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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show a convex polygon CP in Figure 1 as described in paragraph 0069 of the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 is 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 term “convex polygon” on page 59, lines 19-20 of the Applicant’s disclosure. The term is unclear to the examiner. It seems that the term in question refers to an arbitrary, imaginary (“virtual”) outline instead of a physical part/piece of the device. See paragraph [0069] in Applicant’s Specification. Clarification is required. For purpose of the rejection below, the examiner will interpret the term as an arbitrary virtual outline.
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato (US 2019/0326475), cited by applicant.
Regarding claim 1, Sato discloses a nitride semiconductor light-emitting element comprising:
a substrate (11) [Figs. 2 and 4];
a first semiconductor laminated portion (12-14) including a first nitride semiconductor layer (12) formed on the substrate, a nitride semiconductor light-emitting layer (13) formed on the first nitride semiconductor layer, and a second nitride semiconductor layer (14) arranged on the nitride semiconductor light-emitting layer [Figs. 2 and 4 and paragraphs 0094-0096];
a first electrode (15) arranged so that a contact interface with the first nitride semiconductor layer (12) is a first contact region extending in a first direction (along the length L1 direction) [Figs. 2 and 4]; and
a second electrode (16) arranged so that a contact interface with the second nitride semiconductor layer (14) is a second contact region extending in the first direction (along the length L1 direction) [Figs. 2 and 4],
wherein, in plan view, a length of a first line segment (L2) of a perimeter line of the first contact region (interface region corresponding to 15a or 15e) parallel to the first direction (along the length L1 direction) is shorter than a length of a second line segment (L5) of a perimeter line of the second contact region (interface region corresponding to 16b or 16c) parallel to the first direction (along the length L1 direction) and facing the first contact region (interface region corresponding to 15a or 15e) [Fig. 4].
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Claim 1, 3-4, 6, 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IN, Chi Hyun et al. (KR 2015-0035111 A).
Regarding claim 1, IN, Chi Hyun discloses a nitride semiconductor light-emitting element comprising:
a substrate (310) [Figs. 3a-3b];
a first semiconductor laminated portion (30c) including a first nitride semiconductor layer (320) formed on the substrate, a nitride semiconductor light-emitting layer (330c) formed on the first nitride semiconductor layer, and a second nitride semiconductor layer (340c) arranged on the nitride semiconductor light-emitting layer [Figs. 3a-3b, and pages 3-4 of the English Translation];
a first electrode (350) arranged so that a contact interface with the first nitride semiconductor layer (320) is a first contact region extending in a first direction (along the A-A’ direction) [Figs. 3a-3b]; and
a second electrode (360c) arranged so that a contact interface with the second nitride semiconductor layer (340c) is a second contact region extending in the first direction (along the A-A’ direction) [Figs. 3a-3b],
wherein, in plan view, a length of a first line segment (S1 or S3) of a perimeter line of the first contact region (350/320) parallel to the first direction (along the A-A’ direction) is shorter than a length of a second line segment (S7) of a perimeter line of the second contact region (360c/340c) parallel to the first direction (along the A-A’ direction) and facing the first contact region (350/320) [Figs. 3a-3b, (annotated below)].
[AltContent: roundedrect][AltContent: textbox (S9)][AltContent: textbox (S5)]
[AltContent: textbox (CP)][AltContent: arrow][AltContent: textbox (S10)][AltContent: arrow][AltContent: textbox (S10)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S8)][AltContent: textbox (S6)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S8)][AltContent: textbox (S6)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S7)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S4)][AltContent: textbox (S2)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S4)][AltContent: textbox (S2)][AltContent: arrow][AltContent: arrow][AltContent: textbox (S3)][AltContent: arrow][AltContent: textbox (S1)][AltContent: arrow]
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Regarding claim 3, IN, Chi Hyun discloses a second semiconductor laminated portion (30b) including a first nitride semiconductor layer (320) formed on the substrate (310), a nitride semiconductor light-emitting layer (330b) formed on the first nitride semiconductor layer, and a second nitride semiconductor layer (340b) arranged on the nitride semiconductor light-emitting layer [Figs. 3a-3b, and pages 3-4 of the English Translation]; and
a third electrode (360b) arranged so that a contact interface with the second nitride semiconductor layer (340b) provided in the second semiconductor laminated portion (30b) is a third contact region extending in the first direction (along A-A’ direction), and sandwiching the first electrode (350) together with the second electrode (360c) [Figs. 3a-3b],
wherein, in the plan view, a length of a third line segment (S3 or S1) of the perimeter line of the first contact region (350/320) parallel to the first direction (along A-A’ direction) and facing the first line segment (S1 or S3, respectively) is equal to or shorter than a length of a fourth line segment (S9) of a perimeter line of the third contact region (360b/340b) parallel to the first direction (along A-A’ direction) and facing the first contact region (350/320) [Figs. 3a-3b, annotated above].
Regarding claim 4, IN, Chi Hyun discloses wherein the length of the first line segment (S1 or S3) and the length of the third line segment (S3 or S1, respectively) are different from each other [Figs. 3a-3b, annotated above].
Regarding claim 6, IN, Chi Hyun discloses wherein the length of the second line segment (S7) and the length of the fourth line segment (S9) are different from each other [Figs. 3a-3b, annotated above].
Regarding claim 8, IN, Chi Hyun discloses wherein the first electrode (350) arranged to be sandwiched between the second contact region (360c/340c) and the third contact region (360b/340b) is arranged inside a convex polygon (CP) surrounding the second contact region (360c/340c) and the third contact region (360b/340b) in the plan view [Figs. 3a-3b, annotated above].
Regarding claim 10, IN, Chi Hyun discloses wherein the first nitride semiconductor layer (320) provided in each of the first semiconductor laminated portion and the second semiconductor laminated portion is formed of AlXG(1-x)N (x >0) [page 3 of the English Translation].
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Sato (US 2019/0326475), cited by applicant.
Regarding claim 2, Sato discloses wherein a difference between the length of the first line segment (L2) and the length of the second line segment (L5) is from 5 µm to 50 µm [paragraphs 0122-0125]. The court has held that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541F.2d 257,191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Claims 2, 5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over IN, Chi Hyun et al. (KR 2015-0035111 A) in view of Sato (US 2019/0326475), cited by applicant.
Regarding claim 2, 5, 7, and 9, IN, Chi Hyun does not disclose the recited thickness.
However,
In regards to claim 2, Sato teaches wherein a difference between the length of the first line segment (L2) and the length of the second line segment (L5) is from 5 µm to 50 µm [Fig. 4, and paragraphs 0122-0125].
In regards to claim 5, Sato teaches wherein a difference between the length of the first line segment (L4 or L2) and the length of the third line segment (L3 or L5, respectively) is from 50 µm to 200 µm [Fig. 4 and paragraphs 0122-0125].
In regards to claim 7, Sato discloses wherein a difference between the length of the second line segment (L5) and the length of the fourth line segment (L3) is from 50 µm to 200 µm [Fig. 4, and paragraphs 0122-0125].
In regards to claim 9, Sato teaches wherein the first nitride semiconductor layer (12) provided in each of the first semiconductor laminated portion and the second semiconductor laminated portion has a layer thickness of from 200 nm to 1000 nm [Figs. 2 and 4, and paragraph 0164].
Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have been motivated to modify IN, Chi Hyun by including a difference between: the length of the first line segment and the length of the second line segment being from 5 µm to 50 µm, the length of the first line segment and the length of the third line segment being from 50 µm to 200 µm, and the length of the second line segment and the length of the fourth line segment being from 50 µm to 200 µm; and a first nitride semiconductor layer having a thickness from 200 nm to 1000 nm as taught by Sato because it helps with the reliability of the device [paragraph 0042]. In addition, the court has held that where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSE R DIAZ whose telephone number is (571)272-1727. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Benitez can be reached at 571-270-1435. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jose R Diaz/Primary Examiner, Art Unit 2815