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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 have been considered but are moot in view of the new ground of rejection.
Applicant argues on pages 11-12 that Sato discloses the inverse relationship from claim with respect to the barrier layers where the MQW light emitting layer 24 are aluminum rich compared to the n-side multilayer structure SLS 20.
Examiner respectfully disagrees. The claims do not claim that the SLS 20 is to have higher composition of Al than the barrier layer of the MQW 24. It appears Applicant is viewing the limitation “adjacent layers of the n-side multilayer structure” as being the barrier layers of the active region, however this is not the case and is the reason why this limitation introduces indefiniteness into claim 1. Therefore, as best understood, Sato teaches each and every limitation of claim 1, as shown below.
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.
Claims 1-10 are 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 1 recites the limitation of “the n-side multilayer structure contains one or more of the III-nitride semiconductor layers having an aluminum composition greater than the aluminum composition of adjacent layers of the n-side multilayer structure, the active region and the cladding layer” recited at the last 4 lines of the claim. It is unclear how the “III-nitride semiconductor layers” can have an aluminum composition greater than the aluminum composition “greater than the aluminum composition of adjacent layers of the n-side multilayer structure.” It is unclear how one element (element 101 as shown in fig. 1A) can have a greater composition of aluminum than itself (element 101) since 101 is the same as 101, the aluminum composition would be the same.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1), as best understood, as being anticipated by Sato et al. (US PGPub 2006/0175600; hereinafter “Sato”).
Re claim 1: Sato teaches (e.g. fig. 1) a device, comprising: a light-emitting diode (LED) comprised of one or more III-nitride semiconductor layers (16, 18, 20, 22, 24, 26, 28) containing aluminum (SLS 20 comprising n-Al0.1Ga0.9N and n-GaN layers; e.g. paragraph 28), including an active region (MQW light emitting layer 24; e.g. paragraph 29) having a single or multiple quantum well structure emitting at an ultra-violet (UV) wavelength (UV; e.g. paragraph 64), and at least one cladding layer (n-GaN 18; e.g. paragraph 32); and an n-side multilayer structure (SLS 20 comprising n-Al0.1Ga0.9N and n-GaN layers; e.g. paragraph 28) located adjacent to the active region (24) of the LED, wherein the n-side multilayer structure (20) contains one or more of the III-nitride semiconductor layers (SLS 20 comprising n-Al0.1Ga0.9N; e.g. paragraph 28) having an aluminum composition greater than the aluminum composition of adjacent layers (layers of 20) of the n-side multilayer structure (20), the active region (well layer of MQW 24 made form In0.05Ga0.95N; e.g. paragraph 29) and the cladding layer (n-GaN layer 18; e.g. paragraph 32).
Re claim 2: Sato teaches the device of claim 1, wherein the III-nitride semiconductor layers containing aluminum comprise AlxGa1-xN alloys where 0≤x≤1 (SLS 20 comprising n-Al0.1Ga0.9N and n-GaN layers; e.g. paragraph 28).
Re claim 3: Sato teaches the device of claim 1, wherein the n-side multilayer structure (20) provides an ability to fine-tune and control surface morphology and crystal quality, to achieve a specific targeted surface morphology and crystal quality (MPEP 2112.01(i) provides that when the structure of the prior art is substantially identical to the claimed structure, claimed properties are presumed to be present) in the active region (24).
Re claim 4: Sato teaches the device of claim 3, wherein the n-side multilayer structure (20) achieves an undulating active region (MPEP 2112.01(i) provides that when the structure of the prior art is substantially identical to the claimed structure, claimed properties are presumed to be present).
Re claim 5: Sato teaches the device of claim 1, wherein the active region's (24) surface has a disc- hillock morphology with a root mean square (RMS) roughness of between 0.5 to 15 nm over a 2 by 2µm region (MPEP 2112.01(i) provides that when the structure of the prior art is substantially identical to the claimed structure, claimed properties are presumed to be present), but comprises local regions at least 100 nm by 100 nm in size with an RMS roughness of less than 1 nm (the layers are made substantially the same way and in the same order, therefore it would be expected these properties would be present).
Re claim 6: Sato teaches the device of claim 1, wherein at least one of the III-nitride semiconductor layers has a (102) rocking curve full width at half-maximum of between 150-500 arcseconds (MPEP 2112.01(i) provides that when the structure of the prior art is substantially identical to the claimed structure, claimed properties are presumed to be present) or dislocation density between 1 x 107 to 1 x 1010 cm-2 (the layers are made substantially the same way and in the same order, therefore it would be expected these properties would be present).
Re claim 7: Sato teaches the device of claim 1, wherein the n-side multilayer structure comprises one or more of the III-nitride semiconductor layers with different aluminum molar fractions, such as AlxGa1-xN where 0<x<1 (SLS 20 comprising n-Al0.1Ga0.9N layers; e.g. paragraph 28), AlyGa1-yN where 0<y<1 (barrier of MQW 24 made of AlGaN with Al approximately at 30%; e.g. paragraph 53), and AlzGa1-zN where 0<z<1 (22 comprising undoped-AlGaN with Al approximately at 18%; e.g. paragraph 55).
Re claim 8: Sato teaches the device of claim 7, wherein the one or more of the III-nitride semiconductor layers are formed in a repeating pattern (SLS structure 26; e.g. paragraph 52), one or more of the III-nitride semiconductor layers (22) differ in thickness, at least one of the III-nitride semiconductor layers (p-GaN 28 is 10-40nm; e.g. paragraph 43) has a thickness of less than 200 angstroms, and the n-side multilayer structure (20) has a total thickness of less than 500 nm (50 pairs of 1.7nm wells and 1.7nm barriers would make 170nm).
Re claim 9: Sato teaches the device of claim 1, wherein the n-side multilayer structure (20) is in contact (electrical contact) with the active region (24).
Re claim 10: Sato teaches the device of claim 1, wherein the III-nitride semiconductor layers of the n-side multilayer structure (20) are undoped, unintentionally doped, doped (SLS 20 comprising n-Al0.1Ga0.9N and n-GaN layers; e.g. paragraph 28), and/or modulation doped, with a doping concentration adjusted to be 5 x 1021/cm3 or less (1E18; e.g. paragraph 55) and n-type when the III- nitride semiconductor layers are doped or modulation doped.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE Y MIYOSHI whose telephone number is (571)270-1629. The examiner can normally be reached M-F, 8:30AM-5:00PM.
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/JESSE Y MIYOSHI/
Primary Examiner, Art Unit 2898
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