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 .
Claim Rejections - 35 USC § 102
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 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0164643 (Tohyama).
For claim 20, Tohyama teaches an optoelectronic component (fig. 10a) comprising:
- a semiconductor chip (fig. 10a, 15 (detailed in fig. 1A-1C), [0020]), comprising,
- a coupling-out facet which emits electromagnetic primary radiation during operation (fig. 10a, left side of 15 covered by output layer 54, [0021]),
- a functional layer, wherein the coupling-out facet is covered by the functional layer at least in places (fig. 10a, 60 and 59, [0080] and [0081]) , and
- the functional layer is a catalytic layer ([0080] and [0081]), and
- the functional layer comprises a material selected from the following group: platinum, vanadium, molybdenum, titanium, tungsten, tantalum, palladium, FeN4 complexes ([0080], 59 is Pt, and [0081], 60 comprises titanium).
Tohyama teaches the functional layer (fig. 10A, layer 54 may be collectively considered the functional layer, [0078] refers to 54 as “the output layer”, which includes 60 and 59, [0080] and [0081]) is in direct contact with the coupling-out facet (fig. 10A, left side of 15).
Claim Rejections - 35 USC § 103
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over US 2006/0159146 (Iwayama) in view of US 2018/0067245 (Giachino).
For claim 19, Iwayama teaches an optoelectronic component (fig. 4) comprising: a semiconductor chip (fig. 4, 15), comprising,
a coupling-out facet which emits electromagnetic primary radiation during operation (fig. 4right side of 15), and a functional layer, wherein the coupling-out facet is covered by the functional layer at least in places (fig. 4, 17),
the functional layer is a catalytic layer ([0064]).
Iwayama does not teach the functional layer is formed as a monolayer.
However, Giachino teaches atomic layer deposition (i.e. monolayers) used to form metal oxide layers ([0052]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Giachino’s ALD formation in order to form the functional layer of Iwayama.
Allowable Subject Matter
Claims 1-18 are allowed.
The following is an examiner’s statement of reasons for allowance: Claims are allowed based on applicant’s arguments submitted 4/20/2026. In particular, see page 6, paragraph 6.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments filed 4/20/2026 regarding claim 19 and 20 have been fully considered but they are not persuasive. Applicant argues that claim 19 includes the limitations of previously allowed claim 4; however, the claim does not include all the limitations of previous claim 4. The limitations of new claim 19 have been addressed above.
Regarding claim 20, the applicant argues that Tohyama does not teach or suggest a catalytic functional layer that is in direct contact with the coupling-out facet as recited by new claim 20 of the present application but rather a functional layer 59/60 that is not in direct contact with the outcoupling facet. However, Tohyama specifically refers to 54 which includes 59/60 as a “light output layer” at, for example, [0040]. Therefore, layer 54 which comprises layer 59/60 may collectively be considered a functional layer comprising one of the claimed materials. The claim could be amended in a suitable manner to exclude intervening layers and overcome the Tohyama reference; however, as written, Tohyama reads on the claimed invention.
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 Michael W Carter whose telephone number is (571)270-1872. The examiner can normally be reached M-F, 9:00-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at 571-272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael Carter/Primary Examiner, Art Unit 2828
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