DETAILED ACTION
This action is responsive to the amendment received on 11/05/2025.
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 I in the reply filed on 07/22/2025 is acknowledged. The traversal is on the ground(s) that “there should be no undue burden on the examiner to consider all claims in the single application”. This is not found persuasive because there are only two arguments considered as proper against a restriction between a product and process of making (see page 3 of the restriction requirement mailed on 06/10/2025): 1) applicant provides evidence or identifies such evidence now of record showing the inventions to be obvious variants, or 2) applicant clearly admits on the record that the inventions are obvious variants which may be used in a rejection under 35 U.S.C. 103. The requirement is still deemed proper and is therefore made FINAL.
Claims 6-7 is/are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 07/22/2025.
Priority
Acknowledgment is made of applicant's claim for priority under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a) based upon an application filed in Japan on 01/18/2022.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3 and 8-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020087964 A; Niwa et al.; 06/2020; (“Niwa”).
Regarding Claim 1. Niwa discloses A semiconductor light-emitting element (Figure 11, semiconductor light emitting device) comprising:
an n-type semiconductor layer (#24, Figure 11, n-type cladding layer) made of an n-type AlGaN- based semiconductor material (#24, Figure 11, n-type cladding layer 24 is an n-type AlGaN-based semiconductor material layer);
an active layer (#26, Figure 11, active layer) provided on a first upper surface of the n-type semiconductor layer (Figure 11, #26 is formed on surface #24a of #24) and made of an AlGaN-based semiconductor material (#26, Figure 11, active layer 26 is made of an AlGaN-based semiconductor material);
a p-type semiconductor layer (#30, Figure 11, p-type cladding layer) provided on the active layer (Figure 11, #30 is formed on #26);
an n-side contact electrode (#232, Figure 11, n-side electrode) that includes a Ti layer (#234, Figure 11, first layer containing Ti) in contact with a second upper surface of the n-type semiconductor layer (Figure 11, #234 is in contact with second surface #24b of #24), an Al layer (#236, Figure 11, second layer containing Al) provided on the Ti layer (Figure 11, #236 is on #234), and a nitride layer (#240, Figure 11, nitride layer) that covers the Al layer (Figure 11, #240 covers #236), wherein
the nitride layer includes a first portion made of TiN (Pages 13-14, “the third portion of the nitride layer 240 is a TiN layer”, i.e. the third portion may be taken as “the first portion” made of TiN) and a second portion containing TiAlN (Pages 13-14, “nitride layer 240 . . . has a first portion . . .and a second portion . . . first portion of the nitride layer 240 is a TiN layer, the second portion of the nitride layer 240 is an AlN layer”, i.e. the first and second portions may be taken together as “the second portion” and containing TiAlN),
the n-side contact electrode further includes a granular part made of TiAl (Page 10 , “the n-side electrode 32 is annealed. The annealing treatment of the n-side electrode 32 is performed at a temperature lower than the melting point of Al (about 660° C.), and preferably 500° C. or higher and 650° C. or lower”, i.e. in Figure 5, after formation of the Ti layer (#38a) TiN layer (#38b) making up layer #238 in Figure 11, the annealing is performed with sidewalls of the interface of the Al layer (#36) and the Ti layer (#34) exposed, instant application states in [0053] that “the RTA method at a temperature equal to or more than 500°C and equal to or less than 650°C. The annealing temperature of the stack 70 is near the melting temperature of the Al layer 44 so that the Al layer 44 is softened. When the Al layer 44 is softened, the second Ti layer 56 provided on the Al layer 44 becomes fluid, which turns Ti and Al into an alloy having a granular shape and forms the granular part 46”. Therefore, the Ti (#234) and Al (#236) layers of Niwa are interpreted to form the same granular structure of TiAl in Niwa as an inherent result of the identified annealing temperature based on applicants disclosure), and
the second portion of the nitride layer covers the granular part (Figure 11, pages 13-14, the second portion, comprising the first and second portions as described above, covers the interface where the Ti (#234) and Al (#236) layers meet such that it necessarily at least partially covers the granular structure from annealing at the interface).
Regarding Claim 2. Niwa discloses The semiconductor light-emitting element according to claim 1, wherein
the first portion covers an upper surface of the Al layer (Figure 11, Pages 13-14, “third portion covering the side surface and the upper surface of the third layer 238”, i.e. the third portion covers an upper surface of #236 as well since it covers the top surface of #238 which is above #236), and
the second portion covers a side surface of the Al layer (Figure 11, Pages 13-14, “second portion that covers the side surface of the second layer 236”).
Regarding Claim 3. Niwa discloses The semiconductor light-emitting element according to claim 1, wherein
the second portion covers an outer circumferential portion of the Al layer (Figure 11, Pages 13-14, “second portion that covers the side surface of the second layer 236”, i.e. the second portion at least partially covers an outer circumferential portion of the Al layer #236).
Regarding Claim 8. Niwa discloses The semiconductor light emitting element according to claim 1, wherein the second portion is in contact with the granular part (Figure 11, pages 13-14, the second portion of #240, comprising the first and second portions as described above, covers and is in direct contact with the interface where the Ti (#234) and Al (#236) layers meet such that it necessarily at least is in contact with the granular structure from annealing at the interface).
Regarding Claim 9. Niwa discloses The semiconductor light emitting element according to claim 1, wherein the second portion covers the granular part such that the granular part is not exposed outside the nitride layer (Figure 11, pages 13-14, the second portion of #240, comprising the first and second portions as described above, covers and is in direct contact with the interface where the Ti (#234) and Al (#236) layers meet such that the interior interface of #234 and #236 where the granular layer is formed is not exposed outside the nitride layer #240).
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(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020087964 A; Niwa et al.; 06/2020; (“Niwa”) as applied to claim 1 above, and further in view of US 2013/0075914 A1; Ichihara et al.; 03/2013; (“Ichihara”).
Regarding Claim 4. Niwa discloses The semiconductor light-emitting element according to claim 1.
Niwa does not disclose that a side surface of the Al layer is sloped with respect to the second upper surface.
However, Ichihara teaches in Figure 6 and [0077]-[0081] that a side surface of a pad electrode (#7p) may be slanted (see angle α) with respect to the upper surface of the underlying semiconductor layer (#4) it is formed on.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to consider forming Al layer of the contact electrode of Niwa to have a sloped surface with respect to the underlying structure, as was done by Ichihara so light from the light emitting element is less likely to hit the electrode, i.e. suppress the light absorption by the electrode 7p , and light which does hit the electrode is reflected upward to be efficiently used (see [0080] and Figure 6 or Ichihara).
Response to Arguments/Amendments
Applicant’s amendments to claim 1 and corresponding arguments, see pages 1-4 of the remarks, filed 11/05/2025, with respect to the 35 U.S.C. 102(a)(1) rejection of claim 1, have been fully considered but are not found persuasive.
Applicant argues that the examiner’s position of Niwa inherently disclosing the formation of the granular part made of TiAl is improper. Applicant first describes (pages 1-2 of the remarks) the procedure of the instant applicant as the formation of a Ti/Al/Ti/Tin stack, followed by an anneal to form the granular layer, then finally an ammonia nitridation to build the nitride layer covering the granular part (Examiner notes that this sequence is described in [0052]-[0054] and Figures 5-7 of the instant application). Applicant argues (pages 2-3) that Niwa’s stack evolution is sufficiently different that the TiAl granular part may not be interpreted as inherently formed because Niwa forms a TiN cap via ammonia plasma followed by the anneal which runs counter to the examiner’s interpretation of the formation of the granular layer. Applicant argues that the formation of the TiN cap impedes the intermixing of Ti and Al at the surface due to the desire to maintain surface smoothness. Because of the applicant’s interpreted differences in the methods of the prior art and instant application, applicant further argues that Niwa fails to disclose the second portion of the nitride layer covering the granular part. Examiner respectfully disagrees.
First, examiner believes it pertinent to directly compare images of the prior art and instant application structures before the anneal takes place.
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Second, examiner provides the following sections from the instant application and from Niwa comparing the formation of the granular layer (or related steps). Instant application granular part formation, [0053], “stack 70 is annealed by using, for example, the RTA method at a temperature equal to or more than 500°C and equal to or less than 650°C. The annealing temperature of the stack 70 is near the melting temperature of the Al layer 44 so that the Al layer 44 is softened. When the Al layer 44 is softened, the second Ti layer 56 provided on the Al layer 44 becomes fluid, which turns Ti and Al into an alloy having a granular shape and forms the granular part 46”. Examiner notes that [0052] states “thickness of the TiN layer 58 is . . . equal to or more than 10 nm and equal to or less than 50 nm”.
Niwa portion Examiner believes inherently discloses granular formation, pages 9-10, “TiN layer 38b is formed by such plasma treatment at a relatively low temperature, the original flatness of the surface of the Ti layer 38a is maintained . . . thickness of the TiN layer 38b is preferably 5 nm or more, and more preferably 10 nm or more. The TiN layer 38b may be formed on at least a part of the side surface 32b of the n-side electrode 32. Subsequently, the n-side electrode 32 is annealed. The annealing treatment of the n-side electrode 32 is performed at a temperature lower than the melting point of Al (about 660° C.), and preferably 500° C or higher and 650° C or lower. . . By performing the annealing treatment while the second layer 36 (Al layer) is covered with the third layer 38, the oxidation of the Al layer due to the annealing treatment can be prevented and the flatness of the n-side electrode 32 can be further improved.”
With regard to the granular part, both instant application and prior art describe a TiN layer on a Ti layer and on its sidewall, with the Ti layer further being on an Al layer. Both TiN layers are described as encompassing thicknesses including 10 nm or more. Both electrodes are annealed at temperatures of 500° C or higher and 650° C or lower. While applicant is correct that Niwa provides a TiN layer to prevent oxidation and ensure smoothness of the Ti layer and prevent oxidation of the Al layer, the described structure is identical to that of the applicant. If applicant is arguing that the TiN layer of Niwa, being 10 nm or more thick, is somehow able to prevent the formation of the granular structure, then the exact same argument would apply to applicant’s own application which also has a preliminary TiN layer with a thickness of 10 nm or more. Because these two annealing processes and the structures prior to annealing are effectively identical to one another, it remains the examiner’s position that Niwa describes a structure and corresponding method which describes inherent formation of the granular structure even if it is not explicitly described as granular by Niwa.(see MPEP 2112.I-IV)
Third, examiner provides the following sections from the instant application and from Niwa comparing the formation of the nitride layer in subsequent processing.
Instant application nitride layer formation, [0053], “surface of the stack 70 is then nitrided by treating the surface with an ammonia (NH3) plasma gas. Nitridation of the stack 70 forms the nitride layer 48 having the first portion 50, the second portion 52, and the third portion 54 as shown in Fig. 7. The first portion 50 is originated from the TiN layer 58 formed in the central portion (i.e., the first region W1). The second portion 52 is a portion formed by nitridation of the granular part 46 exposed outside and contains TiAlN. The third portion 54 is a portion formed by nitridation of the Al layer 44 exposed outside and contains AlN”
Niwa portion Examiner believes discloses nitride layer formation, pages 13-14, “nitride layer 240 is provided so as to cover the upper surface and the side surface of the n-side electrode 232, and has a first portion that covers the side surface of the first layer 234 and a second portion that covers the side surface of the second layer 236. A third portion covering the side surface and the upper surface of the third layer 238. The first portion of the nitride layer 240 is a TiN layer, the second portion of the nitride layer 240 is an AlN layer, and the third portion of the nitride layer 240 is a TiN layer. The nitride layer 240 can be formed by nitriding the surfaces of the first layer 234, the second layer 236, and the third layer 238 by an ammonia gas plasma treatment.”
With regard to the nitride layer and its respective portions, both instant application and prior art describe nitridation to form the respective portions of the nitride layer as being achieved by ammonia plasma treatment of the exposed surfaces of the respective layers, including specifically the Al layer (#236 and/or #36 depending on Figure) and the Ti layer (#238 and/or #38). Based on the above interpretation that a granular structure will inherently be formed at the interfaces of the Ti and Al layers due to the previous annealing process, the subsequent nitridation processes will result in the same separate portions of the nitride layer in both the instant application and the prior art. To be more specific, in Niwa the interface of the Ti layer (#38a) and the Al layer (#36) which has been made granular and is exposed on the left and right edges of the electrode will be nitrided be the above described process to form the respective portions of the nitride layer in direct contact with the respective layers of the electrode. Because these two nitridation processes and the exposed structures prior to nitridation are effectively identical to one another, it remains the examiner’s position that Niwa describes a structure and corresponding method which describes inherent formation of the portioned nitride layer on and in direct contact with the respective underlying layers even if it is not explicitly described as such by Niwa.(see MPEP 2112.I-IV).
Therefore it is the examiner’s position that Niwa discloses, either explicitly of inherently, all the limitations of amended claim 1 and Claim(s) 1-3 and 8-9 stand rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020087964 A; Niwa et al.; 06/2020; (“Niwa”). Based on the explanations provided above, there are not believed to be any deficiencies in the rejection in view of Niwa such that the secondary reference used in the 35 U.S.C. 103 rejection of claim 4 is not required to overcome any deficiencies in the rejection of claim 1. Claim(s) 4 stands rejected under 35 U.S.C. 103 as being unpatentable over JP 2020087964 A; Niwa et al.; 06/2020; (“Niwa”) as applied to claim 1 above, and further in view of US 2013/0075914 A1; Ichihara et al.; 03/2013; (“Ichihara”).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER JAMES WIEGAND whose telephone number is (571)270-0096. The examiner can normally be reached Mon-Fri. 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTINE KIM can be reached at (571) 272-8458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER J WIEGAND/Examiner, Art Unit 2812 /CHRISTINE S. KIM/Supervisory Patent Examiner, Art Unit 2812