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 Amendment
This Office Action is in response to Applicant's amendments filed February 13, 2026. Claims 1-2 have been amended. No claims have been added. No claims have been canceled. Claims 11-20 stand withdrawn. Currently, claims 1-10 are pending.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s argument with respect to the drawing objection outlined in the previous Office Action is persuasive. The drawing objection has been withdrawn.
Applicant’s argument with respect to the 112(b) rejection of claims 5 and 6 outlined in the previous Office Action is persuasive. The 112(b) rejections has been withdrawn.
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 1-4, and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al. (US 20020182765 A1) herein after “Tran” in view of Tani et al. (US 20170294554 A1) herein after “Tani” and Huang (US 20230163241 A1).
Regarding claim 1, Figs. 1-2 of Tran disclose a light emitting element (Fig. 1, light emitting diode, ¶ [0018]) comprising:
a first semiconductor layer (Fig. 1, semiconductor 10, ¶ [0024]);
an active layer (Fig. 1, quantum well structure 18, ¶ [0024]) disposed on the first semiconductor layer (10);
a second semiconductor layer (Fig. 1, semiconductor 12, ¶ [0024]) disposed on the active layer (18); and
the first semiconductor layer (10), the active layer (18), and the second semiconductor layer (12) are successively disposed in a first direction (Fig. 1, vertical direction),
the active layer (18) comprises:
a first barrier layer (Fig. 2, barrier layers 32, ¶ [0026]);
a second barrier layer (32); and
a first well layer (Fig. 2, well layers 34, ¶ [0026]) disposed between the first barrier layer (32) and the second barrier layer (32), and including a non-uniform indium composition ratio in a first direction and a second direction intersecting the first direction, and including a non-uniform indium density in a third direction intersecting the first direction and the second direction (“a planar inhomogeneous structure with clusters of material an having indium content higher than the average indium content of the whole layer, referred to herein as "indium-rich" clusters or regions 36, distributed throughout the layer and surrounded by a region 38”, “The indium rich clusters typically are randomly distributed”, ¶ [0031]. Disclosing that the indium rich clusters are randomly distributed within layer 34 indicates non-uniform indium composition in the first, second and third directions), wherein the first well layer (34) comprises:
a first horizontal well area (bottom portion of layer 34) including a first indium composition ratio; and
a second horizontal well area (top portion of layer 34) including a second indium composition ratio different from the first indium composition ratio.
Tran fails to disclose an insulating layer enclosing the first semiconductor layer, the active layer, and at least a portion of the second semiconductor layer,
the first indium composition ratio having a first predetermined value; and
the second indium composition ratio having a second predetermined value.
In the similar field of endeavor of light-emitting elements, Fig. 1(a) of Tani discloses an insulating layer (Fig. 1(a), SiO.sub.2 film (transparent protection film 27), ¶ [0189]) enclosing the first semiconductor layer (Fig. 1(a), n-type buffer layer 10, ¶ [0066]), the active layer (Fig. 1(a), multilayer body 120, ¶ [0065]), and at least a portion of the second semiconductor layer (Fig. 1(a), n-type buffer layer 13, ¶ [0066]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the light emitting element of Tran with the insulating layer as disclosed by Tani, to protect the layers during fabrication (see Tani, ¶ [0066]).
Tani fails to disclose the first indium composition ratio having a first predetermined value; and
the second indium composition ratio having a second predetermined value.
In the similar field of endeavor of LED chips, Fig. 9 of Huang discloses the first well layer (Fig. 9, indium well layer 142, ¶ [0054]) comprises:
a first horizontal well area (Fig. 9, fourth sub-layer 1421, ¶ [0054]) including a first indium composition ratio having a first predetermined value (“the peak value of the content of indium component in the fourth sub-layer 1421 may be any one of 2%”, ¶ [0057]); and
a second horizontal well area (Fig. 9, fifth sub-layer 1422, ¶ [0054]) including a second indium composition ratio different from the first indium composition ratio having a second predetermined value (“When the fifth sub-layer 1422 is grown, the content of indium component gradually decreases”, ¶ [0059]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the light emitting element of Tran with the first and second horizontal well areas as disclosed by Huang, to avoid lattice mismatch (see Huang, ¶ [0054]).
Regarding claim 2, Tran, Tani and Huang together disclose the light emitting element according to claim 1 as applied above, and Figs. 2-3 of Tran further disclose wherein the first horizontal well area (bottom portion of layer 34) and the second horizontal well area (top portion of layer 34) are successively disposed in the first direction (Tran discloses that the indium rich clusters are randomly distributed within layer 34, ¶ [0031], therefore, the first and second horizontal well areas would have different compositions).
Regarding claim 3, Tran, Tani and Huang together disclose the light emitting element according to claim 2 as applied above, and Figs. 2-3 of Tran further disclose wherein the first well layer (34) includes, in the third direction:
a first indium cluster (Fig. 3, clusters or regions 36, ¶ [0031]) including a first indium density; and
a second indium cluster (36) including a second indium density different from the first indium density (“a planar inhomogeneous structure with clusters of material an having indium content higher than the average indium content of the whole layer, referred to herein as "indium-rich" clusters or regions 36”, ¶ [0031], therefore, the clusters would have different indium densities due to the inhomogeneous structure of the layer).
Regarding claim 4, Tran, Tani and Huang together disclose the light emitting element according to claim 3 as applied above, and Figs. 2-3 of Tran further disclose wherein the first indium cluster (36) and the second indium cluster (36) are formed in at least one area of the first horizontal well area (bottom portion of layer 34) and the second horizontal well area (top portion of layer 34) (“The indium rich clusters typically are randomly distributed”, ¶ [0031]).
Regarding claim 7, Tran, Tani and Huang together disclose the light emitting element according to claim 2 as applied above, and Figs. 2-3 of Tran further disclose wherein an indium composition ratio of each of the first barrier layer (32) and the second barrier layer (32) is lower than the first indium composition ratio and the second indium composition ratio (“The barrier layers typically are formed from… pure GaN”, “The well layers have an average or overall composition according to the formula In.sub.yGa.sub.1-yN such that y is greater than x and hence y is greater than 0”, ¶ [0026]).
Regarding claim 8, Tran, Tani and Huang together disclose the light emitting element according to claim 2 as applied above, and Figs. 2-3 of Tran further disclose wherein
the first barrier layer (32) is disposed between the first semiconductor layer (10) and the first horizontal well area (bottom portion of layer 34), and
the second barrier layer (32) is disposed between the second horizontal well area (top portion of layer 34) and the second semiconductor layer (12).
Regarding claim 9, Tran, Tani and Huang together disclose the light emitting element according to claim 8 as applied above, and Figs. 2-3 of Tran further disclose wherein
the thickness of the first barrier layer (32) is greater than a thickness of each of the first horizontal well area (bottom portion of layer 34) and the second horizontal well area (top portion of layer 34) (“the barrier layers are between 50 and 150 .ANG. thick and the well layers are between 10 and 40 .ANG. thick”, ¶ [0008]).
Tran fails to explicitly disclose a thickness of the first barrier layer is identical to a thickness of the second barrier layer.
In the similar field of endeavor of light-emitting elements, Fig. 1(b) of Tani discloses a thickness of the first barrier layer (Fig. 1(b), second semiconductor layer 122, ¶ [0074]) is identical to a thickness of the second barrier layer (Fig. 1(b), “the thicknesses…are equal across all five stacks”, ¶ [0095]).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the light emitting element of Tran with the barrier layer thicknesses as disclosed by Tani, to optimize device performance (see Tani, ¶ [0095]).
Regarding claim 10, Tran, Tani and Huang together disclose the light emitting element according to claim 2 as applied above, and Figs. 2-3 of Tran further wherein
the active layer (18) further comprises a third barrier layer (32) and a second well layer (34), and
the second well layer (34) is disposed between the second barrier layer (32) and the third barrier layer (32) (Fig. 2, “an alternating sequence of barrier layers 32 and well layers 34 vertically superposed on one another”, ¶ [0026]).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tran (US 20020182765 A1), Tani (US 20170294554 A1) and Huang (US 20230163241 A1) in further view of Sakai (JP 2011253847 A).
Regarding claim 5, Tran, Tani and Huang together disclose the light emitting element according to claim 2 as applied above, but Tran, Tani and Huang fail to disclose wherein the first well layer further includes a height compensation layer provided in an area including a relatively low indium composition ratio between the first horizontal well area and the second horizontal well area.
In the similar field of endeavor of light-emitting elements, Fig. 1 of Sakai discloses wherein the first well layer (Fig. 1, light-emitting layer 13, ¶ [0016]) further includes a height compensation layer (Fig. 1, barrier layer 13a, ¶ [0031]) provided in an area including a relatively low indium composition ratio between the first horizontal well area (Fig. 1, well layer 13b, ¶ [0027]) and the second horizontal well area (13b) (Fig. 1 of Sakai shows that the layer 13a is deposited to fill pits and unevenness in the layer 13b caused by inhomogeneities in the layer growth process, ¶ [0077], therefore, acting as a height compensation layer).
It would have been obvious to one of ordinary skill in the art before the time of the effective filling date of the invention to modify the light emitting element of Tran with the height compensation layer as disclosed by Sakai, to optimize emission properties (see Sakai, ¶ [0078]).
Regarding claim 6, Tran, Tani and Sakai together disclose the light emitting element according to claim 5 as applied above, and Fig. 2 of Tran discloses wherein a thickness of the first horizontal well area (bottom portion of layer 34) is identical to a thickness of the second horizontal well area (top portion of layer 34).
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.
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/C.A.N./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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