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
Claims 13-19 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/31/2026.
Applicant’s election without traverse of 1-12 and 20 in the reply filed on 8/31/26 is acknowledged.
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(s) 1, 3-8, 12, and 20 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Tanabe et al. (US 7132691 B1; hereinafter Tanabe).
Regarding Claim 1. A light emitting element comprising: Tanabe (Fig.44-45) discloses an N-type semiconductor layer (3; Fig.45) including a zinc oxide semiconductor;
a P-type semiconductor layer (6c); and
an active layer (4, 16,15,28,6e,6d) disposed between the N-type semiconductor layer (3) and the P-type semiconductor layer (6c), wherein the active layer (4 to 6d) has a quantum well including a barrier layer (15a) and a well layer (15b; Col.23, lines 25-45) including zinc oxide (col.20, lines 25-45).
Regarding Claim 3. The light emitting element according to claim 2, Tanabe (Fig.44-45) discloses wherein the P-type semiconductor layer (6c) includes GaN having P-type semiconductor characteristics, and the well layer includes GaN (claims 7-8).
Regarding Claim 4. The light emitting element according to claim 1, Tanabe (Fig.44-45) discloses wherein the N-type semiconductor layer (N layer 3 includes ZnO) and the well layer (well layer 15a includes ZnO) include a same material (col.23, lines 25-45), and the P-type semiconductor layer and the barrier layer include a same material.
Regarding Claim 5. The light emitting element according to claim 1, Tanabe (Fig.44-45) discloses wherein the well layer (15a) include indium-free zinc oxide (Col.23, lines 25-45).
Regarding Claim 6. The light emitting element according to claim 1, Tanabe (Fig.44-45) discloses wherein the active layer (4 to 6d) further includes a mixed layer (4 and 6d) formed by mixing two or more materials with each other.
Regarding Claim 7. The light emitting element according to claim 6, Tanabe (Fig.44-45) discloses wherein the mixed layer comprises: a first mixed layer (4) adjacent to the N-type semiconductor layer (3); and
a second mixed layer (6d) adjacent to the P-type semiconductor layer (6c).
Regarding Claim 8. The light emitting element according to claim 7, Tanabe (Fig.44-45) discloses wherein the well layer (15a) and the barrier layer (15b) are disposed between the first mixed layer (4) and the second mixed layer (6d), the first mixed layer (4) contacts the N-type semiconductor layer (3), and the second mixed layer (6d) contacts the P-type semiconductor layer (6c).
Regarding Claim 12. Tanabe (Fig.44-45) discloses a light emitting element comprising:
an N-type semiconductor layer (3) including ZnO;
a P-type semiconductor layer (6c) including GaN; and
an active layer (4, 16,15,28,6e,6d) disposed between the N-type semiconductor layer (3) and the P-type semiconductor layer (6c), wherein the active layer includes: a well layer (15a) including a material of the N-type semiconductor layer, and a barrier layer (15b) including a material of the P-type semiconductor layer.
Regarding Claim 20. Tanabe (Fig.44-45) discloses a display device comprising: a base layer (1); and
a pixel disposed on the base layer and including a light emitting element (11), wherein the light emitting element comprises:
an N-type semiconductor layer (3);
a P-type semiconductor layer (6c); and
an active layer (4, 16,15,28,6e,6d) disposed between the N-type semiconductor layer (3) and the P-type semiconductor layer (6c), and the active layer has a quantum well including a barrier layer (15b) and a well layer (15a) including zinc oxide.
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(s) 2, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tanabe.
Regarding Claim 2. The light emitting element according to claim 1, Tanabe does not particularly disclose wherein the zinc oxide semiconductor of the N-type semiconductor layer includes an oxygen vacancy and is not doped with a dopant.
However, Tanabe (col.68, lines 22-35) discloses the ZnO layer base with electron and holes and as also known in the art ZnO naturally has oxygen vacancies.
Therefore, it would have been obvious in the art before the effective filing of the application to have ZnO layers with oxygen vacancies allowing them to emit visible light (like green, orange, or red) by heavily boosting electrical conductivity.
Regarding Claim 9. The light emitting element according to claim 7, Tanabe (Fig.44-45) does not particularly disclose wherein each of the first mixed layer (4) and the second mixed layer (6d) is formed by mixing a material for forming the N-type semiconductor layer and a material for forming the P-type semiconductor layer.
However, Tanabe in this embodiment (Col.72, lines 65-67; ccol.73, lines 1-14) discloses having mixed layers in the stack wherein each of the first mixed layer and the second mixed layer is formed by mixing a material for forming the N-type semiconductor layer and a material for forming the P-type semiconductor layer.
Therefore, it would have been obvious in the art before the effective filing of the application to have mixing layers formed by mixing a material for forming the N-type semiconductor layer and a material for forming the P-type semiconductor layer to have a light emitting element with suitable band gap energy and emitting any desired light with any desired wavelength.
Regarding Claim 10. The light emitting element according to claim 7, Tanabe (Fig.44-45) embodiment does not particularly disclose wherein each of the first mixed layer and the second mixed layer is formed by mixing a material for forming the well layer and a material for forming the barrier layer.
However, Tanabe in this embodiment (Col.72, lines 65-67; ccol.73, lines 1-14) discloses having mixed layers in the stack wherein each of the first mixed layer and the second mixed layer is formed by mixing a material for forming the well layer and a material for forming the barrier layer.
Therefore, it would have been obvious in the art before the effective filing of the application to have mixing layers formed by mixing a material for forming the well layer and a material for forming the barrier layer to have a light emitting element with suitable band gap energy and emitting any desired light with any desired wavelength.
Regarding Claim 11. The light emitting element according to claim 7, Tanabe (Fig.44-45) embodiment does not particularly disclose wherein each of the first mixed layer and the second mixed layer includes zinc oxide and GaN (Col.72, lines 65-67; ccol.73, lines 1-14).
However, Tanabe in this embodiment (Col.72, lines 65-67; ccol.73, lines 1-14) discloses having mixed layers in the stack wherein each of the first mixed layer and the second mixed layer includes zinc oxide and GaN (Col.72, lines 65-67; ccol.73, lines 1-14).
Therefore, it would have been obvious in the art before the effective filing of the application to have mixing layers includes zinc oxide and GaN (Col.72, lines 65-67; ccol.73, lines 1-14) to have a light emitting element with suitable band gap energy and emitting any desired light with any desired wavelength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAJAR KOLAHDOUZAN whose telephone number is (571)270-5842.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Leonard Chang can be reached on (571)270-3691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAJAR KOLAHDOUZAN/Examiner, Art Unit 2898
/Leonard Chang/Supervisory Patent Examiner, Art Unit 2898
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