Prosecution Insights
Last updated: April 19, 2026
Application No. 18/283,346

ULTRAVIOLET LIGHT EMITTING ELEMENT

Non-Final OA §103
Filed
Sep 21, 2023
Examiner
SARKER-NAG, AKHEE
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Asahi Kasei Kabushiki Kaisha
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
49 granted / 60 resolved
+13.7% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
28 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§103
64.8%
+24.8% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 60 resolved cases

Office Action

§103
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 09/21/2023, 01/02//2024 and 01/27/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner and made of record. 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. Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over (US 20050253156 A1) “Horio et al.” in view of WATANABE, Yasuhiro (US 20220045239 A1) “WATANABE et al.”. Regarding Independent Claim 1. “Horio et al.” Figs. 1-3 discloses light emitting element comprising: a substrate (“substrate 100” ¶ [0057]); a nitride semiconductor laminate disposed on the substrate (“a GaN nitride semiconductor layer can be formed on a surface of a sapphire substrate 100” ¶ [0057]); and a first electrode 107 (“an n-side pad electrode 107” ¶ [0068]) and a second electrode (“a p-side electrode 105” ¶ [0067]), wherein the nitride semiconductor laminate includes a first semiconductor layer of a first conductivity type (“a GaN n-type nitride semiconductor layer 101” ¶ [0058]), a light emitting mesa structure part (mesa structure including elevated portion of 101, 102, and 103 under electrode 105 in Fig. 2B) (“A GaN nitride semiconductor light-emitting layer 102 having a function of emitting light and a p-type GaN nitride semiconductor layer 103 doped with p-type impurities can be formed on the n-type nitride semiconductor layer 101 by epitaxial growth in that order.” ¶ [0058]) disposed on the first semiconductor layer 101 of the first conductivity type (n-type), and a protective mesa structure part (mesa electrode drawing regions 211, elevated portion of 101, 102 under 211 and 103 portion under 107 in Fig. 2B) that is disposed on the first semiconductor layer of the first conductivity type and is spatially separated from the light emitting mesa structure part, the light emitting mesa structure part (mesa structure including elevated portion of 101, 102, and 103 under electrode 105 in Fig. 2B) includes a second semiconductor layer of the first conductivity type (elevated portion of 101), a first quantum well layer 102 disposed on the second semiconductor layer of the first conductivity type, and a first semiconductor layer 103 of a second conductivity type (“a p-type GaN nitride semiconductor layer 103 doped with p-type impurities” ¶ [0058]) disposed on the first quantum well layer 102, the protective mesa structure part (mesa electrode drawing regions 211, elevated portion of 101, 102 under 211 and 103 portion under 107 in Fig. 2B), includes a third semiconductor layer (elevated portion of 101, under 211 in Fig. 2B) of the first conductivity type (n-type), a second quantum well layer (102 layer portion under 211 in Fig. 2B) disposed on the third semiconductor layer (elevated portion of 101 under 211 in Fig. 2B) of the first conductivity type (n-type), and a second semiconductor layer (103 portion under 107 in Fig. 2B) of the second conductivity type (p-type) disposed on the second quantum well layer (102 layer portion under 211 in Fig. 2B), the first electrode 107 is disposed (Fig. 2B shows 107 is disposed on 101) on the first semiconductor layer 101 of the first conductivity type (n-type), the second electrode 105 is disposed (Fig. 2B shows 105 is disposed on 103) on the first semiconductor layer 103 of the second conductivity type (p-type) of the light emitting mesa structure part (mesa structure including elevated portion of 101, 102, and 103 under electrode 105 in Fig. 2B). the protective mesa structure (mesa electrode drawing regions 211, elevated portion of 101, 102 layer portion under 211 and 103 portion under 107 in Fig. 2B) part is disposed to surround the light emitting mesa structure part and the first electrode in plan view (Fig. 2C shows (mesa electrode drawing regions 211, elevated portion of 101, 102 layer portion under 211 and 103 portion under 107 in Fig. 2B) surround the light emitting mesa structure part and the first electrode in plan view). However, Horio et al. does not explicitly discloses group III nitride semiconductor light emitting element is an ultraviolet light emitting element. In the similar field of endeavor of group III nitride semiconductor light emitting element WATANABE et al. discloses group III nitride semiconductor light emitting element is an ultraviolet light emitting element (“Group III nitride semiconductors made of a compound of N and group III elements such as Al, Ga, and In are wide-bandgap semiconductors having direct gap band structures, and have been expected as promising materials for a wide variety of applications, including sterilization, water purification, medicine, illumination, and high-density optical recording. Of these, light emitting elements having light emitting layers made of group III nitride semiconductors can be provided for wide wavelength ranges from deep ultraviolet light to visible light, by adjusting the composition ratios of the group III elements.” ¶ [0002]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the group III nitride semiconductor light emitting element Horio et al. using group III nitride semiconductor light emitting element WATANABE et al. in order to to achieve a compact and high output deep ultraviolet light emitting element, various attempts have been made to achieve high light extraction efficiency and low resistance characteristics, in addition to improve the internal quantum efficiency (WATANABE et al. ¶ [0003]). Regarding Claim 2, Horio et al. as modified by WATANABE et al. discloses the limitation of claim 1. Horio et al. further discloses, wherein an end portion of a part of the protective mesa structure part overlaps with an end portion of a part of the substrate in plan view (“ the mesa active regions and the mesa electrode drawing region may be arranged on the transparent substrate in a matrix.” ¶ [0022]). Regarding Claim 3, Horio et al. as modified by WATANABE et al. discloses the limitation of claim 1. However, Horio et al. does not discloses, wherein the first semiconductor layer of the first conductivity type, the second semiconductor layer of the first conductivity type, and the third semiconductor layer of the first conductivity type are formed of Al.sub.xGa.sub.1-xN (x>0.3). In the similar field of endeavor of group III nitride semiconductor light emitting element WATANABE et al. discloses wherein the first semiconductor layer of the first conductivity type, the second semiconductor layer of the first conductivity type, and the third semiconductor layer of the first conductivity type are formed of Al.sub.xGa.sub.1-xN (x>0.3) (“an n-type layer made of Al.sub.0.65Ga.sub.0.35N” ¶ [0086]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the group III nitride semiconductor light emitting element Horio et al. using group III nitride semiconductor light emitting element WATANABE et al. in order to to achieve a compact and high output deep ultraviolet light emitting element, various attempts have been made to achieve high light extraction efficiency and low resistance characteristics, in addition to improve the internal quantum efficiency (WATANABE et al. ¶ [0003]). Regarding Claim 4, Horio et al. as modified by WATANABE et al. discloses the limitation of claim 1. Horio et al. does not disclose, wherein upper surfaces of the first semiconductor layer of the second conductivity type and the second semiconductor layer of the second conductivity type are formed of Al.sub.yGa.sub.1-yN (y≤0.2). In the similar field of endeavor of group III nitride semiconductor light emitting element WATANABE et al. discloses wherein upper surfaces of the first semiconductor layer of the second conductivity type and the second semiconductor layer of the second conductivity type are formed of Al.sub.yGa.sub.1-yN (y≤0.2) (“p-type AlGaN contact layer 71 (Al.sub.xGa.sub.1-xN, 0.03≤x≤0.25)” ¶ [0059]). It would have been obvious to person having ordinary skill in the art before the effective filling date to modify the group III nitride semiconductor light emitting element Horio et al. using group III nitride semiconductor light emitting element WATANABE et al. in order to to achieve a compact and high output deep ultraviolet light emitting element, various attempts have been made to achieve high light extraction efficiency and low resistance characteristics, in addition to improve the internal quantum efficiency (WATANABE et al. ¶ [0003]). Regarding Claim 5. Horio et al. as modified by WATANABE et al. discloses the limitation of claim 1. Horio et al. Fig. 3 further discloses, comprising: an insulating layer 106 (“an SiO.sub.2 layer 106” ¶ [0072]) that covers a part or an entire surface of an upper surface of the protective mesa structure part (Fig. 3 shows 106 covers part of protective mesa structure). Regarding Claim 6. Horio et al. as modified by WATANABE et al. discloses the limitation of claim 5. Horio et al. further discloses, wherein the insulating layer 106 covers at least a part of the first semiconductor layer of the first conductivity type (Fig. 3 shows 106 covers part of 101). Regarding Claim 7. Horio et al. as modified by WATANABE et al. discloses the limitation of claim 5. Horio et al. further discloses, wherein the insulating layer is formed of silicon oxide (“an SiO.sub.2 layer 106” ¶ [0072]) or silicon nitride. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKHEE SARKER-NAG whose telephone number is (703)756-4655. The examiner can normally be reached Monday -Friday 7:15 AM to 5:30 PM. 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, YARA J. GREEN can be reached at (571) 270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AKHEE SARKER-NAG/Examiner, Art Unit 2893 /YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

Sep 21, 2023
Application Filed
Nov 11, 2025
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
91%
With Interview (+9.2%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 60 resolved cases by this examiner. Grant probability derived from career allow rate.

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