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). The drawings must show every feature of the invention specified in the claims. Therefore, the feature of “as second intermediate region arranged between the second semiconductor region and the active region” in combination with a first intermediate region arranged between the first semiconductor region and the active region, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Specifically, there is no drawing that shows second intermediate region (11/12-Figures 4/7) in a device with first intermediate region 7 (including 8/9-Figure 1).
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 Objections
Claim 5 objected to because of the following informalities: claim 5 depends from claim 4 which was cancelled. Appropriate correction is required. It is assumed that claim 5 depends on claim 1.
Claim Rejections - 35 USC § 103
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 1-3, 5-6, and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al US 6066862, herein after Chang ‘862, in view of Johnson CN 103563190, herein after Johnson ‘190.
Regarding claim 1, Chang ‘862 discloses a radiation emitting semiconductor body (Figure 3) comprising: a first semiconductor region (p-AlGaInP contact layer, shown in Figure 3) of a first doping type (p-type) comprising a first material composition, a second semiconductor region (302, Figure 3) of a second doping type comprising a second material composition, an active region (302) arranged between the first semiconductor region and the second semiconductor region (See Figure 3), and a first intermediate region (high resistivity layer-Figure 3) arranged between the first semiconductor region and the active region (Figure 3); wherein the active region (302) comprises a plurality of quantum well layers (3021) and a plurality of barrier layers (3022) which are arranged alternately above each other (Figure 3), the barrier layers (3022) comprise a third material composition (different band gap), the first intermediate region (high ohmic region) comprises at least one first blocking layer (super lattice structure-Column 3, lines 5-11) and at least one first intermediate layer (super lattice structure-Column 3, lines 5-11), the first blocking layer comprises a fourth material composition (Column 3, lines 5-11) and the first intermediate layer comprises a fifth material composition (AlGaInP-superlattice structure), all material compositions are based on AlGaInP, and a thickness of the first intermediate region is at most 30 nm (Column 3, lines 5-6).
Chang ‘862 does not specifically disclose a second intermediate region arranged between the second semiconductor region and the active region, the second intermediate region comprises at least one second blocking layer and at least one second intermediate layer, the second blocking layer comprises a sixth material composition and the second intermediate layer comprises a seventh material composition.
In the same field of endeavor, Johnson ‘190 teaches of a second intermediate region (118/120 are both intermediate regions-[0061-0063]) arranged between the second semiconductor region and the active region (active region 122, Figures 1-2), the second intermediate region comprises at least one second blocking layer and at least one second intermediate layer (intermediate layer 118 includes 148 and 142, intermediate layer 120 includes layers 144, 146, 150), the second blocking layer comprises a sixth material composition and the second intermediate layer comprises a seventh material composition ([0061-0065]. It would have obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of a second intermediate region of Johnson ‘190 with the device of Chang ‘862 for the purpose of increased carrier confinement ([0063]).
Regarding claim 2, Chang ‘862 further discloses that the fourth material composition is the same as the first material composition (Column 2, line 62-Column 3, line 23).
Regarding claim 3, Chang ‘862 further discloses that the fifth material composition is the same as the third material composition (Column 2, line 62-Column 3, line 23) and Johnson ‘190 further teaches that the material compositions of the active and restricting regions are the same ([0065])
Regarding claim 5, Johnson ‘190 further teaches that the material compositions of the active and restricting regions are the same ([0065]) and therefore teaches that the sixth material composition is the same as the second material composition, and/or the seventh material composition is the same as the third material composition.
Regarding claim 6, Chang ‘862 further discloses that the first semiconductor region comprises a first dopant (p-type), and the second semiconductor region comprises a second dopant (n-type).
Regarding claim 8, Chang ‘862 as modified further teaches that the thickness of the second intermediate region is at most 30 nm (Column 3, lines 5-6, wherein the addition of a second intermediate region to Chang ‘862 would result in the second intermediate region have the same thickness as the first intermediate layer).
Regarding claims 9-10, Chang ‘862 as modified further discloses that a thickness of the first intermediate region is at most 10 nm and a thickness of the second intermediate region (10) is at most 10 nm (Column 3, lines 5-6, wherein the addition of a second intermediate region to Chang ‘862 would result in the second intermediate region have the same thickness as the first intermediate layer).
Regarding claim 11, Chang ‘862 as modified does not specifically disclose that a thickness of each of the barrier layers is greater than a thickness of the second intermediate layer. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness as desired as mentioned in Johnson ‘190 ([0064 and 0074]).
Regarding claims 12 and 13, Chang ‘862 as modified further discloses that the first and second intermediate regions comprises at least two first/second blocking layers and at least two first/second intermediate layers which are arranged alternately above each other (AlGaInP-superlattice structure).
Regarding claim 14, Chang ‘862 as modified further discloses a resonator comprising a first end region and a second end region (Figure 3), wherein the active region is configured to generate electromagnetic radiation (Abstract), and the active region is formed in the resonator (Figure 3).
Regarding claim 15, Chang ‘862 as modified further discloses a light emitting diode (Abstract)
comprising: a first contact layer electrically conductively connected to the first semiconductor region (upper portion ohmic contact-Figure 3), and Johnson ‘190 further discloses a second contact layer (112) electrically conductively connected to the second semiconductor region (114).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Chang ‘862, in view of Johnson ‘190, and further in view of El KR 20180015163, herein after El‘163.
Regarding claim 7, Chang ‘862 as modified does not specifically disclose that the first dopant is Mg and/or Zn and the second dopant is Te and/or Si, or the first dopant is Te and/or Si and the second dopant is Mg and/or Zn.
In the same field of endeavor, El ‘163 teaches that Mg and/or Zn and the second dopant is Te and/or Si, or the first dopant is Te and/or Si and the second dopant is Mg and/or Zn (Description of Figure 3). It would have obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of El ‘163 with that of Chang ‘862 as modified as these are well known to use these dopants with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art Watanabe, Ukai, and Li disclose light emitting devices with similar structure to the claimed invention.
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/JESSICA S MANNO/SPE, Art Unit 2898
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