DETAILED ACTION
This Office Action is in response to Amendment filed May 28, 2026.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 7, 9, 11-13, 16, 17, 25 and 29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventors, at the time the application was filed, had possession of the claimed invention.
(1) Regarding claims 1 and 17, Applicants did not originally disclose that “the double well structure of each of the one or more quantum wells is sandwiched between two barrier layers (emphases added)” as recited on lines 5-6, because when there is only one quantum well constituted of a 1.5 nm thick InGaN layer, a 1.5 nm thick GaN layer and a 10 nm thick AlGaN layer shown in Fig. 4 of current application, the bottommost 1.5 nm thick InGaN layer would be in direct contact with the 1 µm thick n-GaN layer rather than “the double well structure of” the one quantum well being “sandwiched between two barrier layers”.
(2) Further regarding claims 1 and 17, Applicants did not originally disclose that “the double well structure of each of the one or more quantum wells is sandwiched between two barrier layers (emphases added)” as recited on lines 5-6, because as the band structure or alignment for the light-emitting device shown in Fig. 4B of current application is illustrated below, the bottommost 1.5 nm thick InGaN layer, which is one of the claimed well layers, is not sandwiched between two barrier layers, but rather is in direct contact with the 1 µm thick n-GaN layer.
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Claims 2-4, 7, 9, 11-13, 16, 25 and 29 depend on clam 1, and therefore, claims 2-4, 7, 9, 11-13, 16, 25 and 29 also fail to comply with the written description requirement.
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 1-4, 7, 9, 11-13, 16, 17, 25 and 29 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. Regarding claims 1 and 17, it is not clear what the limitation “the barrier layers” recited on line 11 refers to, because (a) while Applicants claim “two barrier layers” on line 6 and “a barrier layer” on line 7, Applicants do not claim “barrier layers” before claiming “the barrier layers”, (b) therefore, the limitation “the barrier layers” lacks the antecedent basis, and (c) as discussed above under 35 USC 112(a) rejections, Applicants did not exactly originally disclose that “the well layer and the interlayer are both adjacent to a barrier layer” as recited on lines 6-7, and therefore, it is not clear whether “the barrier layers” can also include a barrier layer adjacent to the bottommost well layer. Claims 2-4, 7, 9, 11-13, 16, 25 and 29 depend on claim 1, and therefore, claims 2-4, 7, 9, 11-13, 16, 25 and 29 are also indefinite.
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, 7, 9, 11-13, 16, 17, 25 and 29, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (US 2021/0066542)
Regarding claim 1, Lin et al. disclose a light-emitting device (Figs. 1 and 2) comprising: an active region (120) ([0019]) comprising one or more quantum wells (composite structure of 121-123 in Fig. 1) ([0022]), wherein the one or more quantum wells are formed in a heterostructure; each of the one or more quantum wells comprising a double well structure (InGaN and GaN) ([0027]) comprising a well layer (InGaN) and an adjacent interlayer (GaN), because Lin et al. disclose in paragraph [0027] that “The first, second and third layers 121, 122, 123 in each of the first periodic layered elements (A) may be made of one of the following combinations: AlGaN/AlGaN/AlN, GaN/AlGaN/AlN, InGaN/AlGaN/AlN, InGaN/InAlGaN/AlN and InGaN/GaN/AlN (emphasis added)”, wherein the double well structure of each of the one or more quantum wells is sandwiched between two barrier layers (AlN of InGaN/GaN/AlN), such that the well layer and the interlayer are both adjacent to a barrier layer (AlN), and further wherein the well layer (InGaN) comprises InzGa1-zN, or AliInjGa1-i-jN, where 0<i≤1 and 0≤1; the interlayer (GaN) comprises GaN; and the barrier layers (AlN) comprise AlyGa1-yN, where 0<y≤1, or AlkInlGa1-k-lN, where 0<k≤1 and 0<l≤l, because when y = 1, AlyGa1-yN = AlN; a first electrically conductive contact (160 in Fig. 2) ([0031]) in electrical communication with a first side (bottom side) of the active region (120) in Fig. 2; a second electrically conductive contact (180) ([0031]) in electrical communication with a second, opposing side (top side) of the active region in Fig. 2, because the second metal layer 180 is in contact with the n-type semiconductor layer 110, which is disposed above the light emitting component 120; and a voltage source connected to the first and second electrically conductive contacts, which is inherent to form a functioning light-emitting device, because Lin et al. further disclose in paragraph [0046] that “Since the energy bandgap of the third layer 123 is greater than those of the first and second layer 121, 122, when the energy band is tilted under an external bias applied to the epitaxial light emitting structure 100 of the LED 10, a potential barrier spike can be generated to prevent carrier overflow, thereby increasing efficiency of radial recombination and luminance of the LED of this disclosure (emphasis added)”; wherein the first electrically conductive contact (160), the second electrically conductive contact (180), and the voltage source are inherently configured to apply an electric field across the active region.
Lin et al. differ from the claimed invention by not showing that the well layer formed of InGaN expressed by InzGa1-zN has a z value of 0<z≤0.3.
Lin et al. further disclose in paragraph [0032] that “With regard to the light emitting component 120, the multiple quantum well structure contains five of the first periodic layered elements (A), each including the first layer 121 made of In0.05Ga0.95N and having an average thickness of 76 Å, the second layer 122 made of Al0.08Ga0.92N and having an average thickness of 177 Å, and the third layer 123 made of AlN and having an average thickness of 10 Å (see TEM images shown in FIGS. 4A and 4B) (emphasis added).”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the well layer formed of InGaN expressed by InzGa1-zN in the InGaN/GaN/AlN quantum well of Lin et al. can have a z value of 0<z≤0.3 as disclosed in a closely related light-emitting device having a similar quantum well structure in paragraph [0032] of Lin et al., because (a) the z value of InGaN would determine the (peak) wavelength of light emitted from the active region, and thus should be controlled and optimized to obtain a light-emitting device emitting light with a wavelength in a desired range, and (b) it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, In re Leshin, 125 USPQ 416
Regarding claim 2, Lin et al. differ from the claimed invention by not showing that the well layer has a thickness of no greater than 15 nm, the interlayer has a thickness of no greater than 15 nm, and the barrier layers has have a thickness of no greater than 25 nm.
Lin et al. further disclose that “for each of said first periodic layered elements, said first layer has a thickness ranging from 20 Å to 150 Å,” in claim 13, that “for each of said first periodic layered elements, said second layer has a thickness ranging from 50 Å to 300 Å” in claim 14, and that “for each of said first periodic layered elements, said third layer has a thickness not greater than 30 Å” in claim 15.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the well layer can have a thickness of no greater than 15 nm, the interlayer can have a thickness of no greater than 15 nm, and the barrier layers can have have a thickness of no greater than 25 nm, because (a) the claimed thickness ranges of the well layer, the interlayer and the barrier layers overlap with the thickness ranges disclosed in claims 13-15 of Lin et al., and (b) the thickness of each of the well layer, the interlayer and the barrier layers should be selected and optimized to obtain desired optical properties of the light emitted from the light-emitting device such as a wavelength of the light, a spectrum of the light, an intensity of the light, etc.
Regarding claims 3, 4, 7, 9, 11-13, 16, 25 and 29, Lin et al. further disclose for the light-emitting device of claim 1 that the light-emitting device (Figs. 1 and 2) is a light-emitting diode (claim 3), wherein the light emitting diode (Figs. 1 and 2) further comprises: an electron-injection layer (110) comprising n-GaN, n-InGaN, n-AlGaN, or n-AlInGaN ([0032]); and a hole-injection layer (140) comprising p-GaN, p-InGaN, p-AlGaN, or p-AlInGaN ([0032]); wherein the active region (120) is disposed between the electron-injection layer and the hole injection layer (claim 4), wherein the well layer (121) comprises the InzGa1-zN (InGaN of InGaN/GaN/AlN) (claim 7), the barrier layers (123) comprise the AlyGa1-yN (AlN of InGaN/GaN/AlN) (claim 9), the well layers (121) comprise the InzGa1-zN (InGaN of InGaN/GaN/AlN) and the barrier layers (123) comprise the (AlN of InGaN/GaN/AlN) (claim 11), the AlyGa1-yN or AlkInlGa1-k-lN has an Al content that increases or decreases through a thickness of the barrier layers (123), because (a) Applicants do not specifically claim that “the AlyGa1-yN or AlkInlGa1-k-lN has an Al content that” monotonously “increases” throughout “a thickness of the barrier layers” or “the AlyGa1-yN or AlkInlGa1-k-lN has an Al content that” monotonously “decreases” throughout “a thickness of the barrier layers”, and (b) it is inherent that an Al content in the AlGaN barrier layers 123 disclosed by Lin et al. increases or decreases to a certain degree through a thickness of the barrier layers due to diffusion of Al atoms inside the AlGaN barrier layers 123 and/or between the AlGaN barrier layers and the neighboring InGaN well layer and the GaN interlayer since no atoms including Al atoms would not diffuse during the growth process of multiple semiconductor layers, see also Fig. 5 of Lin et al. (claim 12), wherein the Al content of the AlyGa1-yN or AlkInlGa1-k-lN is graded through the thickness of the barrier layers, because (a) Applicants do not specifically claim what the “graded” Al content refers to, (b) Applicants do not specifically claim that “the Al content of the AlyGa1-yN or AlkInlGa1-k-lN is” monotonously “graded” throughout “the thickness of the barrier layers, and (c) Fig. 5 of Lin et al. shows such a graded Al content (claim 13), at least one of the InzGa1-zN, AliInjGa1-i-jN, GaN, AlyGa1-yN, or AlkInlGa1-k-lN is externally doped with a p-type or an n-type dopant, because (a) Applicants do not specifically claim what the phrase “externally doped” implies, and (b) therefore, at least one of the claimed semiconductor materials in contact with the p-type electron blocking layer 130 and the n-type semiconductor layer 110 would be externally doped with a p-type or an n-type dopant diffused from the p-type electron blocking layer 130 and the n-type semiconductor layer 110 (claim 16), the AlyGa1-yN has a graded composition through a thickness of the barrier layers (123), because (a) Applicants do not specifically claim that “the AlyGa1-yN has” a monotonous “graded composition” throughout “a thickness of the barrier layers”, and (b) it is inherent that an Al content in the AlGaN barrier layers 123 disclosed by Lin et al. has a graded composition through a thickness of the barrier layers as shown in Fig. 5 of Lin et al. (claim 25), and the active region (120) comprises more than one of the quantum wells (Fig. 1) (claim 29).
Regarding claim 17, Lin et al. disclose a method of generating light (Fig. 6), the method comprising applying an electric field across an active region (120) ([0019]) of a light-emitting device (Figs. 1 and 2), which is inherent as Lin et al. disclose in paragraph [0046] that “Since the energy bandgap of the third layer 123 is greater than those of the first and second layer 121, 122, when the energy band is tilted under an external bias applied to the epitaxial light emitting structure 100 of the LED 10, a potential barrier spike can be generated to prevent carrier overflow, thereby increasing efficiency of radial recombination and luminance of the LED of this disclosure (emphasis added)”, the active region comprising one or more quantum wells (composite structure of 121-123) ([0022]), wherein the one or more quantum wells are formed in a heterostructure; each of the one or more quantum wells comprising a double well structure (InGaN and GaN) ([0027]) comprising a well layer (InGaN) and an adjacent interlayer (GaN), because Lin et al. disclose that “The first, second and third layers 121, 122, 123 in each of the first periodic layered elements (A) may be made of one of the following combinations: AlGaN/AlGaN/AlN, GaN/AlGaN/AlN, InGaN/AlGaN/AlN, InGaN/InAlGaN/AlN and InGaN/GaN/AlN (emphasis added)”, wherein the double well structure of each of the one or more quantum wells is sandwiched between two barrier layers (AlN of InGaN/GaN/AlN), such that the well layer and the interlayer are both adjacent to a barrier layer, and further wherein the well layer (InGaN) comprises InzGa1-zN, or AliInjGa1-i-jN, where 0<i≤1 and 0≤1; the interlayer (GaN) comprises GaN; and the barrier layers (AlN) comprise AlyGa1-yN, where 0<y≤1, or AlkInlGa1-k-lN, where 0<k≤1 and 0<l≤l; whereby light is generated in the active region by the recombination of holes and electrons in the active region, which is inherent since the claim limitation is directed to how light emitted from the light-emitting diode disclosed by Lin et al.
Lin et al. differ from the claimed invention by not showing that the well layer formed of InGaN expressed by InzGa1-zN has a z value of 0<z≤0.3.
Lin et al. further disclose in paragraph [0032] that “With regard to the light emitting component 120, the multiple quantum well structure contains five of the first periodic layered elements (A), each including the first layer 121 made of In0.05Ga0.95N and having an average thickness of 76 Å, the second layer 122 made of Al0.08Ga0.92N and having an average thickness of 177 Å, and the third layer 123 made of AlN and having an average thickness of 10 Å (see TEM images shown in FIGS. 4A and 4B) (emphasis added).”
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the well layer formed of InGaN expressed by InzGa1-zN can have a z value of 0<z≤0.3 as disclosed in a related light-emitting device having a similar quantum well structure in paragraph [0032], because (a) the z value of InGaN would determine the (peak) wavelength of light emitted from the active region, and thus should be controlled and optimized to obtain a light-emitting device emitting light with a wavelength in a desired range, and (b) it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, In re Leshin, 125 USPQ 416
Response to Arguments
Applicants’ 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoo et al. (US 2023/0402566)
Applicants' amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are 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 JAY C KIM whose telephone number is (571) 270-1620. The examiner can normally be reached 8:00 AM - 6:00 PM EST.
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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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/JAY C KIM/Primary Examiner, Art Unit 2815
/J. K./Primary Examiner, Art Unit 2815 June 26, 2026
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