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 .
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, and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiss et al. (US 2011/0204322 A1; hereinafter Weiss).
Regarding Independent Claim 1; Weiss (Fig.2) discloses an optoelectronic device ([0037]), comprising: a first current spreading layer (25, [0066]) made of a semiconductor material of a first conductivity type,
an active layer (24; [0066]) arranged on the first current spreading layer (25) for generating light, a second current spreading layer (23; [0067]) of a semiconductor material of a second conductivity type arranged on the active layer (24), a contact layer (22; [0067]) arranged on the second current spreading layer (23), a roughening layer (21; [0046]) arranged on the contact layer (22) and having a roughened surface (211) for coupling out light generated in the active layer (24), and a metal layer (4; [0048]) arranged on the contact layer (22),
wherein the optoelectronic device is a thin film light emitting diode ([0054]-[0055]).
Regarding Claim 3. (Currently amended) The optoelectronic device according to claim 1, Weiss (Fig.2) discloses further comprising a carrier ([0055], [0073]-[0074]) on which the first current spreading layer (25) is arranged.
Regarding Claim 4. (Currently amended) The optoelectronic device Weiss (Fig.2) discloses according to claim 3, wherein at least one mirror layer (6 is a highly reflective material; [0065]) is arranged between the carrier ([0055], [0073]-[0074]) and the first current spreading layer (25).
Regarding Claim 5. (Currently amended) The optoelectronic device according to claim 1, Weiss (Fig.2) discloses wherein the first conductivity type is a p-type conductivity type ([0066]) and the second conductivity type is an n-type conductivity type ([0067]).
Regarding Claim 6. (Currently amended) The optoelectronic device according to claim 1, Weiss (Fig.2; [0030], [0032]-[0033]) discloses wherein the second current spreading layer (23), the contact layer (22) and the roughening layer (21) are an epitaxially grown layer stack.
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) 2, 8-10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Weiss in view of Yoshitake et al. (US 2002/0195609 A; hereinafter Yoshitake).
Regarding Claim 2. Weiss as applied in claim 1, Weiss does not particularly disclose the roughness of the roughening layer.
Yoshitake ([0073]-[0074]) discloses in a related art an optoelectronic device wherein the roughening layer has a roughness of at least 100 nm and a surface of the metal layer has a roughness of less than 100 nm.
Therefore, it would have been obvious in the art before the effective filing date of the claimed invention to have a roughening layer with a roughness of at least 100 nm to enhance light output efficiency.
Regarding Claim 8, Weiss as applied in claim 1, Weiss does not particularly disclose wherein the first current spreading layer, the active layer, the second current spreading layer, the contact layer and/or the roughening layer comprise InGaAlP or AlGaAs.
Yoshitake ([0081] and [0094]) discloses in a related art an optoelectronic device wherein the first current spreading layer, the active layer, the second current spreading layer, the contact layer and/or the roughening layer comprise InGaAlP or AlGaAs.
Therefore, it would have been obvious in the art before the effective filing date of the claimed invention to have any desired semiconductor material combination in the device for different purposes.
Regarding Claim 9. Weiss (Fig.2) discloses a method for manufacturing an optoelectronic device, wherein a structure is provided comprising a first current spreading layer (25) made of a semiconductor material of a first conductivity type, an active layer (24) for generating light arranged on said first current spreading layer (25), a second current spreading layer (23) made of a semiconductor material of a second conductivity type arranged on said active layer (24), a contact layer (22) arranged on said second current spreading layer (23), and a roughening layer (21) arranged on said contact layer (22), a surface of the roughening layer (211) is roughened, a contact area of the contact layer (22) is exposed, and a metal layer (4) is deposited on the exposed contact area (22).
Weiss does not particularly disclose a first resist layer is deposited and structured on the roughening layer before roughening the surface of the roughening layer, and
wherein the first resist layer is structured such that no resist layer is located above the contact area of the contact layer.
Yoshitake (Figs.1-16; [0063]) discloses an optoelectronic device having a first resist layer is deposited and structured on the roughening layer (referred to as laser ridge surface) before roughening the surface of the roughening layer, and
wherein the first resist layer is structured such that no resist layer is located above the contact area of the contact layer.
Therefore, it would have been obvious in the art before the effective filing date of the claimed invention to use resin for roughening the roughen layer to precisely remove unwanted parts of the layer.
Regarding Claim 10. Weiss in view of Yoshitake as applied in claim 9, Weiss (Fig.8-9) discloses wherein to roughen the surface of the roughening layer (211), the roughening layer (21) is etched in at least a first region (left 3) and simultaneously the roughening layer (21) is etched in at least a second region (right 3) above the contact region of the contact layer (22).
Regarding Claim 13. Weiss in view of Yoshitake as applied in claim 9, Weiss (Fig.2) discloses wherein the exposure of the contact area (where 4 is formed) is performed by a wet etching step ([0076]).
Regarding Claim 14. Weiss in view of Yoshitake as applied in claim 13, Yoshitake ([0063]) discloses wherein a second resist layer (referred to as resin mask) is deposited and structured above the roughening layer before the wet etching step.
Regarding Claim 15. Weiss in view of Yoshitake as applied in claim 9, Yoshitake (Fig.1-16) discloses wherein a passivation layer (81) is deposited on the structure after roughening the surface of the roughening layer, and a portion of the passivation layer (81) adjacent to the contact region is removed after exposing the contact region (see [0063]).
Conclusion
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/HAJAR KOLAHDOUZAN/ Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898