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 .
Election/Restrictions
Applicant's election with traverse of Invention II and Method Embodiment 1 in the reply filed on 11/05/2025 is acknowledged. The traversal is on the ground(s) that a serious search burden does not exist. This is not found persuasive because as stated in the Restriction/Election Office Action mailed on 09/18/2025, Group I and Group II do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical feature.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/05/2025.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the recited limitation in claim 17 of “disposing ohmic electrodes…on a side of the second supporting substrate opposite to the epitaxial layer…” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 17 recites the limitation “disposing ohmic electrodes…on a side of the second supporting substrate opposite to the epitaxial layer…” in the last paragraph of the claim. Referencing the specification for support, the Examiner was unable to find a description for electrodes on a side of the second supporting substrate (28 of the instant application as shown in Fig 15), opposite (Merriam-Webster dictionary defines opposite as “set over against something that is at the other end or side of an intervening line or space”) the epitaxial layer (22 of the instant application as shown in Fig 15). Using that definition, the examiner interprets the limitation “opposite the epitaxial layer” meaning the bottom of the second supporting substrate. The specification of the instant application does not disclose electrodes on the side of second supporting substrate opposite (bottom) from the epitaxial layer. For purposes of examination, Examiner is interpreting “…on a side of the second supporting substrate opposite the epitaxial layer…” as “…on a side of the second supporting structure on the epitaxial layer”.
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 is rejected under 35 U.S.C. 103 as being unpatentable over Odnoblyudov et al. (US 2014/0183442 A1, hereinafter Odnoblyudov ‘442), in view of Odnoblyudov et al. (US 2017/0110314 A1, hereinafter Odnoblyudov ‘314), in view of Niwa et al. (JP 2019-220535 A, hereinafter Niwa ‘535), in further view of Feuillet et al. (US 2022/0359479 A1, hereinafter Feuillet ‘479), in view of the following arguments.
With respect to Claim 1 Odnoblyudov ‘442 discloses an epitaxial wafer for an ultraviolet light emitting device, comprising,
a heat-resistant first support substrate (220a, Fig 2B, Para [0017])(Para [0021] discloses 220a as an oxide and ceramic substrate),
a planarization layer (barrier material, Fig 2B, Para [0018], Para [0018] discloses a barrier layer (not shown) on 220a, hereinafter PL) provided on at least upper surface (top of 220a) of the first supporting substrate (220a)(Para [0018] discloses a barrier layer (not shown) on upper surface of 220a),
a group III nitride single crystal seed crystal layer (222b, Fig 2F, Para [0028 and 0030] discloses 222b as AlGaN epitaxial layer), which is bonded (disclosed in Para [0025]) to upper surface (top of PL on top of 220a) of the planarization layer (PL) by bonding (disclosed in Para [0025]),
on the seed crystal layer (222b),
But Odnoblyudov ‘442 fails to explicitly disclose a planarization layer with a thickness of 0.5 to 3 µm.
Nevertheless, in related endeavor (Fig 1 of Odnoblyudov ‘314), Odnoblyudov ‘314 teaches a planarization layer (116/122, Fig 1 of Odnoblyudov ‘314, Para [0022]) with a thickness of 0.5 to 3 µm.
Odnoblyudov ‘314 teaches, in Para [0023], layer 122 as less than 5 µm to provide a layer thin enough so it does not contribute to the CTE properties of the device. However, the examiner notes that because thicknesses are known to affect device properties and would depend on the desired device characteristics, one of ordinary skill in the art would have been led to the recited thicknesses through routine experimentation to achieve desired characteristics of the formed device through routine optimization. Having this mind, Odnoblyudov ‘314 teaches a planarization layer (116/122) with a thickness of 0.5 to 3 µm. Therefore, it would have been obvious to a person of ordinary skill in the art to arrive at the recited limitation through routine optimization, to obtain the well-known advantage of providing a planarization layer thin enough so it does not contribute to the CTE properties of the device. See MPEP§2144.05 (II)(A),(B).
As incorporated, the planarization layer thickness of 0.5 to 3 µm taught by of Odnoblyudov ‘314 would be used as the thickness of planarization layer (PL) of Odnoblyudov ‘442.
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 fails to explicitly disclose an epitaxial layer comprising a first conductivity type cladding layer containing AxGa1-xN (0.5<x≤1) as a main component, an AlGaN-based active layer, and a second conductivity type cladding layer containing AlyGa1-yN (0.5<y≤1) as a main component being laminated and grown in order.
Nevertheless, in a related endeavor (Fig 1 of Niwa ‘535), Niwa ‘535 teaches, an epitaxial layer (32, Fig 1 of Niwa ‘535, Para 27) comprising a first conductivity type (Para 27 of Niwa ‘535 discloses 32 as n-type) cladding layer containing AlXGa1-xN (0.5<x≤1) as a main component (Para 23 of Niwa ‘535 discloses layer 32 having a composition of In1-x-yAlxGayN (0 ≦ x + y ≦ 1, 0 ≦ x ≦ 1, 0 ≦ y ≦ 1). , GaN, AlGaN, indium aluminum nitride (InAlN), indium gallium nitride (InGaN), and indium aluminum gallium nitride (InAlGaN)), an AlGaN-based active layer (34, Fig 1 of Niwa ‘535, Para 29), and a second conductivity type (Para 31 of Niwa ‘535 disclose layer 38 as p-type) cladding layer (38, Fig 1 of Niwa ‘535, Para 31) containing AlyGa1-yN (0.5<y≤1) as a main component (Para 23 of Niwa ‘535 discloses 38 having a composition of In1-x-yAlxGayN (0 ≦ x + y ≦ 1, 0 ≦ x ≦ 1, 0 ≦ y ≦ 1). , GaN, AlGaN, indium aluminum nitride (InAlN), indium gallium nitride (InGaN), and indium aluminum gallium nitride (InAlGaN)) being laminated and grown in order (Para 26-30 of Niwa ‘535 disclose layer grown in order).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Niwa ‘535’s teaching of an epitaxial layer comprising a first conductivity type cladding layer containing AlXGa1-xN (0.5<x: 1) as a main component, an AlGaN-based active layer, and a second conductivity type cladding layer containing AlyGa1-yN (0.5<y 1) as a main component being laminated and grown in order into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314’s device. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 teaches epitaxial layers and an active layer for a UV LED device with GaInN n-type, p-type and active layer but is silent on the mole fraction of AlGaN in those layers. Niwa ‘535 also teaches a UV LED device with GaInN n-type, p-type and active layer and quantifies the mole fraction of AlGaN in each of those layers. Therefore the ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 in the manner set forth above, at least, because the AlGaN compositions taught by Niwa ‘535 would have saved R&D time to determine the composition of the layers through routine optimization. Further Para 27-29 of Niwa ‘535 teach these layer compositions create the proper bandgap for UV LED devices.
As incorporated, the n-type AlGaN cladding layer, the AlGaN active layer and the p-type AlGaN cladding layer with the AlGaN compositions as disclosed above would be used in the device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and would be on seed layer (222b) of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314.
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and further modified by Niwa ‘535 fails to explicitly disclose a seed layer with a thickness of 0.1 to 1.5µm.
Nevertheless, in a related endeavor (3B of Feuillet ‘479), Feuillet ‘479 teaches a seed layer (500, Fig 3B of Feuillet ‘479, Para [0167]) with a thickness of 0.1 to 1.5µm (Para [0167] of Feuillet ‘479 discloses 500 as between 50 and 200 nanometers).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Feuillet ‘479’s teaching of a seed layer with a thickness of 0.1 to 1.5µm into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and further modified by Niwa ‘535’s device. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and further modified by Niwa ‘535 teaches a formation of a epitaxial structure using a seed layer but is silent on the thickness of the seed layer. Feuillet ‘479 teaches formation of an epitaxial structure and provides a thickness for the seed layer. Therefore the ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and further modified by Niwa ‘535 in the manner set forth above, at least, because seed layer thickness taught by Feuillet ‘479 would have saved R&D time of the ordinary artisan would have needed to determine a seed layer the composition of the layers through routine optimization. Further Para [0167] of Feuillet ‘479 teaches that thickness is need to resume growth of further epitaxial layers.
As incorporated, the seed layer thickness taught by Feuillet ‘479 would be used as the thickness of seed layer (222b) in the device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and further modified by Niwa ‘535.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Odnoblyudov ‘442, in view of Odnoblyudov ‘314, in view of Niwa ‘535 in view of Feuillet ‘479, in view of Iwata et al (US 2016/0172534 A1, hereinafter Iwata ‘534)), in further view of Hagimoto et al. (JP 2005-259912 A, hereinafter Hagimoto ‘912), in view of the following arguments.
With respect to Claim 10 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 discloses all limitations for a method for producing an ultraviolet light emitting device, comprising,
preparing an epitaxial wafer for an ultraviolet light emitting device according to claim1, and Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 further teaches,
the seed crystal layer (222b of Odnoblyudov ‘442), the epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535 above) on the seed crystal layer (222b)
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 fails to explicitly disclose
removing part of the epitaxial layer from a side of the second conductivity type cladding layer to at least the AlGaN-based active layer to partially expose the first conductivity type cladding layer,
disposing an ohmic electrode on each of the partially exposed first conductivity type cladding layer and the second conductivity type cladding layer that is left unremoved,
Nevertheless, in a related endeavor (Fig 1-4 of Iwata ‘534), Iwata ‘534 teaches removing part (section on right side of 130 as shown in Fig 4 of Iwata ‘534) of the epitaxial layer (132/133/134/135/136, Fig 4 of Iwata ‘534, Para [0075]) from a side (right side of 130 as shown in Fig 4 of Iwata ‘534) of the second conductivity type cladding layer (135/136, Fig 4 of Iwata ‘534, Para [0075]) to at least the AlGaN-based active layer (134, Fig 4 of Iwata ‘534, Para [0075])(Fig 4 of Iwata ‘534 discloses recess of active layer 134) to partially expose the first conductivity type cladding layer (132/133. Fig 4 of Iwata ‘534, Para [0075]), disposing an ohmic electrode (141 and 142, Fig 4 of Iwata ‘534, Para [0075]) on each of the partially exposed first conductivity type cladding layer (132/133) and the second conductivity type cladding layer (135/136) that is left unremoved (orientation of electrodes disclosed in Fig 4 of Iwata ‘534),
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Iwata ‘534’s teaching of removing part of the epitaxial layer from a side of the second conductivity type cladding layer to at least the AlGaN-based active layer to partially expose the first conductivity type cladding layer, disposing an ohmic electrode on each of the partially exposed first conductivity type cladding layer and the second conductivity type cladding layer that is left unremoved into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 teaches a UV Led device but is silent of the process details to create the device electrodes. Iwata ‘534 provides process details to create electrodes on the p-type and n-type cladding layers of an LED device. The ordinary artisan would have been motivated to modify the process of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 in the manner set forth above, at least, because this process would improve the manufacturing process of the device by adding a known step to enable a functional final UV LED device.
As incorporated, the method of forming electrodes on the p-type and n-type cladding layers as taught by Iwata ‘534 would be incorporated in the method to create the electrodes of the UV LED device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535.
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Iwata ‘534 fails to explicitly disclose by removing the planarization layer on the first support substrate, separating from the first support substrate to produce an ultraviolet light emitting device.
Nevertheless, in a related endeavor (Fig 4-6 of Hagimoto ‘912), Hagimoto ‘912 teaches by removing the planarization layer (25, Fig 4 of Hagimoto ‘912, Para [0040]) on the first support substrate (110, Fig 4 of Hagimoto ‘912), separating (disclosed in Fig 6 of Hagimoto ‘912, Para [0040]) from the first support substrate (110) to produce an ultraviolet light emitting device.
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Hagimoto ‘912’s teaching of by removing the planarization layer on the first support substrate, separating the seed crystal layer and the epitaxial layer left on the seed crystal layer from the first support substrate to produce an ultraviolet light emitting device into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Iwata ‘534’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Iwata ‘534 teach a UV device formed on a substrate but are silent on removing the device from the substrate. Hagimoto ‘912 teaches a method to etch an LED device from its supporting substrate. Therefore the ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Iwata ‘534 in the manner set forth above, at least, because this method provides a proven manufacturing process that would enable the UV LED device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Iwata ‘534 to be placed in a final device.
As incorporated, the temporarily substrate (110 of Hagimoto ‘912) bonded to a side of the second conductivity type cladding layer would be used on the seed crystal layer (222b of Odnoblyudov ‘442) and epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535) to achieve separation of the seed crystal layer (222b of Odnoblyudov ‘442), the epitaxial layer on the seed crystal layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535), and the temporary support substrate (110 of Hagimoto ‘912) from the first support substrate (220a of Odnoblyudov ‘442).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Odnoblyudov ‘442, in view of Odnoblyudov ‘314, in view of Niwa ‘535 in view of Feuillet ‘479, in view of Iwata ‘534, in view of Hagimoto ‘912, in further view of Henley (US 2018/0138357 A1, hereinafter Henley ‘357, in view of the following arguments.
With respect to Claim 11 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘915 discloses all limitations of a method for producing an ultraviolet light emitting device array, comprising combining a plurality of the ultraviolet light emitting devices produced by the ultraviolet light emitting device producing method according to claim 10,
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘912 fails to explicitly disclose to produce an ultraviolet light emitting device array.
Nevertheless, in a related endeavor (Fig 10A-10B of Henley ‘357), Henley ‘357 teaches to produce an light emitting device array (Fig 10A=10B and Para [0135] of Henley ‘357 disclose a process to produce an array of LED devices).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Henley ‘357’s teaching of to produce an light emitting device array into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘534’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘912 teach a UV device but are silent on a process to create an end device. Henley ‘357 teaches a method create an end device using LED devices. Therefore the ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘534’s method in the manner set forth above, at least, because this method would improve the manufacturing process to enable the UV LED device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘534’s method to be placed in an end use device.
As incorporated, the method of placing LED devices in an array taught by Henley ‘357 would be used to create an array of the UV LED devices of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Iwata ‘534 and further modified by Hagimoto ‘534.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Odnoblyudov ‘442, in view of Odnoblyudov ‘314, in view of Niwa ‘535 in view of Feuillet ‘479, in view of Hagimoto ‘912, in view of Liu et al. (US 2012/0074383 A1, hereinafter Liu ‘383), in view of the following arguments.
With respect to Claim 12 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 discloses all limitations for a method for producing a metal bonded substrate for an ultraviolet light emitting device, comprising, preparing an epitaxial wafer for an ultraviolet light emitting device according to claim1, and Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 further teaches,
the seed crystal layer (222b of Odnoblyudov ‘442), the epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535 above) on the seed crystal layer (222b)
the seed crystal layer (222b of Odnoblyudov ‘442) opposite to the epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535 above)
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 fails to explicitly disclose
temporarily bonding a side of the second conductivity type cladding layer of the epitaxial layer to a temporary support substrate,
separating the seed crystal layer, the epitaxial layer on the seed crystal layer, and the temporary support substrate from the first support substrate by removing the planarization layer on the first support substrate,
Nevertheless, in a related endeavor (Fig 4-6 of Hagimoto ‘912), Hagimoto ‘912 teaches temporarily bonding a side (on top side of layer 6) of the second conductivity type cladding layer (6, Fig 2 of Hagimoto ‘912, Para [0026]), of the epitaxial layer (24, Fig 2 of Hagimoto ‘912, Para [0025]) to a temporary support substrate (110, Fig 2 of Hagimoto ‘912, Para [0035]), separating (disclosed in Fig 3 of Hagimoto ‘912 and Para [0037]), and the temporary support substrate (110) from the first support substrate (1, Fig 4 of Hagimoto ‘912, Para [0040]) by removing the planarization layer (3, Fig 3 of Hagimoto ‘912, Para [0037]) on the first support substrate (1),
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Hagimoto ‘912’s teaching of temporarily bonding a side of the second conductivity type cladding layer of the epitaxial layer to a temporary support substrate, separating the seed crystal layer, the epitaxial layer on the seed crystal layer, and the temporary support substrate from the first support substrate by removing the planarization layer on the first support substrate, into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 teach a UV device formed on a substrate but are silent on removing the device from the substrate. Hagimoto ‘912 teaches a method to etch an LED device from its supporting substrate. Therefore the ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and further modified by Feuillet ‘479 in the manner set forth above, at least, because this method of using a temporary substrate to move the LED device would reduce the possibility of damaging the LED device during the manufacturing process.
As incorporated, the temporarily substrate (110 of Hagimoto ‘912) bonded to a side of the second conductivity type cladding layer would be used on the seed crystal layer (222b of Odnoblyudov ‘442) and epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535) to achieve separation of the seed crystal layer (222b of Odnoblyudov ‘442), the epitaxial layer on the seed crystal layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535), and the temporary support substrate (110 of Hagimoto ‘912) from the first support substrate (220a of Odnoblyudov ‘442).
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Hagimoto ‘912 fails to explicitly disclose after forming a reflective metal layer on a side of the seed crystal layer opposite to the epitaxial layer, and bonding the reflective metal layer to a conductive second support substrate by metal bonding, separating a structure comprising the second support substrate, the reflective metal layer, the seed crystal layer and the epitaxial layer from the temporary support substrate to produce a metal bonded substrate for an ultraviolet light emitting device.
Nevertheless, in a related endeavor (Fig 2A-2M of Liu ‘383), Liu ‘383 teaches after forming a reflective metal layer (290, Fig 2I of Liu ‘383, Para [0027]), and bonding the reflective metal layer (290) to a conductive second support substrate (250, Fig 2J of Liu ‘383, Para [0027]) by metal bonding (disclosed in Fig 2J and Para [0028] of Liu ‘383), separating (disclosed in Para [0031]) a structure comprising the second support substrate (250 as part of A1, Fig 2J of Liu ‘383, Para [0028]), the reflective metal layer (290), from the temporary support substrate (200, Fig 2K of Liu ‘383, Para [0031]) to produce a metal bonded (bonding of 250 to LED structure disclosed in Para [0028]) substrate (250 bonded on bottom of LED structure shown in Fig 2L of Liu ‘383, Para [0031]) for an ultraviolet light emitting device.
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Liu ‘383’s teaching of after forming a reflective metal layer on a side of the seed crystal layer opposite to the epitaxial layer, and bonding the reflective metal layer to a conductive second support substrate by metal bonding, separating a structure comprising the second support substrate, the reflective metal layer, the seed crystal layer and the epitaxial layer from the temporary support substrate to produce a metal bonded substrate for an ultraviolet light emitting device, into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Hagimoto ‘912’s method. The ordinary artisan would have been motivated to modify Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and further modified by Hagimoto ‘912 in the manner set forth above, at least, because this method of teaches a proven way to make a functional LED device by adding a reflective layer to achieve the well-known advantage of directing light from the device towards the direction the light is needed.
As incorporated, the reflective metal layer (290 of Liu ‘383) would be formed on a side of the seed crystal layer (222b of Odnoblyudov ‘442) opposite to the epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535), so when separated from the temporary substrate, as described above, the reflective metal layer (290 of Liu ‘383), the seed crystal layer (222b of Odnoblyudov ‘442) and epitaxial layer (32/34/38 of Odnoblyudov ‘442 as modified by Niwa ‘535) would be together as part of the UV LED device.
With respect to Claim 13 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 disclose all limitations of the method for producing a metal bonded substrate for an ultraviolet light emitting device, according to claim 12, and Liu ‘383 further teaches
wherein the second support substrate (250) is one of single crystal such as Si, Ge, GaAs, metal such as Cu, Al, and carbon, or a composite material thereof. (Para [0027] discloses 250 as Si)
With respect to Claim 14 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 discloses all limitations of the method for producing a metal bonded substrate for an ultraviolet light emitting device according to claim12, and Liu ‘383 further discloses
wherein Au is used (Au use in bonding is disclosed in Para [0028] of Liu ‘383) when bonding the reflective metal layer (290) and the second support substrate (250) by metal bonding (bonding process disclosed in Para [0028] of Liu ‘383).
With respect to Claim 15 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 discloses all limitations of the method for producing a metal bonded substrate for an ultraviolet light emitting device according to claim12, and Liu ‘383 further discloses
wherein the reflective metal layer (290) is made of Al (Para [0028] of Liu ‘383 discloses reflection layer as aluminum).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Odnoblyudov ‘442, in view of Odnoblyudov ‘314, in view of Niwa ‘535 in view of Feuillet ‘479, in view of Hagimoto ‘912, in view of Liu ‘383, in further view of Iwata ‘534, in view of the following arguments.
With respect to Claim 16 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 discloses all limitations of the method for producing an ultraviolet light emitting device, comprising,
preparing a metal bonded substrate for an ultraviolet light emitting device produced by the method for producing a metal bonded substrate for an ultraviolet light emitting device according to claim12,
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 fails to explicitly disclose
removing part of the epitaxial layer from a side of the second conductivity type cladding layer to at least the AlGaN-based active layer to partially expose the first conductivity type cladding layer,
disposing an ohmic electrode on each of the partially exposed first conductivity type cladding layer and the second conductivity type cladding layer that is left unremoved,
Nevertheless, in a related endeavor (Fig 1-4 of Iwata ‘534), Iwata ‘534 teaches removing part (section on right side of 130 as shown in Fig 4 of Iwata ‘534) of the epitaxial layer (132/133/134/135/136, Fig 4 of Iwata ‘534, Para [0075]) from a side (right side of 130 as shown in Fig 4 of Iwata ‘534) of the second conductivity type cladding layer (135/136, Fig 4 of Iwata ‘534, Para [0075]) to at least the AlGaN-based active layer (134, Fig 4 of Iwata ‘534, Para [0075])(Fig 4 of Iwata ‘534 discloses recess of active layer 134) to partially expose the first conductivity type cladding layer (132/133. Fig 4 of Iwata ‘534, Para [0075]), disposing an ohmic electrode (141 and 142, Fig 4 of Iwata ‘534, Para [0075]) on each of the partially exposed first conductivity type cladding layer (132/133) and the second conductivity type cladding layer (135/136) that is left unremoved (orientation of electrodes disclosed in Fig 4 of Iwata ‘534).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Iwata ‘534’s teaching of removing part of the epitaxial layer from a side of the second conductivity type cladding layer to at least the AlGaN-based active layer to partially expose the first conductivity type cladding layer, disposing an ohmic electrode on each of the partially exposed first conductivity type cladding layer and the second conductivity type cladding layer that is left unremoved into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 teaches a UV Led device but is silent of the process details to create the device electrodes. Iwata ‘534 provides process details to create electrodes on the p-type and n-type cladding layers of an LED device. The ordinary artisan would have been motivated to modify the process of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 in the manner set forth above, at least, because this process would improve the manufacturing process of the device by adding a proven step to create electrodes to achieve the well-known advantage of providing a means to power and enable a functional final UV LED device.
As incorporated, the method of forming electrodes on the p-type and n-type cladding layers as taught by Iwata ‘534 would be incorporated in the method to create the electrodes of the UV LED device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383.
With respect to Claim 17 Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 discloses all limitations of the method for producing an ultraviolet light emitting device, comprising, preparing a metal bonded substrate for an ultraviolet light emitting device produced by the method for producing a metal bonded substrate for an ultraviolet light emitting device according to claim12, and Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 further discloses the epitaxial layer (32/34/38 of Niwa ‘535 as incorporated above) the second supporting substrate (250 of Liu ‘383 as incorporated above).
But Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 fails to explicitly disclose
disposing ohmic electrodes on the epitaxial layer and on a side of the second supporting substrate opposite (Reference Examiner’s interpretation of “…on a side of the second supporting substrate opposite the epitaxial layer…” as “…on a side of the second supporting structure on the epitaxial layer”). to the epitaxial layer, respectively, to produce the ultraviolet light emitting device.
Nevertheless, in a related endeavor (Fig 1-4 of Iwata ‘534), Iwata ‘534 teaches disposing ohmic electrodes (141 and 142, Fig 4 of Iwata ‘534, Para [0075]) on the epitaxial layer (136, Fig 4, Para [0075]) and on a side (right side as shown in Fig 4 of Iwata ‘534) of the second supporting structure (112, Fig 4 of Iwata ‘534, Para [0038]) on the epitaxial layer (132, Fig 4 of Iwata ‘534, Para [0075]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Iwata ‘534’s teaching of disposing ohmic electrodes on the epitaxial layer, to produce the ultraviolet light emitting device into Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383’s method. Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 teaches a UV Led device but is silent of the process details to create the device electrodes. Iwata ‘534 provides process details to create electrodes on the p-type and n-type cladding layers of an LED device. The ordinary artisan would have been motivated to modify the process of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383 in the manner set forth above, at least, because this process would improve the manufacturing process of the device by adding a proven step to create electrodes to achieve the well-known advantage of providing a means to power and enable a functional final UV LED device.
As incorporated, the method and location of forming electrodes on the p-type and n-type cladding layers as taught by Iwata ‘534 would be incorporated in the method to create the electrodes of the UV LED device of Odnoblyudov ‘442 as modified by Odnoblyudov ‘314 and modified by Niwa ‘535 and modified by Feuillet ‘479 and modified by Hagimoto ‘912 and further modified by Liu ‘383.
Conclusion
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/PAUL A BERRY/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898