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 Arguments
Applicant's arguments filed 11/14/2025 have been fully considered but they are not completely persuasive. Applicant in pages 7-9 argues that Pynn does not disclose that the content of AL component gradually increased and the Ga component is decreasing.
Applicant should note that “gradually” is a relative word and since [0135] of Pynn discloses that the content changes from (Al0.1Ga0.9)0.5In0.5P into Al0.5In0.49 P which shows that the aluminum content has changed from 0.1 to 0.5 and Ga content has changed from 0.9 to zero. Pynn therefore is showing in a broader range the gradual change and as a result the examiner has changed the rejection to an obviousness rejection 103 with same exact reference that was presented previously.
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 1, 3-4, 6, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Pynn et al. (US 2022/0209044 A1; hereinafter Pynn).
Regarding Independent Claim 1, Pynn (Fig.14; [0155]) discloses an epitaxial structure, comprising an N-type semiconductor layer (1420), a multiple quantum well (MQW) active layer (1440/1430), and a P-type semiconductor layer (1450) that are sequentially stacked in a growth direction, wherein the MQW active layer (1430/1440) comprises a front MQW active layer and a back MQW active layer that are sequentially stacked in the growth direction; the front MQW active layer comprises at least two groups of first quantum barrier layers (1430) and first quantum well layers (1440) that are alternately stacked; the back MQW active layer comprises at least two groups of second quantum barrier layers (1430) and second quantum well layers (1440) that are alternately stacked;
Pynn does not particularly discloses wherein a content of an aluminum (Al) component in each of the second quantum well layers is gradually increased in the growth direction, and a content of a gallium (Ga) component in each of the second quantum well layers is gradually decreased in the growth direction; and each of the second quantum well layers is an (aluminumc gallium1-c)0.5indium0.5phosphorus ((AlcGa1-c)0.5In0.5P) layer, wherein a value of C is gradually changed from 0.1 to 0.3 in the growth direction.
However, Pynn [0135] discloses a broader workable range wherein the workable content ranges from (Al0.1Ga0.9)0.5In0.5P into Al0.5In0.49 P which shows that the aluminum content is suitable from 0.1 to 0.5 and Ga content has changed from 0.9 to zero.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to gradually change the value of C in ((AlcGa1-c)0.5In0.5P) layer is gradually changed from 0.1 to 0.3 in the growth direction since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 3. (Original) The epitaxial structure of claim 1, Pynn (Fig.13-14; [0152], [0155]) discloses wherein a content of an Al component in each of the second quantum barrier layers is gradually decreased in the growth direction; and a content of a Ga component in each of the second quantum barrier layers is gradually increased in the growth direction.
Regarding Claim 4. (Original) The epitaxial structure of claim 3, Pynn (Fig.13-14; [0152], [0155]) discloses wherein each of the second quantum barrier layers is an (AlDGa1-D)0.5In0.5P layer; wherein a value of D is gradually changed from 0.8 to 0.6 in the growth direction.
Regarding Claim 6. (Original) The epitaxial structure of claim 1, Pynn ([0053]) discloses wherein a thickness of each of the first quantum barrier layers, the first quantum well layers, the second quantum barrier layers, and the second quantum well layers ranges from 3 nm to 6 nm.
Regarding Independent Claim 17, Pynn (Fig.14) discloses a light-emitting diode (LED) device, comprising an N electrode (1470), a P electrode (1460), and an epitaxial structure (all the layers in between the electrodes) comprising an N-type semiconductor layer (1420), a multiple quantum well (MQW) active layer (1430, and 1440), and a P-type semiconductor layer (1450) that are sequentially stacked in a growth direction, wherein the MQW active layer comprises a front MQW active layer and a back MQW active layer (bottom and top) that are sequentially stacked in the growth direction;
the front MQW active layer comprises at least two groups of first quantum barrier layers (1430) and first quantum well layers (1440) that are alternately stacked;
the back MQW active layer comprises at least two groups of second quantum barrier layers (1430) and second quantum well layers (1440) that are alternately stacked;
a content of an aluminum (Al) component in each of the second quantum well layers is gradually increased in the growth direction, and a content of a gallium (Ga) component in each of the second quantum well layers is gradually decreased in the growth direction;
each of the second quantum well layers is an (aluminumCgallium1-C)0.5Indium0.5phosphorus ((AlcGa1-C)0.5In0.5P) layer, wherein a value of C is gradually changed from 0.1 to 0.3 in the growth direction (see [0135][0155]); and
the N electrode (1470) is configured to be electrically coupled with the N-type semiconductor layer (1420), and the P electrode (1460) is configured to be electrically coupled with the P-type semiconductor layer (1450).
Regarding Claim 19, The LED device of claim 17, Pynn (Fig.13-14; [0152], [0155]) discloses wherein a content of an Al component in each of the second quantum barrier layers is gradually decreased in the growth direction; and a content of a Ga component in each of the second quantum barrier layers is gradually increased in the growth direction.
Regarding Claim 20, (Original) The LED device of claim 19, Pynn (Fig.13-14; [0152], [0155]) discloses wherein each of the second quantum barrier layers is an (AlDGa1-D)0.5In0.5P layer; wherein a value of D is gradually changed from 0.8 to 0.6 in the growth direction.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pynn in view of Ohyama (US 2005/0116309 A1; hereinafter Ohyama).
Regarding Claim 5, Pynn as applied in claim 1, Pynn does not
particularly disclose wherein each of the first quantum well layers is an (AlAGa1-A)0.51n0.5P layer, wherein 0.2=<A<=0.3; and each of the first quantum barrier layers is an (AlBGa1-B)0.5In0.5P layer, wherein 0.6<=B<=0.7.
Ohyama ([0074]) in a related art discloses a semiconductor light-emitting element comprising a multiple quantum well (MQW) active layer wherein each of the first quantum well layers is an (AlAGa1-A)0.51n0.5P layer, wherein 0.2=<A<=0.3; and each of the first quantum barrier layers is an (AlBGa1-B)0.5In0.5P layer, wherein 0.6<=B<=0.7.
Therefore, it would have been obvious in the art before the effective filing date of the application to have such MQW as taught by Ohyama and substitute for Pynn to have the light emitting element emit light in certain range like 550-670 nm.
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Pynn in view of Kuo et al. (US 2002/0104997 A1; hereinafter Kuo).
Regarding Claim 7, Pynn as applied in claim 1, Pynn (Fig.14; [0155]) discloses wherein the N-type semiconductor layer (1420) comprises an N-AlInP confinement layer and an N- AlGaInP waveguide layer that are sequentially stacked in the growth direction; and the P-type semiconductor layer (1450) comprises a P-AlGaInP waveguide layer, a P-AlInP confinement layer that are sequentially stacked in the growth direction.
Pynn does not particularly disclose a P-GaP current spreading layer.
Kuo (Fig.4; [0041], [0047]) discloses a light emitting device comprising: a P-GaP current spreading layer.
Therefore, it would have been obvious in the art before the effective filing date of the application to add a P-GaP current spreading layer to improve LED performance by distributing current more uniformly.
Regarding Claim 8, Pynn in view of Kuo as applied in claim 7, Kuo ([0031]-[0041]) discloses a gallium arsenide (GaAs) buffer layer and an AlGaAs/ALAs distributed bragg reflection (DBR) layer that are sequentially stacked in the growth direction, wherein the GaAs buffer layer and the AlGaAs/AlAs DBR layer are disposed on one side of the N-type semiconductor layer away from the MQW active layer.
Regarding Claim 9, Pynn in view of Kuo as applied in claim 8, wherein
the Kuo ([0032]) discloses GaAs buffer layer has a thickness ranging from 0.4 um to 0.6 µm; the AlGaAs/AlAs DBR layer has a thickness ranging from 2.0 µm to 4.0 µm (Pynn [0137]);
Kuo and Pynn do not particularly disclose wherein the N-AlInP confinement layer has a thickness ranging from 0.25 µm to 0.45 µm;
the N-AlGaInP waveguide layer has a thickness ranging from 0.06 µm to 0.1 µm;
the P-AlGaInP waveguide layer has a thickness ranging from 0.07 µm to 0.1 µm;
the P-AlInP confinement layer has a thickness ranging from 0.3 µm to 1 µm; and
the P-GaP current spreading layer has a thickness ranging from 5 µm to 6 µm.
Kuo and Pynn disclose the claimed invention except for layer thicknesses. It would have been obvious to one having ordinary skill in the art at the time of the invention was made to any desired thickness layers since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAJAR KOLAHDOUZAN whose telephone number is (571)270-5842.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached on (571)270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAJAR KOLAHDOUZAN/ Examiner, Art Unit 2898
/Leonard Chang/ Supervisory Patent Examiner, Art Unit 2898
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