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 without traverse of Species D and F (Claims 1-9,12, 13,16-18; Fig. 8, 12 and 13) in the reply filed on 12/09/2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites “the intermediate layer has a thickness of greater than 10 nm to 400 nm.”
It is not clear as to what thickness of the intermediate layer has a thickness of greater than, 10nm, 400nm or both.
For the purposes of examination, the examiner will treat the limitation to be met as long as the intermediate layer has a thickness of greater than 10 nm.
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) 1-9, 12, 13 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (US 2016/0225950 A1) in view of Yun (KR 20150028081 A)
Regarding Claim 1, Han (Fig. 10-12) discloses a light emitting device comprising:
a first window layer (127) supplying electrons;
a second window layer (143a) supplying holes;
an active layer (139) interposed between the first window layer and the second window layer;
an electron regulation layer (electron control layer 128) interposed between the first window layer (127) and the active layer (139);
a hole regulation layer (141) interposed between the second window layer (143a) and the active layer (139); and
an intermediate layer (143 c) interposed between the second window layer (143a) and the hole regulation layer (141), wherein
Han does not explicitly disclose the intermediate layer has different roughnesses on upper and lower interfaces thereof.
Yun (Fig. 1-4) discloses an intermediate layer (14) has different roughnesses on upper (see top 140a-b) and lower (see bottom of 140) interfaces thereof. (“The intermediate layer 140 may be formed with a curved pattern on its surface. The pattern formed on the surface of the intermediate layer 140 increases the total reflection angle, thereby reducing the total reflection of light emitted from the active layer in the light emitting structure and improving the light extraction efficiency. It is effective to form such a pattern on the upper or lower portion of the light emitting structure 160 in which total reflection is concentrated. The pattern formed on the surface of the intermediate layer 140 can be formed by increasing the thickness or increasing the growth rate during the metal organic chemical vapor deposition.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light emitting device in Han in view of Yun such that the intermediate layer has different roughnesses on upper and lower interfaces thereof in order to light can be emitted from the outside without being totally reflected from the light source (Yun)
Regarding Claim 2, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer (14) comprises an uneven interface. (Fig. 1-4, Yun)
Regarding Claim 3, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer (143 c) comprises Al and In (“Mg-doped AlGaN layer or AlInGaN layer”) [0123] and has a greater In-concentration gradient than an Al-concentration gradient per unit distance.
Han in view of Yun does not explicitly disclose a greater In-concentration gradient than an Al-concentration gradient per unit distance.
However, Han further discloses Al content of about 8% and further discloses varying In content for the purpose of alter electron mobility [0116] or to reduce lattice mismatch [0119].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify In-concentration or Al-concentrationin in the intermediate layer of a light emitting device in Han in view of Yun such that a greater In-concentration gradient than an Al-concentration gradient per unit distance in order to alter electron mobility [0116] or to reduce lattice mismatch [0119].in the intermediate layer.
Regarding Claim 4, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer (143 c) (140) comprises a Group III material contained in a layer (145) (150) disposed on the intermediate layer and a Group III material contained in a layer (43C) (130) disposed under the intermediate layer.
Regarding Claim 5, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer (143 c) (140).
Han in view of Yun does not explicitly disclose the intermediate layer has different distributions or densities of Al and In per unit region thereof.
However, Han further discloses Al content of about 8% and further discloses varying In content for the purpose of alter electron mobility [0116] or to reduce lattice mismatch [0119].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify In-concentration or Al-concentrationin in the intermediate layer of a light emitting device in Han in view of Yun such that the intermediate layer has different distributions or densities of Al and In per unit region thereof in order to alter electron mobility [0116] or to reduce lattice mismatch [0119].in the intermediate layer.
Regarding Claim 6, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer (143c) (140) has a smaller thickness than a layer disposed on the intermediate layer (150) (143b) and a layer disposed under (41) the intermediate layer. (See Fig. 1 Yun).
Han in view of Yun does not explicitly disclose a smaller thickness.
Yun and Han further discloses the intermediate layer has a thickness range of 1 to 1000 Ang(Yun) and [0123] in Han in order to adjust conductivity and size of the diode.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select thickness for the intermediate layer in a light emitting device in Han in view of Yun such that he intermediate layer has a smaller thickness than a layer disposed on the intermediate layer and a layer disposed under the intermediate layer in order to adjust conductivity and size of the diode (Yun) and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 276 (CCPA 1980).
Regarding Claim 7, Han in view of Yun discloses the light emitting device according to claim 6, wherein
the layer disposed on the intermediate layer (150), the layer disposed under the intermediate layer (130), and the intermediate layer (140)
Han in view of Yun have thicknesses decreasing in the stated sequence.
Yun and Han further discloses the intermediate layer has a thickness range of 1 to 1000 Ang(Yun) and [0122-0123] in Han in order to adjust conductivity and size of the diode.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select thickness for the intermediate layer in a light emitting device in Han in view of Yun such that have thicknesses decreasing in the stated sequence in order to adjust conductivity and size of the diode (Yun) and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 276 (CCPA 1980).
Regarding Claim 8, Han in view of Yun discloses the light emitting device according to claim 1, wherein
the intermediate layer has a continuous shape. ((143 c) (140))
Regarding Claim 9, Han in view of Yun discloses the light emitting device according to claim 8, wherein
the intermediate layer ((143 c) (140)) has a thickness of greater than 10 nm to 400 nm. [0123 Han] and (a thickness range of 1 to 1000 Ang Yun)
Regarding Claim 12, Han in view of Yun discloses the light emitting device according to claim 1, wherein
Han in view of Yun as previously combined does not explicitly disclose an upper interface of the second window layer is an uneven surface.
Yun (Fig. 1) discloses an upper interface of a second window layer (150) is an uneven surface. (“The second semiconductor layer 150 has a roughness of micro (mu m) size formed on its surface. Here, the micro () size will mean that the size is between several micrometers and several tens of micrometers. The roughness produced on the surface of the second semiconductor layer 150 is a pattern having a large surface roughness due to the micro-sized microstructure.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light emitting device in Han in view of Yun such that an upper interface of the second window layer is an uneven surface in order to reduce the total reflection of light emitted from the active layer in the light emitting structure. (Yun)
Regarding Claim 13, Han in view of Yun discloses the light emitting device according to claim 12, wherein
a lower interface of the first window layer (surface of 150 in contact with 140) is a textured surface (texture of top surface of 140) and has a different shape or roughness than the upper interface of the second window layer. (top of 150)
Regarding Claim 16, Han in view of Yun discloses the light emitting module comprising: the light emitting device according to claim 1;
an electrode pad electrically connected to the light emitting device (149a Han) (174 Yun); and a module substrate (121 Han) (110 Yun) on which the electrode pad is disposed.
Regarding Claim 17, Han in view of Yun discloses the light emitting module according to claim 16, further comprising:
Han in view of Yun as previously combined does not explicitly disclose a light reflective layer reflecting at least some fraction of light emitted from the light emitting device.
Yun (Fig. 9) discloses a light reflective layer (340) reflecting at least some fraction of light emitted from the light emitting device. (“the second electrode 340 can reflect the light generated from the light source unit 320 to increase the light efficiency. Further, To the outside”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light emitting device in Han in view of Yun such that a light reflective layer reflecting at least some fraction of light emitted from the light emitting device in order to increase the light efficiency (Yun)
Regarding Claim 18, Han in view of Yun discloses the l light emitting module according to claim 16.
Han in view of Yun as previously combined does not explicitly disclose multiple light emitting devices are arranged parallel to each other in a horizontal direction.
Yun (Fig. 11) discloses multiple light emitting devices (1124) are arranged parallel to each other in a horizontal direction.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify a light emitting device in Han in view of Yun such that a multiple light emitting devices are arranged parallel to each other in a horizontal direction in order to have display device comprising array of light emitting devices. (Yun)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY YEMELYANOV whose telephone number is (571)270-7920. The examiner can normally be reached M-F 9a.m.-6p.m.
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/DMITRIY YEMELYANOV/Examiner, Art Unit 2891