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 filed on 04/07/2026 have been fully considered but they are not persuasive.
The Applicant argues that in regard to claims 1 and 11 that the combination of Kitagawa and Kanikawa prior art, does not teach the limitation of “wherein the dielectric multilayer film includes a third dielectric film layered on the second dielectric film, and a fourth dielectric film layered on the third dielectric film,
the third dielectric film includes aluminum oxynitride,
the fourth dielectric film includes aluminum oxide,
at least a portion of the third dielectric film is crystalline,
at least one of chemical elements of yttrium or lanthanum is added to the third dielectric film,
at least one of chemical elements of yttrium or lanthanum is added to the fourth dielectric film,
a crystal structure of a crystal included in the third dielectric film differs from a crystal structure of a crystal included in the first dielectric film.”
In response to this argument, the Examiner directs the applicant’s attention to the combination of Kitagawa and Kanikawa prior art, which teaches the recited limitations as follows:
Kitagawa teaches an alternatively stacked structure wherein the dielectric multilayer film includes a third dielectric film (fourth emission surface protective film) layered on the second dielectric film (third emission surface protective film), and a fourth dielectric film layered (emission surface reflectance adjusting layer) on the third dielectric film (fourth emission surface protective film) (see Kitagawa, ¶ [0251]),
the third dielectric film (fourth emission surface protective film) includes aluminum oxynitride (see Kitagawa, ¶ [0251]),
the fourth dielectric film (emission surface reflectance adjusting layer) includes aluminum oxide (see Kitagawa, ¶ [0251]),
at least a portion of the third dielectric film (fourth emission surface protective film) is crystalline (see Kitagawa, ¶ [0147] and ¶ [0251]),
a crystal structure of a crystal included in the third dielectric film (fourth emission surface protective film) differs from a crystal structure of a crystal included in the first dielectric film (second emission surface protective film) (note: the crystallization of each layers is different by default due to the nature of processing conditions) (see Kitagawa, ¶ [0147] and ¶ [0251]).
The combination of Kitagawa and Kanikawa is silent upon explicitly disclosing wherein at least one of chemical elements of yttrium or lanthanum is added to the third dielectric film,
at least one of chemical elements of yttrium or lanthanum is added to the fourth dielectric film.
However, the combination of Kitagawa and Kanikawa teaches wherein at least one of chemical elements of yttrium or lanthanum (an oxynitride of lanthanum and aluminum) is added to the first dielectric film (see Kanikawa, Figs.1 and 7 as shown below, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]), and
at least one of chemical elements of yttrium or lanthanum (oxide of lanthanum and aluminum) is added to the second dielectric film (see Kanikawa, Figs.1 and 7 as shown below, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Kitagawa and Kanikawa to add the chemical elements of yttrium or lanthanum to the third dielectric film (aluminum oxynitride layer) and the forth dielectric film (aluminum oxide layer) of Kitagawa as taught by Kanikawa in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
In addition, during patent examination, the pending claims must be "given their broadest reasonable interpretation consistent with the specification." In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000). While the claims of issued patents are interpreted in light of the specification, prosecution history, prior art and other claims, this is not the mode of claim interpretation to be applied during examination. During examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, F.3d, 2004 WL 1067528 (Fed. Cir. May 13, 2004) (The USPTO uses a different standard for construing claims than that used by district courts; during examination the USPTO must give claims their broadest reasonable interpretation.) This means that the words of the claim must be given their plain meaning unless applicant has provided a clear definition in the specification. In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) >; Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1372, 69 USPQ2d 1857 (Fed. Cir. 2004).
The Examiner would further point out that “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). Therefore, the combination of Kitagawa and Kanikawa prior art reference does meet all the limitation in claims 1 and 11.
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) 1-5, 7-8, 10-12, and 14- 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kitagawa et al. (U.S. 2020/0373730 A1, hereinafter refer to Kitagawa) in view of Kamikawa et al. (JP 2008-78465 A, hereinafter refer to Kamikawa).
JP 2008078465 (A) (hereinafter refer to Kamikawa) is relied upon solely for the English language translation of JP 2008-78465 A.
Regarding Claim 1: Kitagawa discloses a nitride semiconductor light-emitting element (see Kitagawa, Fig.1 as shown below and ¶ [0002]) comprising:
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a nitride semiconductor that has two resonator faces (10f/10r) opposed to each other (see Kitagawa, Fig.1 as shown above); and
a dielectric multilayer film that includes a first dielectric film (12) layered on at least one resonator face of the two resonator faces (10), and a second dielectric film (13) layered on the first dielectric film (12) (see Kitagawa, Fig.1 as shown above),
wherein the first dielectric film (12) includes aluminum oxynitride (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the second dielectric film (13) includes aluminum oxide (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the first dielectric film (12) is a crystalline film (see Kitagawa, Fig.1 as shown above, ¶ [0094], ¶ [0142], and ¶ [0251]).
First embodiment, Fig.1 of Kitagawa is silent upon explicitly disclosing wherein the dielectric multilayer film includes a third dielectric film layered on the second dielectric film, and a fourth dielectric film layered on the third dielectric film,
the third dielectric film includes aluminum oxynitride,
the fourth dielectric film includes aluminum oxide,
at least a portion of the third dielectric film is crystalline,
a crystal structure of a crystal included in the third dielectric film differs from a crystal structure of a crystal included in the first dielectric film.
However, second embodiment of Kitagawa, teaches an alternatively stacked structure wherein the dielectric multilayer film includes a third dielectric film (fourth emission surface protective film) layered on the second dielectric film (third emission surface protective film), and a fourth dielectric film layered (emission surface reflectance adjusting layer) on the third dielectric film (fourth emission surface protective film) (see Kitagawa, ¶ [0251]),
the third dielectric film (fourth emission surface protective film) includes aluminum oxynitride (see Kitagawa, ¶ [0251]),
the fourth dielectric film (emission surface reflectance adjusting layer) includes aluminum oxide (see Kitagawa, ¶ [0251]),
at least a portion of the third dielectric film (fourth emission surface protective film) is crystalline (see Kitagawa, ¶ [0147] and ¶ [0251]),
a crystal structure of a crystal included in the third dielectric film (fourth emission surface protective film) differs from a crystal structure of a crystal included in the first dielectric film (second emission surface protective film) (note: the crystallization of each layers is different by default due to the nature of processing conditions) (see Kitagawa, ¶ [0147] and ¶ [0251]).
Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the first and the second embodiments of Kitagawa to enable alternatively stacked aluminum oxynitride and aluminum oxide layers as taught by second embodiment in order to obtain a highly reliable nitride semiconductor laser element.
Kitagawa is silent upon explicitly disclosing wherein at least one of chemical elements of yttrium or lanthanum is added to the first dielectric film,
at least one of chemical elements of yttrium or lanthanum is added to the second dielectric film.
For support see Kamikawa, which teaches wherein at least one of chemical elements of yttrium or lanthanum (an oxynitride of lanthanum and aluminum) is added to the first dielectric film (see Kanikawa, Figs.1 and 7 as shown below, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]), and
at least one of chemical elements of yttrium or lanthanum (oxide of lanthanum and aluminum) is added to the second dielectric film (see Kanikawa, Figs.1 and 7 as shown below, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
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Kitagawa discloses the claimed invention except for the chemical elements of yttrium or lanthanum added to the aluminum oxynitride layer or aluminum oxide layer of Kitagawa. Thus, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Kitagawa and Kanikawa to add the chemical elements of yttrium or lanthanum to the aluminum oxynitride layer or aluminum oxide layer of Kitagawa as taught by Kanikawa in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
The combination of Kitagawa and Kanikawa is silent upon explicitly disclosing wherein at least one of chemical elements of yttrium or lanthanum is added to the third dielectric film,
at least one of chemical elements of yttrium or lanthanum is added to the fourth dielectric film.
However, the combination of Kitagawa and Kanikawa teaches wherein at least one of chemical elements of yttrium or lanthanum (an oxynitride of lanthanum and aluminum) is added to the first dielectric film (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]), and
at least one of chemical elements of yttrium or lanthanum (oxide of lanthanum and aluminum) is added to the second dielectric film (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Kitagawa and Kanikawa to add the chemical elements of yttrium or lanthanum to the third dielectric film (aluminum oxynitride layer) and the forth dielectric film (aluminum oxide layer) of Kitagawa as taught by Kanikawa in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
Note: mere duplication of aluminum oxynitride layer and the aluminum oxide layer has no patentable significance unless a new and unexpected result is produced.
Regarding Claim 2: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 1 as above. The combination of Kitagawa and Kanikawa further teaches wherein the first dielectric film (12) is a film whose entirety is crystalline (see Kitagawa, Fig.1 as shown above, ¶ [0094], ¶ [0142], and ¶ [0251]).
Regarding Claim 3: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 2 as above. The combination of Kitagawa and Kanikawa further teaches wherein the second dielectric film (13) is amorphous (see Kitagawa, Fig.1 as shown above, ¶ [0094], ¶ [0143], and ¶ [0251]).
Regarding Claim 4: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 2 as above. The combination of Kitagawa and Kanikawa further teaches wherein the dielectric multilayer film includes a first optical film (11) including SiN or SiON which is disposed between the at least one resonator face (10) and the first dielectric film (12) (see Kitagawa, Fig.1 as shown above, ¶ [0094], ¶ [0141], and ¶ [0251]).
Regarding Claim 5: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 2 as above. The combination of Kitagawa and Kanikawa further teaches wherein the first dielectric film (12) has an oxygen concentration of at least 2 atom % and at most 13.4 atom % (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0196]).
Regarding Claim 7: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 2 as above. The combination of Kitagawa and Kanikawa further teaches wherein the dielectric multilayer film includes a second optical film (415) that includes silicon oxide and is layered on at least any of the first dielectric film (second emission surface protective film is AlON), the second dielectric film (third emission surface protective film is Al2O3), the third dielectric film (fourth emission surface protective film is AlON), or the fourth dielectric film (emission surface reflectance adjusting layer including Al2O3) (see Kitagawa, Figs.13, ¶ [0147], ¶ [0159], ¶ [0251], and ¶ [0263]).
Regarding Claim 8: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 7 as above. The combination of Kitagawa and Kanikawa further teaches wherein the second optical film (415) is disposed farthest from the at least one resonator face among a plurality of films included in the dielectric multilayer film (see Kitagawa, Figs.13, ¶ [0147], ¶ [0159], ¶ [0251], and ¶ [0263]).
Regarding Claim 10: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 2 as above. The combination of Kitagawa and Kanikawa further teaches wherein the third dielectric film (fourth emission surface protective film is AlON) includes a crystal and a non-crystalline solid (see Kitagawa, Figs.13, ¶ [0147], ¶ [0159], ¶ [0251], and ¶ [0263]).
Note: discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.
Regarding Claim 11: Kitagawa discloses a nitride semiconductor light-emitting element (see Kitagawa, Fig.1 as shown above and ¶ [0002]) comprising:
a nitride semiconductor that has two resonator faces (10f/10r) opposed to each other (see Kitagawa, Fig.1 as shown above); and
a dielectric multilayer film that includes a first dielectric film (12) layered on at least one resonator face of the two resonator faces, and a second dielectric film (13) layered on the first dielectric film (12) (see Kitagawa, Fig.1 as shown above),
wherein the first dielectric film (12) includes aluminum oxynitride (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the second dielectric film (13) includes aluminum oxide (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the first dielectric film (12) is a crystalline film (see Kitagawa, Fig.1 as shown above, ¶ [0094], ¶ [0142], and ¶ [0251]),
First embodiment, Fig.1 of Kitagawa is silent upon explicitly disclosing wherein the dielectric multilayer film includes a third dielectric film layered on the second dielectric film, and a fourth dielectric film layered on the third dielectric film,
the third dielectric film includes aluminum oxynitride,
the fourth dielectric film includes aluminum oxide,
at least a portion of the third dielectric film is crystalline,
a crystal structure of a crystal included in the third dielectric film differs from a crystal structure of a crystal included in the first dielectric film.
However, second embodiment of Kitagawa, teaches an alternatively stacked structure wherein the dielectric multilayer film includes a third dielectric film (fourth emission surface protective film is AlON) layered on the second dielectric film (13), and a fourth dielectric film layered on the third dielectric film (fourth emission surface protective film is AlON) (see Kitagawa, ¶ [0251]),
the third dielectric film (fourth emission surface protective film is AlON) includes aluminum oxynitride (see Kitagawa, ¶ [0251]),
the fourth dielectric film (emission surface reflectance adjusting layer including Al2O3) includes aluminum oxide (see Kitagawa, ¶ [0251]),
at least a portion of the third dielectric film (fourth emission surface protective film is AlON) is crystalline (see Kitagawa, ¶ [0147] and ¶ [0251]),
a crystal structure of a crystal included in the third dielectric film (fourth emission surface protective film) differs from a crystal structure of a crystal included in the first dielectric film (second emission surface protective film) (note: the crystallization of each layers is different by default due to the nature of processing conditions) (see Kitagawa, ¶ [0147] and ¶ [0251]), and
the dielectric multilayer film includes a second optical film (15) that includes silicon oxide and is layered on at least any of the first dielectric film (12), the second dielectric film (13), the third dielectric film (fourth emission surface protective film is AlON), or the fourth dielectric film (emission surface reflectance adjusting layer including Al2O3) (see Kitagawa, Figs.1 and 2 as shown above, ¶ [0094], and ¶ [0251]).
Thus, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to combine the first and the second embodiments of Kitagawa to enable alternatively stacked aluminum oxynitride and aluminum oxide layers as taught by second embodiment in order to obtain a highly reliable nitride semiconductor laser element.
Kitagawa is silent upon explicitly disclosing wherein at least one of chemical elements of yttrium or lanthanum is added to the first dielectric film,
at least one of chemical elements of yttrium or lanthanum is added to the second dielectric film.
For support see Kamikawa, which teaches the chemical elements of yttrium or lanthanum were added to the aluminum oxynitride layer and/or aluminum oxide layer (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
Kitagawa discloses the claimed invention except for the chemical elements of yttrium or lanthanum added to the aluminum oxynitride layer or aluminum oxide layer of Kitagawa. Thus, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Kitagawa and Kanikawa to add the chemical elements of yttrium or lanthanum to the aluminum oxynitride layer or aluminum oxide layer of Kitagawa as taught by Kanikawa in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
The combination of Kitagawa and Kanikawa is silent upon explicitly disclosing wherein at least one of chemical elements of yttrium or lanthanum is added to the third dielectric film, and
at least one of chemical elements of yttrium or lanthanum is added to the fourth dielectric film.
However, the combination of Kitagawa and Kanikawa teaches wherein at least one of chemical elements of yttrium or lanthanum (an oxynitride of lanthanum and aluminum) is added to the first dielectric film (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]), and
at least one of chemical elements of yttrium or lanthanum (oxide of lanthanum and aluminum) is added to the second dielectric film (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
Hence, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to combine the teachings of Kitagawa and Kanikawa to add the chemical elements of yttrium or lanthanum to the third dielectric film (aluminum oxynitride layer) and the forth dielectric film (aluminum oxide layer) of Kitagawa as taught by Kanikawa in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film, since it has been held to be within the general skill of a worker in the art to select a known material on the base of its suitability, for its intended use involves only ordinary skill in the art. In re Leshin, 125 USPQ 416.
Note: mere duplication of aluminum oxynitride layer and the aluminum oxide layer has no patentable significance unless a new and unexpected result is produced.
Regarding Claim 12: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein the second optical film (15) is disposed farthest from the at least one resonator face among a plurality of films included in the dielectric multilayer film (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]).
Regarding Claim 14: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein the third dielectric film (fourth emission surface protective film is AlON) includes a crystal and a non-crystalline solid (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]).
Note: discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.
Regarding Claim 15: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein the dielectric multilayer film includes at least two multilayer coating films that are sequentially and repeatedly formed by deposition, the at least two multilayer coating films each being a set of a first coating film including silicon oxide and a second coating film layered on the first coating film and including aluminum oxynitride (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]), and
at least one of chemical elements of yttrium or lanthanum is added to the second coating film (see Kanikawa, Figs.1 and 7 as shown above, ¶ [0001], ¶ [0016]- ¶ [0017], and ¶ [0060]).
Note: mere duplication of protective films of AlON and Al2O3 alternatively has no patentable significance unless a new and unexpected result is produced.
Regarding Claim 16: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein one of the two resonator faces has a reflectance of at least 90% (see Kitagawa, Fig.1 as shown above, ¶ [0230]), and
an other of the two resonator faces has a reflectance of at most 1% (see Kitagawa, Fig.1 as shown above and ¶ [0250]).
Regarding Claim 17: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein the nitride semiconductor has a hexagonal crystal structure (see Kitagawa, Fig.1 as shown above),
the at least one resonator face is an m-plane among hexagonal crystal planes,
the first dielectric film includes a crystal having a hexagonal crystal structure (see Kitagawa, Fig.1 as shown above), and
a c-axis of the crystal included in the first dielectric film is perpendicular to the at least one resonator face (see Kitagawa, Fig.1 as shown above).
Regarding Claim 18: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein the nitride semiconductor has a hexagonal crystal structure (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the at least one resonator face is an m-plane among hexagonal crystal planes,
the first dielectric film is a crystalline film including a crystal having a hexagonal crystal structure (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]),
the first dielectric film includes:
a first crystalline layer whose c-axis is parallel to the at least one resonator face (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]); and
a second crystalline layer whose c-axis is perpendicular to the at least one resonator face (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]), and
the first crystalline layer is disposed closer to the at least one resonator face than the second crystalline layer is (see Kitagawa, Fig.1 as shown above, ¶ [0094], and ¶ [0251]).
Note: discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.
Furthermore, mere duplication of protective films of AlON and Al2O3 alternatively has no patentable significance unless a new and unexpected result is produced.
Regarding Claim 19: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa further teaches wherein a wavelength of light emitted from the nitride semiconductor is at most 430 nm (yttrium-aluminum-garnet (YAG) type phosphor) (see Kitagawa, Fig.1 as shown above and ¶ [0283]).
Regarding Claim 20: Kitagawa as modified teaches a nitride semiconductor light-emitting element as set forth in claim 11 as above. The combination of Kitagawa and Kanikawa is silent upon explicitly disclosing wherein a sum of yttrium concentration and a lanthanum concentration in each of the first dielectric film and the second dielectric film is at most 0.05 atom %.
However, the combination of Kitagawa and Kanikawa teaches chemical elements of yttrium or lanthanum added to the aluminum oxynitride layer or aluminum oxide layer in order to improve reliability protective/coating film by suppressing changes in physical properties of a protective/coat film as shown above; hence, it would have been obvious to one of ordinary skill in the art of making semiconductor devices to determine the workable or optimal value for the sum of yttrium concentration and a lanthanum concentration in each of the first dielectric film and the second dielectric film through routine experimentation and optimization to obtain optimal or desired device performance because the sum of yttrium concentration and a lanthanum concentration in each of the first dielectric film and the second dielectric film is a result-effective variable and there is no evidence indicating that it is critical or produces any unexpected results and it has been held that it is not inventive to discover the optimum or workable ranges of a result-effective variable within given prior art conditions by routine experimentation. See MPEP § 2144.05
Conclusion
THIS ACTION IS MADE FINAL. 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 BITEW A DINKE whose telephone number is (571)272-0534. The examiner can normally be reached M-F 7 a.m. - 5 p.m..
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/BITEW A DINKE/Primary Examiner, Art Unit 2812
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