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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/2/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of Claims 1-20 of copending Application No. 18/534,264 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
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(s) 1-5 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu et al. (US Patent Application Publication No. 2010/0099213)(“Wu”).
Regarding Claim 1, Wu teaches a nitride-based semiconductor light-emitting device comprising: a first semiconductor layer (Figure 4, item 405+401), wherein the first semiconductor layer is nitride- based and has a first conductivity type (¶0035 and 0044); a light-emitting layer (Figure 4, item 406) provided on the first semiconductor layer, wherein the light-emitting layer comprises a nitride-based semiconductor comprising Indium (In) (¶0045); a second semiconductor layer (Figure 4, item 407) provided on the light-emitting layer, wherein the second semiconductor layer is nitride-based and has a second conductivity type (¶0046); and a strain relaxation layer (Figure 4, item 402) provided between the first semiconductor layer and the light-emitting layer, and comprising an AIGaN layer (¶0034) having a protrusion (see Figure 4, note protrusion structure depicted with layer 402) whose horizontal cross-section area decreases as the protrusion extends in a vertical direction from the second semiconductor layer to the first semiconductor layer (see Figure 4, note protrusion shape depicted with layer 402).
Regarding Claim 2, Wu further teaches each of the first semiconductor layer and the second semiconductor layer comprises a GaN layer (¶0044 and ¶0046).
Regarding Claim 3, Wu further teaches the first semiconductor layer comprises an n-type GaN layer, and the second semiconductor layer comprises a p-type GaN layer (¶0044 and ¶0046).
Regarding Claim 4, Wu further teaches the light-emitting layer comprises a multi-quantum well (MQW) structure comprising a first plurality of InGaN layers (¶0045).
Regarding Claim 5, Wu further teaches a first plurality of GaN layers are provided between the first plurality of InGaN layers (¶0045).
Regarding Claim 14, Wu teaches a display device comprising: a display, wherein the display comprises: a first semiconductor layer (Figure 4, item 405+401), wherein the first semiconductor layer is nitride- based and has a first conductivity type (¶0035 and 0044); a light-emitting layer (Figure 4, item 406) provided on the first semiconductor layer, wherein the light-emitting layer comprises a nitride-based semiconductor comprising Indium (In) (¶0045); a second semiconductor layer (Figure 4, item 407) provided on the light-emitting layer, wherein the second semiconductor layer is nitride-based and has a second conductivity type (¶0046); and a strain relaxation layer (Figure 4, item 402) provided between the first semiconductor layer and the light-emitting layer, and comprising an AIGaN layer (¶0034) having a protrusion (see Figure 4, note protrusion structure depicted with layer 402) whose horizontal cross-section area decreases as the protrusion extends in a vertical direction from the second semiconductor layer to the first semiconductor layer (see Figure 4, note protrusion shape depicted with layer 402).
Regarding Claim 15, Wu teaches a nitride-based semiconductor light-emitting device comprising: a first semiconductor layer (Figure 4, item 405+401), wherein the first semiconductor layer is nitride- based and has a first conductivity type (¶0035 and 0044); a light-emitting layer (Figure 4, item 406) provided on the first semiconductor layer, wherein the light-emitting layer comprises a nitride-based semiconductor comprising Indium (In) (¶0045); a second semiconductor layer (Figure 4, item 407) provided on the light-emitting layer, wherein the second semiconductor layer is nitride-based and has a second conductivity type (¶0046); and a strain relaxation layer (Figure 4, item 402) provided between the first semiconductor layer and the light-emitting layer, and comprising an AIGaN layer (¶0034) having a protrusion (see Figure 4, note protrusion structure depicted with layer 402) whose horizontal cross-section area decreases as the protrusion extends in a vertical direction from the second semiconductor layer to the first semiconductor layer (see Figure 4, note protrusion shape depicted with layer 402) and in a second vertical direction from the first semiconductor layer to the second semiconductor layer (see Figure 4, note protrusion shape depicted with layer 402, one side of the peak is decreasing in the vertical direction and the other side is increasing in the vertical direction of the peak).
Regarding Claim 16, Wu further teaches each of the first semiconductor layer and the second semiconductor layer comprises a GaN layer (¶0044 and ¶0046).
Regarding Claim 17, Wu further teaches the light-emitting layer comprises a multi-quantum well (MQW) structure comprising a first plurality of InGaN layers (¶0045).
Allowable Subject Matter
Claims 6-13 and 18-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The Examiner notes the claims in the present case have a pending provisional statutory double patenting which will be withdrawn when it remains the only issue in either the present case 18/224,255 or 18/534,264. Then, upon allowance of one of the cases, the other case will move from a provisional statutory double patenting rejection to a non-provisional rejection which will be maintained until it is no longer appropriate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (US Patent Application Publication No. 2022/0310796)
Sokol et al. (US Patent Application Publication No. 2020/0075798)
Okuno et al. (US Patent No. 9,029,832)
Driscoll et al. (US Patent Application Publication No. 2011/0140083)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK W TORNOW whose telephone number is (571)270-7534. The examiner can normally be reached M-Th 6:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Landau can be reached at 571-272-1731. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MARK W. TORNOW
Primary Examiner
Art Unit 2891
/MARK W TORNOW/Primary Examiner, Art Unit 2891