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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/26/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bondokov et al. (US 2019/0382916 A1).
Regarding claim 1, Bondokov et al. teach an ultraviolet semiconductor light-emitting element (800 emitting UV radiation; Fig. 8A, [0129]) comprising: a single crystal AlN substrate (805 of single crystal AlN; Fig. 8A, [0129]); an n-type AlGaN layer (820 of AlGaN; Fig. 8A, [0138]) formed on the single crystal AlN substrate (805); an active layer (825 of MQW layer; Fig. 8A, [0140]) formed on the n-type AlGaN layer (820), the active layer (825) having a light emission peak wavelength of 250 nm or more and 280 nm or less (wavelength, implied as the peak wavelength as disclosed in [0082] and [0087], can be between 250 nm to 280 nm; [0140]); and a p-type AlGaN layer (840 of p-type AlGaN; Fig. 8A, [0142]) formed on the active layer (825), whereby the single crystal AIN substrate (805) absorbs a part of an emitted light from the active layer (825) and emits a visible light during driving of the ultraviolet semiconductor light-emitting element (800) due to absorption of the part of the emitted light (this limitation is a functional limitation of the light-emitting element during driving the light-emitting element, Bondokov et al. teach the single crystal AlN substrate 805 and the active layer 825 as claimed, and also teach that the substrate 805 contains impurities of silicon, oxygen and carbon in [0022] of Bondokov et al, thus, the single crystal AlN substrate would exhibit the function of absorbing the light form the active layer and emitting a visible light during driving the light-emitting element as claimed based on Table 1 and pages 9-11 of the specification of the current application).
Bondokov et al. do not teach wherein a C concentration in the single crystal AlN substrate is 3×1017 atoms/cm3 or more.
In the same reference, Bondokov et al. teach wherein a C concentration in the single crystal AlN substrate (805) is more than 1×1017 cm-3 ([0022]), which overlaps the claimed range of 3×1017 atoms/cm3 or more, that establishes a prima facie case of obviousness (MPEP 2144.05).
Regarding claim 2, Bondokov et al. teach the ultraviolet semiconductor light-emitting element according to claim 1, wherein the single crystal AlN substrate (805) has an absorption coefficient (see Fig. 3B) relative to a light with the light emission peak wavelength (250 nm or more and 280 nm or less) of the active layer (825).
Bondokov et al. do not teach in Fig. 3B, an absorption coefficient of 15 cm-1 or more.
Parameters such as the absorption coefficient of the AlN substrate in the art of semiconductor manufacturing process are subject to routine experimentation and optimization to achieve the desired UV transparency during device fabrication ([0005] of Bondokov et al.). Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to incorporate the absorption coefficient of the AlN substrate within the range as claimed in order to achieve the desired UV transparency during device fabrication ([0005] of Bondokov et al.).
Regarding claim 3, Bondokov et al. teach the ultraviolet semiconductor light-emitting element according to claim 1, wherein a sum of an Si concentration and an O concentration in the single crystal AlN substrate (805; [0022]) is higher than the C concentration (the ratio of C concentration to the oxygen concentration can be less than 0.5, i.e. the O concentration is more than twice the C concentration, i.e. the sum of the Si concentration and the O concentration would be higher than the C concentration, [0022]).
Regarding claim 4, Bondokov et al. teach the ultraviolet semiconductor light-emitting element according to claim 1, wherein the single crystal AlN substrate (805) has a region (the region of 805) in a plan view (a top-down view of Fig. 8A) in which an internal transmittance τ (internal transmittance τ defined by Formula 1 below), the internal transmittance τ being expressed by a following Formula 1 when the absorption coefficient relative to the light emission peak wavelength (250 nm or more and 280 nm or less) of the active layer (825) is α (see Fig. 3B below, the absorption coefficient α of 310 is measured to be 7.8 cm-1 at 250 nm and 7.03 cm-1 at 280 nm), and a thickness of the single crystal AlN substrate (805) is x (the thickness x can be from 100 µm to 2 mm; [0122]). Formula 1 τ = exp(−αx) ∙∙∙(1)
Bondokov et al. do not teach an internal transmittance τ is 30% or more and 70% or less.
In the same reference, Bondokov et al. teach an internal transmittance τ (based on the Formula 1 and α being 7.8 cm-1 at 250 nm and 7.03 cm-1 at 280 nm of 310 in Fig. 3B, and the thickness x can be from 100 µm to 2 mm disclosed in [0122]) is 21% or more and 93% or less, which overlaps the claimed range of 30% or more and 70% or less, that establishes a prima facie case of obviousness (MPEP 2144.05).
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Fig. 3B of Bondokov et al.
Regarding claim 5, Bondokov et al. teach the ultraviolet semiconductor light-emitting element according to claim 4, wherein the single crystal AlN substrate (805) has a region (the region of 805) in which the internal transmittance τ (internal transmittance τ defined by Formula 1 in claim 4) in a plan view (a top-down view of Fig. 8A).
Bondokov et al. do not teach the internal transmittance τ is 40% or more and 60% or less.
In the same reference, Bondokov et al. teach an internal transmittance τ (based on the Formula 1 and α being 7.8 cm-1 at 250 nm and 7.03 cm-1 at 280 nm of 310 in Fig. 3B, and the thickness x can be from 100 µm to 2 mm disclosed in [0122]) is 21% or more and 93% or less, which overlaps the claimed range of 40% or more and 60% or less, that establishes a prima facie case of obviousness (MPEP 2144.05).
Regarding claim 7, Bondokov et al. teach an ultraviolet semiconductor light-emitting element (800 emitting UV radiation; Fig. 8A, [0129]) comprising: a single crystal AlN substrate (805 of single crystal AlN; Fig. 8A, [0129]); an n-type AlGaN layer (820 of AlGaN; Fig. 8A, [0138]) formed on the single crystal AlN substrate (805); an active layer (825 of MQW layer; Fig. 8A, [0140]) formed on the n-type AlGaN layer (820), the active layer (825) having a light emission peak wavelength of 250 nm or more and 280 nm or less (wavelength, implied as the peak wavelength as disclosed in [0082] and [0087], can be between 250 nm to 280 nm; [0140]); and a p-type AlGaN layer (840 of p-type AlGaN; Fig. 8A, [0142]) formed on the active layer (825), wherein the single crystal AIN substrate (805) absorbs a part of an emitted light from the active layer (825) and emits a light having an emission peak in a wavelength range of 590 nm or more and 610 nm or less during driving of the ultraviolet semiconductor light-emitting element (800) due to absorption of the part of the emitted light (this limitation is a functional limitation of the light-emitting element during driving the light-emitting element, Bondokov et al. teach the single crystal AlN substrate 805 and the active layer 825 as claimed, and also teach that the substrate 805 contains impurities of silicon, oxygen and carbon in [0022] of Bondokov et al, thus, the single crystal AlN substrate would exhibit the function of absorbing the light form the active layer and emitting a light having an emission peak in a wavelength range of 590 nm or more and 610 nm or less during driving the light-emitting element as claimed based on Table 1 and pages 9-11 (especially, the second paragraph on page 11 showing 600 nm emission) of the specification of the current application).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bondokov et al. as applied to claim 7 above, and further in view of Shimamura et al. (US 2014/0361328 A1).
Regarding claim 8, Bondokov et al. teach the ultraviolet semiconductor light-emitting element according to claim 7, wherein an output of light (UV; [0023]).
Bondokov et al. do not teach an output of light with a wavelength of 590 nm or more and 610 nm or less during the driving is 0.15 μW or more.
In the same field of endeavor of light emitting devices, Shimamura et al. teach an output of light (red light; [0090]) with a wavelength of 590 nm or more and 610 nm or less (in a range of from 580 to 720 nm which covers the claimed range of 590 nm or more and 610 nm or less) during the driving (i.e. excited by the UV light; [0090]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the inventions of Bondokov et al. and Shimamura et al., and to further include the UV photoexcited red light-emitting material on a side of the ultraviolet semiconductor light-emitting element of Bondokov et al., because the combination can generate red color ([0090] of Shimamura et al.) which can be used to form a light emitting apparatus emitting a red light free of the problem of deterioration ([0090-0091] of Shimamura et al.).
Shimamura et al. do not teach an output of light is 0.15 μW or more.
Parameters such as the power of the output of light in the art of semiconductor manufacturing process are subject to routine experimentation and optimization to achieve the desired high luminance during device fabrication ([0003] of Shimamura et al.). Therefore, it would have been obvious to one of the ordinary skill in the art at the time the invention was made to incorporate the power of the output of light within the range as claimed in order to achieve the desired high luminance during device fabrication ([0003] of Shimamura et al.).
Response to Arguments
Applicant's arguments with respect to claims 1 and 7 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Noguchi et al. (US 20130082297 A1) teach a UV LED having a depressed part in the p-type nitride semiconductor layer.
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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/HSIN YI HSIEH/Primary Examiner, Art Unit 2899 9/2/2026
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