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
Applicant’s election without traverse of species A2 figure 3 (claims 1-7, 9, 26-30, and 32) in the reply filed on 4/15/2026 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, 2 and 4 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Forman et al. (US 2020/0244036).
Regarding claim 1, Forman et al. disclose a nitride semiconductor structure including a first semiconductor layer (110), an active layer (112) and a second semiconductor layer (114, 118) sequentially disposed on one another; and a passivation pattern (132) [0119](fig.1B) disposed on an outer surface (sidewalls, 134)(fig.1A) of the nitride semiconductor structure, wherein the first semiconductor layer includes a protrusion (portion of 110 outside of the sidewalls 134) (fig.1A) that protrudes (out to the side of the of) in a direction away from the active layer.
Regarding claim 2, Forman et al. disclose the protrusion is made of a same material as the first semiconductor layer and is integrated with the first semiconductor layer (fig. 1A).
Regarding claim 4, Forman et al. disclose the passivation pattern(132) exposes an outer side surface of the protrusion of the first semiconductor layer and covers the outer surface of the nitride semiconductor structure (fig. 1A).
Claim(s) 1- 4 , 6, and 26-28 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Sakong (US 2020/0403119).
Regarding claim 1, Sakong disclose a nitride semiconductor structure including a first semiconductor layer (122), an active layer (125) and a second semiconductor layer (127) sequentially disposed on one another; and a passivation pattern (145) [0045](fig.1) disposed on an outer surface (sidewalls)(fig.1) of the nitride semiconductor structure, wherein the first semiconductor layer includes a protrusion (P) (fig.1) that protrudes in a direction away from the active layer (fig 1).
Regarding claim 2, Sakong disclose the protrusion is made of a same material as the first semiconductor layer and is integrated with the first semiconductor layer (fig. 1).
Regarding claim 3, Sakong disclose the first semiconductor layer includes: a lower portion (P) having a first width (A2) (fig. 1); and an upper portion (122 above region P) disposed on the lower portion and having a second width (A1+A2)larger than the first width, wherein the lower portion is the protrusion that is integrated with the first semiconductor layer [0030, 0032].
Regarding claim 4, Sakong disclose the passivation pattern(145) exposes an outer side surface of the protrusion of the first semiconductor layer and covers the outer surface of the nitride semiconductor structure (fig. 1).
Regarding claim 6, Sakong disclose the nitride semiconductor structure has a T-shape (heavy top “T” 122 and P) in a cross-sectional view of the light-emitting device (fig.1).
Regarding claim 26, Sakong disclose a first semiconductor layer (122), an active layer (125) and a second semiconductor layer (127) sequentially disposed on one another; and a passivation pattern (145) disposed on outer surfaces of the first semiconductor layer, the active layer and the second semiconductor layer, wherein the first semiconductor layer includes: a first portion (P, A2)(fig. 1) having a first width; and a second portion (122, A1+A2) disposed closer to the active layer than the first portion and having a second width larger than the first width (fig 1).
Regarding claim 27, Sakong disclose the first portion is formed of a same material as the second portion and is integrated with the second portion (fig. 1).
Regarding claim 28, Sakong disclose the passivation pattern (145) exposes an outer side surface of the first portion (i.e. does not cover the side of (P)) of the first semiconductor layer and covers the outer surfaces of the first semiconductor layer, the active layer and the second semiconductor layer (fig.1)
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forman et al. (US 2020/0244036) as applied to claim 1 above in view of Chang (US 2024/0347672).
Forman et al. disclose the invention above.
Forman et al. fails to disclose a light-scattering pattern disposed on an outer side surface of the protrusion.
Chang disclose a light-scattering pattern (roughened) disposed on an outer side surface (fig. 4).
The combination of Forman et al. and Chang would form the light-scattering pattern (roughened) on the outer surface of the protrusion (Forman et al.).
Therefore, it would have been obvious at the time the invention was made to combine the teachings of Forman et al. and Chang because the roughened surface would increase the light extraction efficiency of the LED [Chang, 0032].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forman et al. (US 2020/0244036) as applied to claim 1 above in view of Kwak et al. (US 2002/0074556).
Forman et al. disclose the invention above. Forman et al. disclose the active layer (112) of the nitride semiconductor structure is disposed on one side of a top surface of the first semiconductor (110) layer wherein the second semiconductor layer(114, 116) is disposed on the active layer (fig. 1A).
Forman et al. fails to disclose another side of the top surface opposite to the one side of the top surface of the first semiconductor layer is exposed.
Kwak et al. disclose another side (R2) of the top surface opposite to the one side of the top surface of the first semiconductor layer (12) is exposed (fig 2).
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (exposing a top side of the first semiconductor), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the exposing would allow to form a contact on the top side of the first semiconductor layer).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Forman et al. (US 2020/0244036) as applied to claim 1 above in view of Kwak et al. (US 2002/0074556).
Forman et al. disclose the invention above.
Forman et al. fails to disclose the passivation pattern includes a first open area exposing a portion of the first semiconductor layer and a second open area exposing a portion of the second semiconductor layer, wherein the light-emitting device further comprises a first electrode and a second electrode, and wherein the first electrode contacts the portion of the first semiconductor layer exposed through the first open area, and the second electrode contacts the portion of the second semiconductor layer exposed through the second open area.
Kwak et al. disclose the passivation pattern (34)[0006] includes a first open area exposing a portion of the first semiconductor layer(12) (R2)(fig. 2) and a second open area (where 38 contacts 36) exposing a portion of the second semiconductor layer (32), wherein the light-emitting device further comprises a first electrode and a second electrode, and wherein the first electrode contacts the portion of the first semiconductor layer exposed through the first open area, and the second electrode contacts the portion of the second semiconductor layer exposed through the second open area.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (forming contact through passivation layer), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the exposing would allow to form a contacts semiconductor layers).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong (US 2020/0403119) as applied to claim 26 above in view of Chang (US 2024/0347672).
Sakong disclose the invention above.
Sakong fails to disclose a light-scattering pattern disposed on an outer side surface of the protrusion.
Chang disclose a light-scattering pattern (roughened) disposed on an outer side surface (fig. 4).
The combination of Forman et al. and Chang would form the light-scattering pattern (roughened) on the outer surface of the protrusion (Sakong).
Therefore, it would have been obvious at the time the invention was made to combine the teachings of Sakong and Chang because the roughened surface would increase the light extraction efficiency of the LED [Chang, 0032].
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong (US 2020/0403119) as applied to claim 26 above in view of Kwak et al. (US 2002/0074556).
Sakong disclose the invention above. Sakong disclose the active layer (125) of the nitride semiconductor structure is disposed on one side of a top surface of the first semiconductor (122) layer wherein the second semiconductor layer(127) is disposed on the active layer (fig. 1).
Sakong fails to disclose another side of the top surface opposite to the one side of the top surface of the first semiconductor layer is exposed.
Kwak et al. disclose another side (R2) of the top surface opposite to the one side of the top surface of the first semiconductor layer (12) is exposed (fig 2).
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (exposing a top side of the first semiconductor), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the exposing would allow to form a contact on the top side of the first semiconductor layer).
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong (US 2020/0403119) as applied to claim 26 above in view of Kwak et al. (US 2002/0074556).
Sakong disclose the invention above.
Sakong fails to disclose the passivation pattern includes a first open area exposing a portion of the first semiconductor layer and a second open area exposing a portion of the second semiconductor layer, wherein the light-emitting device further comprises a first electrode and a second electrode, and wherein the first electrode contacts the portion of the first semiconductor layer exposed through the first open area, and the second electrode contacts the portion of the second semiconductor layer exposed through the second open area.
Kwak et al. disclose the passivation pattern (34)[0006] includes a first open area exposing a portion of the first semiconductor layer(12) (R2)(fig. 2) and a second open area (where 38 contacts 36) exposing a portion of the second semiconductor layer (32), wherein the light-emitting device further comprises a first electrode and a second electrode, and wherein the first electrode contacts the portion of the first semiconductor layer exposed through the first open area, and the second electrode contacts the portion of the second semiconductor layer exposed through the second open area.
The prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference.
One of ordinary skill in the art could have combined the elements as claimed by known methods (forming contact through passivation layer), and that in combination, each element merely performs the same function as it does separately.
One of ordinary skill in the art would have recognized that the results of the combination were predictable (the exposing would allow to form a contacts semiconductor layers).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADLEY K SMITH whose telephone number is (571)272-1884. The examiner can normally be reached Monday-Friday, 10am-6pm.
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/BRADLEY SMITH/Primary Examiner, Art Unit 2817
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