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 of Group II (Claims 48-56) in the reply filed on 8/18/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
Claims 48, 50-52, 54-55 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Han et al (US 2017/0237234).
With respect to Claim 48, Han et al discloses a semiconductor device (Figures 5B and 5F) comprising: a subcarrier (Figure 5F, 505); a layer sequence comprising a first layer (Figures 5B and 5F, 535, paragraph 54) having a doped semiconductor material and a second layer (Figures 5B and 5F, 535, paragraph 54) deposited thereon, the second layer comprising an undoped semiconductor material (paragraph 54), wherein the first layer comprises at least one porous region, a porosity level of which is at least 20 % by volume (paragraph 46, electrochemical etching process, 60% volume porosity); a mesa structure (Figures 5B and 5F, 545, paragraphs 60-62) introduced in the first and second layers and comprising several depressions; and a functional layer sequence comprising at least one planar third layer located at the second layer comprising the mesa structure (Figure 5F, 560, 565, 570, paragraphs 64-65), wherein the at least one planar third layer has a lattice constant which is different from a lattice constant of the second layer (inherent as different materials would have different lattice structures). See Figures 5B and 5F and corresponding text, especially paragraphs 52-65.
With respect to Claim 50, Han et al discloses wherein the first layer comprises at least one non-porous region at least partially surrounded by a porous region. See paragraphs 53-54.
With respect to Claim 51, Han et al discloses wherein the at least one non-porous region is separated from the porous region by a trench forming the mesa structure. See Figures 5C and 5F and corresponding text, especially paragraph 63.
With respect to Claim 52, Han et al discloses wherein the functional layer sequence comprises a multiple quantum well structure arranged on the third layer. See Figure 5F, especially paragraph 65.
With respect to Claim 54, Han et al discloses wherein the first layer comprises a first sub-region having a first degree of porosity and a second sub-region having a second degree of porosity, the first sub-region being separated from the second sub-region by an optional separation layer. See paragraph 50.
With respect to Claim 55, Han et al disclose wherein the first layer comprises n-doping and the second layer is undoped, the first and second layers comprising the same base material. See paragraph 54, indium and GaN.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 49, 53 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al (US 2017/0237234).
Han et al is relied upon as discussed above.
However, Han et al does not disclose the dimensions (Claim 49), the placement of the quantum well (Claim 53) and the concentrations (Claim 56) as required by the Claims at hand.
With respect to Claim 49, it would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to arrive at the limitation “wherein a width of a depression is about 1/5 to 1/20 of a distance between two adjacent depressions”, as changes in size are prima facie obvious in the absence of unobvious results. See In re Rose, 105 USPQ 237 (CCPA 1955).
With respect to Claim 53, , it would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to arrive at the limitation “wherein a first region of the multiple quantum well structure overlying a porous region of the first layer is configured to emit light of a first wavelength and a second region of the multiple quantum well structure overlying a non-porous region of the first layer is configured to emit light of a second shorter wavelength”, as Han et al disclose the emission of different wavelengths (paragraph 54), and the placement of the different components in the absence of unobvious results, is prima facie obvious as a rearrangement of parts. See In re Japikse, 86 USPQ 70 (CCPA 1950)..
With respect to Claim 56, Han et al disclose (paragraphs 55 and 65) wherein the second layer comprises an undoped GaN layer and the third layer comprises InGaN . It would have been obvious to one of ordinary skill in the art, before the effective date of the invention, to arrive at the limitation
with an indium content in a range of 0.0001% to 25%, as changes in concentration are prima facie obvious in the absence of unexpected results. See In re Aller, 105 USP233 (CCPA 1955)..
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER G GHYKA whose telephone number is (571)272-1669. The examiner can normally be reached Monday-Friday 9-6.
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AGG
November 10, 2025
/ALEXANDER G GHYKA/Primary Examiner, Art Unit 2812