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 § 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.
Claim(s) 1-2, 4-5 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO2021246741A1, please the machine translation attached in the office action mailed on 04/20/2026) in view of Brueck et al. (US 20210234070 A1).
Regarding claim 1, Lee teaches in Fig. 13, a display device (PNL; Fig. 7, [0068]) comprising: first banks (PW1, PW2, PW3; Fig. 13, [0132]) spaced apart from one another and disposed on a substrate (BSL; Fig. 13, [0136]); a first electrode (ET1; Fig. 13, [0081]) and a second electrode (ET2; Fig. 13, [0081]), each disposed on one of the first banks (PW1, PW2, PW3) to cover each respective one of the first banks (PW1, PW2, PW3) and spaced apart from each other; and a light-emitting element (LD1; Fig. 13, [0133]) disposed between the first electrode (ET1) and the second electrode (ET2), the light-emitting element (LD1) comprising an active layer (12; Fig. 2, [0131]); a first semiconductor layer (11; Fig. 15, [0168]) between the active layer (12) and the second electrode (ET2); and a second semiconductor layer (13; Fig. 15, [0168]) between the active layer (12) and the first electrode (ET1).
Lee does not teach wherein the active layer is in a non-polarized state, the active layer includes cubic gallium nitride (c-GaN), and each of the first semiconductor layer and the second semiconductor layer includes hexagonal gallium nitride (h-GaN).
In the same field of endeavor of light emitting device, Brueck et al. teach the active layer (active region 118b; Fig. 29D, [0156]) is in a non-polarized state (nonpolar; [0157]), and the active layer (118b) includes cubic gallium nitride (c-GaN) (a portion of 118 of c-GaN, see Fig. 29D, Fig. 29B and Fig. 15B; [0153, 0156]), and each of the first semiconductor layer (118a; Fig. 29D, [0156]) and the second semiconductor layer (118d of the embodiment of 118a/118b/118d without the optional 118c, where 118d would be placed at 118c of Fig. 29D as disclosed in [0156]) includes hexagonal gallium nitride (a portion of 116 of h-GaN, see Fig. 29D, Fig. 29B and Fig. 15B, [0153, 0156]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Lee and Brueck et al., and to use the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of Brueck et al. as the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of the LED of Lee, because the semiconductor layers of Brueck et al. includes the c-GaN which has the advantage that the strain associated with adding the InGaN quantum wells does not induce a polarization field that acts to separate electrons and holes in a polar device as taught by Brueck et al. ([0157]).
Regarding claim 2, Lee teaches the display device of claim 1, wherein the active layer (12).
Lee does not teach the active layer comprises only cubic gallium nitride (c-GaN).
In the same field of endeavor of light emitting device, Brueck et al. teach the active layer (the active layer can also the portion of the 118 of c-GaN in the layer of 118b, which can still read on claim 1 of the current application; see Fig. 29D, Fig. 29B and Fig. 15B, [0153]) comprises only cubic gallium nitride (c-GaN) (the portion of the 118 comprises only c-GaN).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Lee and Brueck et al., and to use the c-GaN as the material of the active layer as taught by Brueck et al., because the c-GaN has the advantage that the strain associated with adding the InGaN quantum wells does not induce a polarization field that acts to separate electrons and holes in a polar device as taught by Brueck et al. ([0157]).
Regarding claim 4, Lee teaches the display device of claim 2, wherein the first semiconductor layer (11) includes GaN doped with n-type Si ([0051]).
Regarding claim 5, Lee teaches the display device of claim 4, wherein the first semiconductor layer (11) includes n-type Si doped gallium nitride ([0051]).
Lee does not teach gallium nitride is hexagonal gallium nitride (h-GaN) and cubic gallium nitride (c-GaN).
In the same field of endeavor of light emitting device, Brueck et al. teach gallium nitride (GaN layers of 118a; Fig. 29D, [0156]) is hexagonal gallium nitride (h-GaN) (a portion of 116 of h-GaN, see Fig. 29D, Fig. 29B and Fig. 15B, [0153]) and cubic gallium nitride (c-GaN) (a portion of 118 of c-GaN, see Fig. 29D, Fig. 29B and Fig. 15B, [0153]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Lee and Brueck et al., and to use the active layer of c-GaN and the first semiconductor layer of h-GaN and c-GaN as taught by Brueck et al., because the c-GaN has the advantage that the strain associated with adding the InGaN quantum wells does not induce a polarization field that acts to separate electrons and holes in a polar device as taught by Brueck et al. ([0157]).
Regarding claim 9, Lee teaches the display device of claim 2, further comprising: a first contact electrode (CE1; Fig. 13, [0133]) electrically connected to the first electrode (ET1) and contacting the second semiconductor layer (13) of the light-emitting element (LD1; see Fig. 15).
Regarding claim 10, Lee teaches the display device of claim 9, further comprising: a second contact electrode (CE2; Fig. 13, [0133]) electrically connected to the second electrode (ET2) and contacting the first semiconductor layer (11) of the light-emitting element (LD1; see Fig. 15).
Regarding claim 11, Lee teaches the display device of claim 10, further comprising: a first element insulating layer (INS1; Fig. 13, [0161]) disposed between the first electrode (ET1), the second electrode (ET2), and the light-emitting element (LD1); and a second element insulating layer (the upper INP; Fig. 13, [0176]) disposed on an upper surface of the light-emitting element (LD1), wherein the first contact electrode (CE1) directly contacts a portion of an upper surface of the second element insulating layer (the upper INP; see Fig. 13), the second contact electrode (CE2) directly contacts another portion of the upper surface of the second element insulating layer (the upper INP; see Fig. 13), and each of the first contact electrode (CE1) and the second contact electrode (CE2) exposes a central portion of the upper surface of the second element insulating layer (the upper INP; see Fig. 15).
Regarding claim 12, Lee teaches the display device of claim 11, further comprising: a third element insulating layer (INS2; Fig. 13, [0184]) integrally formed to cover the first contact electrode (CE1) and the second contact electrode (CE2) and contacting the first contact electrode (CE1) and the second contact electrode (CE2; see Fig. 13).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee and Brueck et al. as applied to claim 5 above, and further in view of Jeong (CN 101728411 B, please the machine translation attached in the office action mailed on 04/20/2026).
Regarding claim 6, Lee teaches the display device of claim 5, wherein the second semiconductor layer (13) includes GaN doped with p-type dopant ([0054]).
Lee does not teach p-type dopant is p-type Si.
In the same field of endeavor of light emitting devices, Jeong teaches p-type dopant is p-type Si ([0033]).
Lee teach all the claimed elements except that Lee is using Mg for p-type dopant of GaN ([0054]) rather than Si.
In the same field of endeavor of light emitting devices, Jeong teaches using Si for p-type dopant of GaN ([0033]).
One of ordinary skill in the art would have recognized that Mg and Si are known equivalents for providing p-type dopant for GaN within the semiconductor art.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to substitute one know element (Mg) for another known equivalent element (Si) resulting in the predictable result of providing p-type dopant for GaN (KSR rationales B).
Regarding claim 7, Lee teaches the display device of claim 6, wherein the second semiconductor layer (13).
Lee does not teach the second semiconductor layer includes p-type Si doped hexagonal gallium nitride (h-GaN) and cubic gallium nitride (c-GaN).
In the same field of endeavor of light emitting device, Brueck et al. teach the second semiconductor layer (118d of the embodiment of 118a/118b/118d without the optional 118c, where 118d would be placed at 118c of Fig. 29D as disclosed in [0156]) includes p-type hexagonal gallium nitride (h-GaN) (118d located at the 118c of Fig. 29D is a p-type layer including a portion of 116 of h-GaN, see Fig. 29D, Fig. 29B and Fig. 15B, [0153, 0156]) and cubic gallium nitride (c-GaN) (118d located at the 118c of Fig. 29D also includes a portion of 118 of c-GaN, see Fig. 29D, Fig. 29B and Fig. 15B; [0153, 0156]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Lee and Brueck et al., and to use the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of Brueck et al. as the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of the LED of Lee, because the semiconductor layers of Brueck et al. includes the c-GaN which has the advantage that the strain associated with adding the InGaN quantum wells does not induce a polarization field that acts to separate electrons and holes in a polar device as taught by Brueck et al. ([0157]).
Brueck et al. do not teach p-type hexagonal gallium nitride is p-type Si doped hexagonal gallium nitride (emphasis added).
In the same field of endeavor of light emitting devices, Jeong teaches p-type hexagonal gallium nitride is p-type Si doped hexagonal gallium nitride ([0033]).
Lee and Brueck et al. teach all the claimed elements except that Lee is using Mg for p-type dopant of GaN ([0054] of Lee) rather than Si.
In the same field of endeavor of light emitting devices, Jeong teaches using Si for p-type dopant of GaN ([0033]).
One of ordinary skill in the art would have recognized that Mg and Si are known equivalents for providing p-type dopant for GaN within the semiconductor art.
It would have been obvious to one of ordinary skill in the art at the time of invention was made to substitute one know element (Mg) for another known equivalent element (Si) resulting in the predictable result of providing p-type dopant for GaN (KSR rationales B).
Regarding claim 8, Lee teaches the 8. (Original) The display device of claim 7, wherein the active layer (12) and the first semiconductor layer (11).
Lee does not teach the active layer completely covers the hexagonal gallium nitride (h-GaN) of the first semiconductor layer.
In the same field of endeavor of light emitting device, Brueck et al. teach the active layer (118b) completely covers the hexagonal gallium nitride (h-GaN) of the first semiconductor layer (a portion of 116 of h-GaN of the first semiconductor layer 118a; see Fig. 29D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Lee and Brueck et al., and to use the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of Brueck et al. as the materials of the first semiconductor layer, the active layer, and the second semiconductor layer of the LED of Lee, because the semiconductor layers of Brueck et al. includes the c-GaN which has the advantage that the strain associated with adding the InGaN quantum wells does not induce a polarization field that acts to separate electrons and holes in a polar device as taught by Brueck et al. ([0157]).
Response to Arguments
Applicant's arguments with respect to claim 1 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Noda et al (US 20220115843 A1) teach a light emitting device including multiple layers of cubic crystal layers and hexagonal crystal layers.
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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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 10/1/2026