active layer (23) sandwiched between the first semiconductor layer and the second semiconductor layer, and has a first surface (201) that is a surface of the first semiconductor layer on a side opposite to the active layer, a second surface (202) that is a surface of the second semiconductor layer on a side opposite to the active layer, and a circumferential surface (203) that connects the first surface and the second surface to each other and includes an end surface of the active layer, a groove (multiple instances in 210) being formed in the first semiconductor layer, the groove being formed from the first surface toward the active layer, having a depth such that the groove is separated from the active layer, and extending in a direction parallel to the first surface ([0098]-[0099]); a light-emitting surface (2012) that is positioned on the first surface on a side opposite to the active layer and emits light generated in the active layer ([0098]-[0099]); a dielectric film (40, 51, 52), wherein the dielectric film extends along at least a portion of the first surface (40), at least a portion of the second surface (51), and the circumferential surface (51); and a reflecting body (53) that reflects light emitted from the end surface toward the groove, wherein the reflecting body is embedded in the dielectric film ([0116]).
With regard to claim 2, Saito teaches, in Fig 3, that the reflecting body covers the second surface and the circumferential surface and reflects light emitted from the second surface and the circumferential surface toward the light- emitting surface ([0101]-[0102]).
With regard to claim 3, Saito teaches, in Fig 3, that the circumferential surface is inclined such that a distance between the circumferential surface increases from the second surface toward the first surface (see figure).
With regard to claim 4, Saito teaches, in Fig 3, that the groove has a V-shaped shape, a U-shaped shape, or a polygonal shape as a cross-sectional shape in a plane perpendicular to a direction in which the groove extends (see figure).
With regard to claim 5, Saito teaches, in Fig 3, that a groove wall of the groove has a vertical surface shape, an inclined surface shape, or a curved surface shape with respect to the light-emitting surface (see figure).
With regard to claim 6, Saito teaches, in Fig 3, that a groove wall of the groove has a smooth surface shape or a recessed and projecting surface shape (see figure).
With regard to claim 7, Saito teaches, in Fig 3, that the groove extends in a direction parallel to or non- parallel to a peripheral edge of the light-emitting surface as viewed from a direction perpendicular to the light-emitting surface ([0099]).
With regard to claim 8, Saito teaches, in Fig 3, that the groove includes a plurality of grooves provided between a first electrode (710) and the circumferential surface (see figure).
With regard to claim 9, Saito teaches, in Fig 3, that the groove extends linearly or curvedly as viewed from a direction perpendicular to the light-emitting surface ([0099]).
With regard to claim 10, Saito teaches, in Fig 3, that the groove is intermittently formed (see figure).
With regard to claim 11, Saito teaches, in Fig 3, that the groove has a constant groove width or a non-constant groove width as viewed from a direction perpendicular to the light-emitting surface ([0099]).
With regard to claim 12, Saito teaches, in Fig 3, that the groove is covered with the dielectric film (40) and the dielectric film covers a groove wall of the groove (see figure).
With regard to claim 13, Saito teaches, in Fig 3, that the groove is filled with a dielectric material (40) or no dielectric material.
With regard to claim 14, Saito teaches, in Fig 3, a first electrode (710) that is provided on the first surface and is electrically connected to the first semiconductor layer; and a second electrode (720) that is provided on the second surface and is electrically connected to the second semiconductor layer, wherein the groove is formed between the first electrode and the circumferential surface (see figure).
With regard to claim 15, Saito teaches, in Fig 3, that the groove is formed in a cyclic shape surrounding the first electrode as viewed from a direction perpendicular to the light-emitting surface ([0099]).
With regard to claim 16, Saito teaches, in Fig 3, that the first electrode crosses the groove (see figure).
With regard to claim 17, Saito teaches, in Fig 3, that the first electrode is electrically connected to the first semiconductor layer inside the groove (through cladding 222).
With regard to claim 18, Saito teaches, in Fig 3, that the stacked body further includes a hole-shaped recessed portion (another instance of a recess of 210, other than the claimed groove) that is formed from the first surface toward the active layer in the first semiconductor layer and has a depth such that the hole-shaped recessed portion is separated from the active layer, and a dielectric film (40) is formed on an inner surface of the hole-shaped recessed portion.
With regard to claim 19, Saito teaches, in Fig 3, that the groove is covered with the dielectric film, and wherein a gap is formed in the groove in an area encompassed by the first surface, a surface of the dielectric film disposed on a bottom surface of the groove, and a surface of the dielectric film disposed on side walls of the groove (regions in each of the recesses meet this limitation).
Response to Arguments
Applicant's arguments filed 5/1/2026 have been fully considered but they are not persuasive.
The Applicants argue:
the Saito reference does not disclose a dielectric film that extends along at least a portion of the first surface, at least a portion of the second surface, and the circumferential surface of a stacked body as claimed. Instead, the Saito reference provides an inorganic film 40 disposed on a first plane 201, and a multiple layer optical function film disposed on a second plane 202 and a circumferential plane 203 of a light emitting element. In addition, the Saito reference does not disclose a reflecting body embedded in a dielectric film as claimed. Instead, the Saito reference provides a reflection layer 53 with an end that is exposed for heat dissipation.
The Examiner responds:
As set forth in the rejection above, it is reasonable to construe the dielectric layers 40, 51, and 52 together as the claimed dielectric layer, thus meeting the claim. The partial exposure of the reflection layer does not preclude it from meeting the broadest reasonable interpretation of being embedded in the dielectric film, thus meeting the claim.
All other arguments have been fully addressed in prior Office Actions or in the rejections set forth above.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAJ R GUPTA whose telephone number is (571)270-5707. The examiner can normally be reached 9:30AM-4PM, 8PM-10PM.
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/RAJ R GUPTA/Primary Examiner, Art Unit 2893
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