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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 19, 2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beeson et al (PG Pub 2007/0085105 A1), Saenger Nayver et al (PG Pub 20190094642 A1), Misra et al (PG Pub 2004/0119077 A1), and Shen et al (PG Pub 2002/0190260 A1)
Regarding claim 1, Beeson teaches a light emitting device, comprising: a waveguide (150, figs. 1G to 1I) having an insertion hole; a light emitting diode (102, paragraph [0043]) comprising: a Gallium nitride (GaN) n-type layer (120), a GaN p-type layer (132), a GaN active layer (126), between the GaN n-type layer and the GaN p-type layer, comprising at least one quantum well layer containing In (GaN-based, paragraph [0048] such as InGaN, paragraph [0043]), a reflective layer (138, paragraph [0041]) on the GaN p-type layer, wherein the distance between the at least one quantum well layer and the reflective layer is chosen so that light generated from the GaN active layer is preferentially emitted into lateral modes away from a surface normal to the GaN active layer (fig. 1I); wherein the GaN active layer is positioned within the insertion hole of the waveguide to allow for light from the GaN active layer to be efficiently coupled into the waveguide; wherein the reflective layer is a metal (paragraph [0041]); and wherein the reflective layer is a p-side contact for the GaN p-type layer (138 is contact for p-GaN layer 132, paragraph [0049], fig. 1H).
Beeson does not teach the distance between the at least one quantum well layer and the reflective layer is chosen in terms of full wave optical thickness (FWOT).
Saenger Nayver teaches full wave optical thickness is a unit of length and can be found by dividing the product the physical thickness of a layer (d, equation 2) and refractive index of the layer (n(λ)) by the wavelength of the reference light (λ).
Thus, it is inherent that the distance in Beeson’s device can be expressed in terms of full wave optical thickness (FWOT) by converting a unit to another.
Beeson does not teach the distance in terms of FWOT is about 0.4.
In the same field of endeavor, Misra teaches light interference patterns from a light emitting region of a device can be adjusted by the distance between the active layer (thus, the quantum well layer) and the reflective contact layer (paragraph [0034], fig. 3). The light interference patterns are also a function of the phase shift, Φ, which is reflector material dependent (paragraph [0033]), the reflector imparts on the light when the light is being reflected (equation 3, paragraph [0040]), and a function of Φ’, which depends on the distance between the active layer and the reflector (paragraph [0039]).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to adjust the distance in terms of FWOT, to about 0.4, for example, to optimize the light interference patterns according to its intended use. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Finally, in the same field of endeavor, Shen teaches when FWOT (d/lambda, fig. 23) is about 0.4, the topside flux is near zero.
Beeson teaches the device to be a side emitting device (fig. 1H and abstract).
Thus, it would have been obvious to the skilled in the art before the effective filing date of the invention to make the distance in terms of FWOT to about 0.4, for the benefit of reducing the top emitting flux to produce light from the sides of the device.
Regarding claim 2, Beeson teaches the light emitting device of claim 1, wherein the reflective layer is parallel to the GaN active layer (figs. 1G to 1I).
Regarding claim 3, Beeson teaches the light emitting device of claim 1, wherein the chosen distance between the at least one quantum well layer and the reflective layer is dependent on a phase shift with respect to light reflected by the reflective layer (changing the distance between the quantum well layer and the reflective layer inherently changes the phase shift of the light).
Regarding claim 7, Beeson teaches the light emitting device of claim 5, wherein the waveguide is on a substrate (104, paragraph [0138]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3 and 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/FEIFEI YEUNG LOPEZ/Primary Examiner, Art Unit 2899