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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/26/2026 has been entered.
Response to Amendment
This Office Action is in response to Applicant’s Amendment filed on 3/26/2026. Claims 1 and 10 have been amended. Claim 21 has been added. Claim 8 has been cancelled. Currently, claims 1-4, 6-7, and 9-21 are pending.
Response to Arguments
Applicant’s arguments filed 3/26/2026 have been fully considered, but they are not persuasive.
The Applicants argue:
Amended claims 1 and 10 recite that the distributor structure is formed by a coating disposed in direct contact to a main surface of a growth substrate and that the coating is configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited.
In contrast, Eichler discloses that layer 8 encapsulates the temperature distribution structure 7/70 to protect the semiconductor material 10 from possible chemical impairment by the temperature distribution structure 7 and avoids temperature spreading in the substrate 6. (Eichler, para. [0091] and FIG. 4c.) In other words, layer 8 of Eichler serves only as a protection layer and does not function as a distributor structure to vary the amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited. Because Eichler fails to disclose or suggest a coating that varies an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited as in the present claims, Applicant submits that the cited art fails to establish a prima facie case of obviousness.
The Examiner responds:
The Examiner respectfully disagrees. As set forth in the rejection below, because of the added limitations, the “coating” is now interpreted to include Eichler’s temperature distribution structure 7/70. Oxford Languages Dictionary defines “coating” as “a thin layer or covering of something”; so 7/70 and 8 are interpreted as a bilayer coating. Also, Examiner’s previous arguments in the Final Rejection mailed 10/17/2025 regarding layer 8 are maintained.
Thus, Samonji/Eichler renders obvious the claimed limitations of amended claim 1. As a result, the rejection of claims 1 and 10 and their dependent claims is maintained.
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 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Samonji (WO 2011121678 A1, citations made hereinafter to the English Machine Translation included with the Office Action mailed on 5/19/2025), cited by Applicant in the Information Disclosure Statement filed on 1/19/2023.
Regarding claim 21, Samonji teaches, in Fig. 1, a radiation-emitting semiconductor body (pg. 1, lines 10-25) having:
an epitaxial semiconductor layer sequence which comprises a compound semiconductor material (pg. 7, lines 280-300) and is disposed on a main face (see Fig. 1, top c-plane surface) of a growth substrate (101; pg. 6, first paragraph), wherein
the epitaxial semiconductor layer sequence comprises at least a first emitter region and a second emitter region or is formed of at least a first emitter region (100a; pg. 6, lines 215-225) and a second emitter region (100b; pg. 6, lines 215-225), wherein
the first emitter region (100a) and the second emitter region (100b) in operation generate electromagnetic radiation of different wavelength ranges (pg. 6, lines 230-235),
the first emitter region (100a) and the second emitter region (100b) are disposed laterally next to one another in plan view onto a main face of the semiconductor body (top c-plane surface) (see Fig. 1), and
a distributor structure is formed by a recess (see Fig. 1, 101a; pg. 7, lines 270-275) in a main surface (top surface) of the growth substrate (101) (see Fig. 1, top c-plane surface), and at least one emitter region (100a) is (partially) arranged in the recess (pg. 6, first paragraph).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-7, 9-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Samonji (WO 2011121678 A1, citations made hereinafter to the English Machine Translation included with the Office Action mailed on 5/19/2025), cited by Applicant in the Information Disclosure Statement filed on 1/19/2023, in view of Eichler et al. (US 20170330757).
Regarding claim 1, Samonji teaches, in Figs. 1 and 3 (see Google image English translation of Fig. 3 below; page 7, line 265 to page 8, line 348 describes steps S10 through S20), a method for producing a radiation-emitting semiconductor body:
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providing a growth substrate (101; pg. 6, first paragraph) having a main face (see Fig. 1, top c-plane surface; Fig. 3, step S10),
generating a multiplicity of distributor structures (see Fig. 1, 101a-c; see Fig. 3, step S12; pg. 7, lines 270-275) on the main face of the growth substrate (top c-plane surface) (see Fig. 1),
epitaxially depositing a compound semiconductor material on the main face of the growth substrate (see Fig. 3, step S14; pg. 7, lines 280-300, GaN, molecular beam epitaxy), wherein the epitaxial growth of the compound semiconductor material varies along the main face because of the distributor structures (see Fig. 1), and so the epitaxial depositing produces an epitaxial semiconductor layer sequence (pg. 7, lines 280-285) having at least a first emitter region (100a; pg. 6, lines 215-225) and a second emitter region (100b; pg. 6, lines 215-225) on the main face (see Fig. 1), wherein
the first emitter region (100a) and the second emitter region (100b) are disposed laterally next to one another in plan view onto a main face of the semiconductor body (top c-plane surface) (see Fig. 1),
the first emitter region and the second emitter region in operation generate electromagnetic radiation of different wavelength ranges (pg. 6, lines 230-235), and
each of the multiplicity of distributor structures are configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited (see in Fig. 1 how, here considering the main face to not include the faces of the recesses, the main face is thus reduced by the distributor structures 101a and 101b acting as recesses).
Samonji does not explicitly teach that each of the multiplicity of distributor structures is formed by a coating on the main face of the growth substrate, the coating configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited.
In a similar field of endeavor, Eichler teaches, in Fig. 4C, that each of the multiplicity of distributor structures (70 and 8, [0086], [0091], plurality of 70 shown in Figs. 3A and 3C) comprises a coating (70 and 8; [0086]-[0087], [0091]; Oxford Languages Dictionary defines “coating” as “a thin layer or covering of something”; 70 and 8 are interpreted as a bilayer coating) on the main face of the growth substrate (6, [0091]), the coating configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited (see in Fig. 4C how, here considering the main face to not include the faces of the coating, the main face is thus reduced by the distributor structures 70/8), in order to “protect the compound semiconductor material against possible chemical impairment and avoid temperature spreading in the substrate 6” ([0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method for producing a radiation-emitting semiconductor body of Samonji with the forming a distributor structure of Eichler, in order to protect the compound semiconductor material against possible chemical impairment and avoid temperature spreading in the growth substrate ([0091]).
Regarding claim 2, Samonji in view of Eichler teaches the limitations of claim 1. Samonji further teaches that the compound semiconductor material is a III/V compound semiconductor material (pg. 7, lines 280-300; GaN).
Regarding claim 3, Samonji in view of Eichler teaches the limitations of claim 1. Samonji further teaches that the III/V semiconductor material is a nitride compound semiconductor material and conforms to the following formula: InxAlyGa1-x-yN with 0 ≤ x ≤ 1, 0 ≤ y ≤ 1 and x + y ≤ 1 (pg. 7, lines 280-300; GaN).
Regarding claim 4, Samonji in view of Eichler teaches the limitations of claim 1. Samonji further teaches that the distributor structures are set up to vary the amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited (see in Fig. 1 how, here considering the main face to include the faces of the recesses, the main face is thus increased by the surface area of the distributor structures 101a and 101b acting as recesses).
Regarding claim 6, Samonji in view of Eichler teaches the limitations of claim 1. Eichler further teaches that an amount, available during the epitaxial depositing, in the first emitter region, of a constituent of a precursor material of the compound semiconductor material to be deposited is different from the amount, in the second emitter region, of the constituent of the precursor material of the compound semiconductor material to be deposited (see Figs. 4A-4C, [0021-0022]), for the purpose of making “laterally varying band gaps, absorption coefficients and/or refractive indices in the material of the first semiconductor layer” and “generation of laterally varying wavelengths of the light emitted when the semiconductor chip is in operation” ([0026]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the method for producing a radiation-emitting semiconductor body of Samonji with the forming a distributor structure of Eichler, for the purpose of making laterally varying band gaps, absorption coefficients and/or refractive indices in the material of the first semiconductor layer and generation of laterally varying wavelengths of the light emitted when the semiconductor chip is in operation.
Regarding claim 7, Samonji in view of Eichler teaches the limitations of claim 1. Samonji further teaches that the distributor structures are suitable for increasing the amount of a constituent of a precursor material for the compound semiconductor material over the main face of the growth substrate (see in Fig. 1 how, here considering the main face to include the faces of the recesses, the main face is thus increased by the surface area of the distributor structures 101a and 101b acting as recesses).
Regarding claim 9, Samonji in view of Eichler teaches the limitations of claim 1. However, Samonji in view of Eichler does not explicitly teach that a distance between two directly adjacent emitter regions is not greater than 5 millimeters. Nonetheless, the skilled artisan would know too that distance between two directly adjacent emitter regions would impact the size of the radiation-emitting semiconductor body.
The specific claimed distances, absent any criticality, is only considered to be the “optimum” distances disclosed by Samonji in view of Eichler that a person having ordinary skill in the art would have been able to determine using routine experimentation (see In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)) based, among other things, on the desired device size, manufacturing costs, etc. (see In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)), and since neither non-obvious nor unexpected results, i.e. results which are different in kind and not in degree from the results of the prior art, will be obtained as long as a distance between two directly adjacent emitter regions being not greater than 5 millimeters is used, as already suggested by Samonji in view of Eichler.
Since the applicant has not established the criticality (see next paragraph) of the lengths stated and since these lengths are in common use in similar devices in the art, it would have been obvious to one of ordinary skill in the art at the time of the invention to use these values in the device of Samonji in view of Eichler.
Please note that the specification contains no disclosure of either the critical nature of the claimed lengths or any unexpected results arising therefrom. Where patentability is said to be based upon particular chosen dimensions or upon another variable recited in a claim, the applicant must show that the chosen dimensions are critical. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 10, Samonji teaches, in Fig. 1, a radiation-emitting semiconductor body (pg. 1, lines 10-25) having:
an epitaxial semiconductor layer sequence which comprises a compound semiconductor material (pg. 7, lines 280-300), wherein
the epitaxial semiconductor layer sequence comprises at least a first emitter region and a second emitter region or is formed of at least a first emitter region (100a; pg. 6, lines 215-225) and a second emitter region (100b; pg. 6, lines 215-225), wherein
the first emitter region and the second emitter region in operation generate electromagnetic radiation of different wavelength ranges (pg. 6, lines 230-235),
the first emitter region (100a) and the second emitter region (100b) are disposed laterally next to one another in plan view onto a main face of the semiconductor body (top c-plane surface) (see Fig. 1), and
a distributor structure (see Fig. 1, 101a; pg. 7, lines 270-275) on a main surface of a growth substrate (101; pg. 6, first paragraph) (see Fig. 1, top c-plane surface; Fig. 3, step S10), the distributor structure (101a) configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited (see in Fig. 1 how, here considering the main face to not include the faces of the recesses, the main face is thus reduced by the distributor structure 101a acting as a recess).
Samonji does not explicitly teach that the distributor structure is formed by a coating disposed in direct contact to a main surface of a growth substrate, the coating configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor to be deposited.
In a similar field of endeavor, Eichler teaches, in Fig. 4C, a distributor structure (70 and 8, [0086], [0091]) formed by a coating (70 and 8; [0086]-[0087], [0091]; Oxford Languages Dictionary defines “coating” as “a thin layer or covering of something”; 70 and 8 are interpreted as a bilayer coating) disposed in direct contact to a main face of a growth substrate (6, [0091]) (see Fig. 4C), the coating configured to vary an amount, available on the main face of the growth substrate, of a constituent of a precursor material of the compound semiconductor material to be deposited (see in Fig. 4C how, here considering the main face to not include the faces of the coating, the main face is thus reduced by the distributor structures 70/8), “[i]n order to protect the semiconductor material 10 against possible chemical impairment by the temperature distribution structure 7 and nevertheless avoid temperature spreading in the substrate 6” ([0091]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the radiation-emitting semiconductor body of Samonji with the distributor structure of Eichler, in order to protect the compound semiconductor material against possible chemical impairment and avoid temperature spreading in the growth substrate ([0091]).
Regarding claim 11, Samonji in view of Eichler teaches the limitations of claim 10. Eichler further teaches that a peak wavelength of an emission spectrum of the electromagnetic radiation emitted from the first emitter region is different by at least 2 nanometers from a peak wavelength of an emission spectrum of the electromagnetic radiation of the second emitter region ([0013]), so that “chip production can be simplified and made less expensive” ([0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the radiation-emitting semiconductor body of Samonji with the emitter regions of Eichler, so that chip production can be simplified and made less expensive.
Regarding claim 12, Samonji in view of Eichler teaches the limitations of claim 10. Samonji further teaches, in Fig. 1, that the epitaxial semiconductor layer sequence is disposed on a main face of a growth substrate (101) of the epitaxial semiconductor layer sequence (see Fig. 1; pg. 7, lines 280-300), and that the main face of the growth substrate comprises a multiplicity of distributor structures (101a-c; pg. 7, lines 270-275).
Eichler further teaches, in Fig. 4C, that the distributor structures (7 and 8, [0091]) comprise a coating (8; [0091]) of the main face of the growth substrate (6).
Regarding claim 13, Samonji in view of Eichler teaches the limitations of claim 12. Samonji further teaches that the first emitter region (100a) and the second emitter region (100b) are disposed between two distributor structures (101a-c) or laterally on one side next to at least two distributor structures (see Fig. 1 how first emitter region 100a is disposed laterally on one side next to distributor structures 101b and 101c, and second emitter region 100b is disposed between distributor structures 101a and 101c).
Regarding claim 14, Samonji in view of Eichler teaches the limitations of claim 12. Samonji further teaches that the distributor structures are embodied as trenches in the main face of the growth substrate (top c-plane surface) (see Fig. 1).
Regarding claim 15, Samonji in view of Eichler teaches the limitations of claim 12. Samonji further teaches that at least one distributor structure comprises at least two segments (101a, 101b, and 101c) which are separate from one another and are of the same kind (see Fig. 1).
Regarding claim 17, Samonji in view of Eichler teaches the limitations of claim 10. Samonji further teaches that the first emitter region and the second emitter region are each comprised by a ridge waveguide (113a, 113b; see Fig. 1; pg. 6, lines 215-225).
Regarding claim 18, Samonji in view of Eichler teaches the limitations of claim 10. Samonji further teaches, in Fig. 2A, that on the first emitter region a first contact point (108 and 110a; pg. 6, lines 240-245) for electrically contacting the first emitter region (100a) is disposed, and/or on the second emitter region a second contact point for electrically contacting the second emitter region is disposed (see Fig. 2A, first contact point).
Regarding claim 19, Samonji in view of Eichler teaches the limitations of claim 10. Samonji further teaches a semiconductor laser chip having a radiation-emitting semiconductor body as claimed in claim 10 (pg. 1, lines 15-25).
Regarding claim 20, Samonji in view of Eichler teaches the limitations of claim 10. Eichler further teaches a semiconductor light-emitting diode chip having a radiation-emitting semiconductor body ([0003]), so that “chip production can be simplified and made less expensive” ([0028]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the radiation-emitting semiconductor body of Samonji with the semiconductor light-emitting diode chip of Eichler, so that chip production can be simplified and made less expensive.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Samonji (WO 2011121678 A1, citations made hereinafter to the English Machine Translation included with the Office Action mailed on 5/19/2025), cited by Applicant in the Information Disclosure Statement filed on 1/19/2023, in view of Eichler et al. (US 20170330757), and further in view of Raring et al. (US 20100006873).
Regarding claim 16, Samonji in view of Eichler teaches the limitations of claim 10. Samonji further teaches, in Fig. 1, that the first emitter region and/or the second emitter region comprise an active zone in which in operation the electromagnetic radiation is generated, and that the active zone comprises a first quantum film structure and at least one second quantum film structure (105; pg. 6, lines 212-220).
Samonji in view of Eichler does not explicitly teach that the first quantum film structure within the first emitter region has a different thickness than within the second emitter region, and/or the second quantum film structure within the first emitter region has a different thickness than within the second emitter region.
In a similar field of endeavor, Raring teaches that the first quantum film structure within the first emitter region has a different thickness than within the second emitter region, and/or the second quantum film structure within the first emitter region has a different thickness than within the second emitter region (see Fig. 4b; [0048], [0072], [0076]), so that “great fabrication flexibilities can be afforded by way of monolithic integration of the various color LEDs” ([0011]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the radiation-emitting semiconductor body of Samonji in view of Eichler with the quantum film structure thicknesses of Raring, so that great fabrication flexibilities can be afforded by way of monolithic integration of the various color LEDs.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIKA HEERA SON whose telephone number is 703-756-4644. The examiner can normally be reached Monday - Friday 12:30-9 PM ET.
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/ERIKA H SON/Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893