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 I (claims 1-4, 7-11, 14-16) in the reply filed on 10/23/25 is acknowledged.
Claim 5-6, 12-13, 17-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/23/25.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The two information disclosure statement (IDS), submitted on 5/29/24, 6/14/23, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
0058 final 2 lines read “p-type nitride semiconductor substrate 18” should read “p-type nitride guide layer 18”.
Renaming of 18A “p-type nitride guide layer” is recommended to avoid conflict/confusion with 18 “p-type nitride guide layer”
Appropriate correction is required.
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 8 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 8 recites the limitation "the light-waveguide direction" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1 + 10 have been twice rejected using two separate interpretations of Kasugai. The pair of rejections using the second interpretation immediately follows all of the 102 rejections using the first interpretation. The interpretations differ in their labelling of the “second conductivity-type nitride semiconductor layer”. All 103 rejections use first interpretation of Kasugai.
Under the first interpretation, claim(s) 1, 3-4, 9-10, 14, 16 is/are rejected under 35 U.S.C. 102a1/2 as being anticipated by Kasugai (US-20140023103-A1), hereinafter “Kas”.
Regarding claim 1, Kas discloses a nitride semiconductor light-emitting device (fig. 15 500, 0178) comprising: a first conductivity-type nitride semiconductor layer (fig. 15 n-type cladding layer 502, 0179); an active layer located over the first conductivity- type nitride semiconductor layer (fig. 15 active layer 504 over 502); a second conductivity-type nitride semiconductor layer located over the active layer (fig. 15 p-type layer 508+505b+506+505a over 504, 0180); a current constriction layer located in a part of the second conductivity-type nitride semiconductor layer (fig. 15 current constriction layer 530 located in 508+505b+506+505a); and a transparent conductive layer located on the second conductivity-type nitride semiconductor layer and transparent to light generated from the active layer (fig. 15 transparent conductive layer 509 on 508+505b+506+505a, 0182).
Regarding claim 3, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein a lower face of the current constriction layer is set at a position lower than an upper face of the second conductivity-type nitride semiconductor layer (fig. 15 lower surface/face of 530 lower than upper surface/face of 508+505b+506+505a).
Regarding claim 4, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the current constriction layer is formed to have an opening along a light-waveguide direction in which the light generated from the active layer is guided (fig. 15 530 has opening along light-waveguide direction (into/out of page) guiding light from 504, 0184), and the second conductivity-type nitride semiconductor layer is embedded in the opening (fig. 15 508 portion of 508+505b+506+505a embedded in 530 opening).
Regarding claim 9, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the second conductivity-type nitride semiconductor layer extends between the current constriction layer and the active layer (fig. 15 508+505b+506+505a extends between 530 and 504).
Regarding claim 10, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the first conductivity-type nitride semiconductor layer is an n-type nitride semiconductor layer (502 n-type), and the second conductivity-type nitride semiconductor layer is a p- type nitride semiconductor layer (508+505b+506+505a p-type).
Regarding claim 14, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the transparent conductive layer contains at least one element selected from among In, Sn, Zn, Ti, Nb, and Zr (509 comprises ITO, 0182).
Regarding claim 16, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the transparent conductive layer has a thickness of 80 nm or more and 120 nm or less (fig. 6 discloses conductive layer 109 + 209 (or 509) set to 100 nm, 0097, 0139, 0144, claim 8).
Under the second interpretation, claim(s) 1, 10-11 is/are rejected under 35 U.S.C. 102a1/2 as being anticipated by Kasugai (US-20140023103-A1), hereinafter “Kas”.
“Second conductivity-type nitride semiconductor layer” includes only 508.
Regarding claim 1, Kas discloses a nitride semiconductor light-emitting device (fig. 15 500, 0178) comprising: a first conductivity-type nitride semiconductor layer (fig. 15 n-type cladding layer 502, 0179); an active layer located over the first conductivity- type nitride semiconductor layer (fig. 15 active layer 504 over 502); a second conductivity-type nitride semiconductor layer located over the active layer (fig. 15 p-type layer 508 over 504, 0180); a current constriction layer located in a part of the second conductivity-type nitride semiconductor layer (fig. 15 current constriction layer 530 located in 508); and a transparent conductive layer located on the second conductivity-type nitride semiconductor layer and transparent to light generated from the active layer (fig. 15 transparent conductive layer 509 on 508, 0182).
Regarding claim 10, Kas discloses the nitride semiconductor light- emitting device according to claim 1, wherein the first conductivity-type nitride semiconductor layer is an n-type nitride semiconductor layer (502 n-type), and the second conductivity-type nitride semiconductor layer is a p- type nitride semiconductor layer (508 p-type).
Regarding claim 11, Kas discloses the nitride semiconductor light-emitting device according to claim 10, wherein the p-type nitride semiconductor layer at a position where the current constriction layer is absent has a thickness of 40 nm or more and 550 nm or less (first upper cladding layer x08 = 150 nm for all embodiments, see fig. 3, 9, 5b/c, 11b/c thickness = 50-300 nm).
Claim Rejections - 35 USC § 103
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 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kas in view of Yoshida (US-20150124847-A1).
Regarding claim 2, Kas discloses the nitride semiconductor light-emitting device according to claim 1.
Kas does not disclose further comprising an end-face- protective layer formed on each end face of the first conductivity-type nitride semiconductor layer, the active layer, the second conductivity-type nitride semiconductor layer, and the transparent conductive layer.
Yoshida discloses a nitride semiconductor laser element with an end face protective layer on each end face of the nitride semiconductor laser, except on electrodes (fig. 2 laser 1 has end face protective layers 31 and 25, 0079-0080).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an end-face- protective layer formed on each end face of the first conductivity-type nitride semiconductor layer, the active layer, the second conductivity-type nitride semiconductor layer, and the transparent conductive layer to suppress deterioration of the end faces, increasing laser output and lifespan (Yoshida 0011, 0013).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kas fig. 15 in view of Kas fig. 12.
Regarding claim 7, Kas fig. 15 discloses the nitride semiconductor light- emitting device according to claim 1.
Kas fig. 15 does not explicitly disclose wherein the current constriction layer is also located over a light-emitting section of the active layer on an end- face side of the second conductivity-type nitride semiconductor layer.
Kas fig. 12 discloses a different embodiment with an insulating layer over a light emitting section of an active layer on an end face side of a second conductivity type nitride semiconductor layer (figs. 12a/b insulating layer 330 over light emitting section of 304 (bottommost section of 304 in fig. 12a) on end face side (bottommost side in fig. 12a), 0148-0153).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the current constriction layer also located over a light-emitting section of the active layer on an end- face side of the second conductivity-type nitride semiconductor layer to maximize current injection efficiency + mitigate facet damage.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kas fig. 15 in view of Kas fig. 12 and Koiso (US-20020171094-A1).
Regarding claim 8, modified Kas discloses the nitride semiconductor light-emitting device according to claim 7.
Modified Kas does not explicitly disclose wherein the current constriction layer is located along the light-waveguide direction and is continuous on the end-face side of the second conductivity- type nitride semiconductor layer.
Koiso discloses a semiconductor laser element with a current blocking layer located along a light waveguide direction and continuous along the end face sides of the other laser layers (figs. 1a – 3c current blocking layer 23 extends along waveguide direction (into/out of page fig. 3) and continuous along end faces (fig. 1a), 0039).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the current constriction layer located along the light-waveguide direction and is continuous on the end-face side of the second conductivity- type nitride semiconductor layer to reduce COD/facet damage + increase device longevity (Koiso 0003, 0015, 0018).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kas in view of Bean (US-20070002915-A1).
Regarding claim 15, Kas discloses the nitride semiconductor light- emitting device according to claim 1.
Kas does not disclose wherein the transparent conductive layer is thinned in a range in which a vertical transverse mode is able to be confined during light propagation.
Bean discloses setting a thickness of a p-type layer above an active region in a semiconductor light emitting device to adjust/provide vertical mode confinement (fig. 2 layer 27 thickness adjusted, 0041-0043).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the transparent conductive layer thinned in a range in which a vertical transverse mode is able to be confined during light propagation to minimize thermal impedance through the layer while still confining vertical mode (Bean 0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20150146756-A1: Discloses 144 nm transparent electrode + laser structure similar to that of instant application
US-20010043634-A1: Discloses adjusting thickness of blocking layer to control mode and emission angle of laser beam
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/A.E./Examiner, Art Unit 2828
/MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828