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 Arguments
Applicant’s arguments with respect to claim(s) 1, 2 and 4-10 have been considered but are moot on grounds of new rejection.
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, 2 and 4-10 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 claim(s) contains 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 inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “a first element insulating layer surrounding a side surface of the light-emitting element core, comprising, an oxide insulating layer having a single crystalline structure, and comprising a metal oxide including two or more metal elements, one of the two or more metal elements comprising Ta or La”. Examiner takes this recitation as if the first element insulating layer contains both an oxide insulating layer and a metal oxide including two or more metal elements comprising Ta or La. The Applicant does not have support for this in the original disclosure. It is either an oxide insulating layer or a metal oxide including two or mor metal elements. See paragraphs [0082] and [0083] of Applicant’s specification (PGPub). Appropriate correction is required. Claims 2 and 4-10 inherit these deficiencies.
For the purpose of examination, the Examiner is taking this recitation to read as “a first element insulating layer surrounding a side surface of the light-emitting element core, comprising, a metal oxide including two or more metal elements, one of the two or more metal elements comprising Ta or La”.
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.
Claim(s) 1, 2 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sim et al. (Sim) (US 2023/0066350 A1) in view of CHA et al. (CHA) (US 2023/0018385 A1) or LEE et al. (LEE) (US 2022/0415962 A1).
In regards to claim 1, Sim (Figs. 1, 2 and associated text) discloses a light emitting element (item ED, Figs. 1, 2) comprising: a light emitting element core (items 31 plus 32 plus 33 plus 37) including: a first semiconductor layer (items 31 or 32); a second semiconductor layer (items 31 or 32) spaced apart from the first semiconductor layer (items 31 or 32); and a light emitting layer (item 33) disposed between the first semiconductor layer (items 31 or 32) and the second semiconductor layer (items 31 or 32); and a first element insulating layer (item 39) surrounding a side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37), wherein the first element insulating layer (item 39) is an oxide insulating layer having a single crystalline structure (paragraph 93), but does not specifically disclose a first element insulating layer comprising a metal oxide including two or more metal elements comprising Ta or La.
CHA (Figs. 1, 2 and associated text) discloses a first element insulating layer (item 39) comprising a metal oxide including two or more metal elements comprising Ta or La (paragraph 19).
LEE (Figs. 1-3 and associated text) discloses a first element insulating layer (item 14) comprising a metal oxide including two or more metal elements comprising Ta or La (paragraph 83).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of CHA or LEE for the purpose of a high dielectric constant/permittivity and/or a transparent insulating material.
In regards to claim 2, Sim (Figs. 1, 2 and associated text) discloses wherein a thickness of the first element insulating layer (item 39) in a direction perpendicular to the side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37) is greater than about 0 nm and is about 10 nm or less (paragraphs 97, 108).
In regards to claim 4, Sim (Figs. 1, 2 and associated text) as modified by CHA (Figs. 1, 2 and associated text) or LEE discloses wherein the two or more metal elements are at least one selected from the group consisting of Ta, Hf, Zr, La, Si, Ti, and Al (paragraph 19, CHA, paragraph 83, LEE).
In regards to claim 5, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) includes a first metal element (Al), at least a portion of the light emitting element core (items 31 plus 32 plus 33 plus 37) includes a base element (GaN), and a bond-dissociation energy of an oxide with respect to the first metal element (Al) is greater than a bond-dissociation energy of an oxide with respect to the base element (GaN).
In regards to claim 6, Sim (Figs. 1, 2 and associated text) discloses wherein an ionic radius of the first metal element (Al) in the oxide is greater than an ionic radius of the base element (GaN) in the oxide.
In regards to claim 7, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) is directly disposed on the side surface of the light emitting element core (items 31 plus 32 plus 33 plus 37).
In regards to claim 8, Sim (Figs. 1, 2 and associated text) discloses further comprising: a second element insulating layer (item 38) surrounding an outer side surface of the first element insulating layer (item 39).
In regards to claim 9, Sim (Figs. 1, 2 and associated text) discloses wherein the second element insulating layer (item 38) is an oxide insulating layer having an amorphous structure or a polycrystalline structure (paragraph 101).
In regards to claim 10, Sim (Figs. 1, 2 and associated text) discloses wherein the first element insulating layer (item 39) and the second element insulating layer (item 38) include a same material (paragraphs 93, 97, 101).
Claim(s) 1, 2 and 4-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over
CHO et al. (CHO) (US 2019/0305035 A1 now US 10,856,672 B2) in view of CHA et al. (CHA) (US 2023/0018385 A1) or LEE et al. (LEE) (US 2022/0415962 A1).
In regards to claim 1, CHO (Fig. 6 and associated text) discloses a light emitting element (item LED, Fig. 6) comprising: a light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206) including: a first semiconductor layer (items 201 or 203); a second semiconductor layer (items 201 or 203) spaced apart from the first semiconductor layer (items 201 or 203); and a light emitting layer (item 202) disposed between the first semiconductor layer (items 201 or 203) and the second semiconductor layer (items 201 or 203); and a first element insulating layer (item 230) surrounding a side surface of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206), wherein the first element insulating layer (item 230) is an oxide insulating layer (paragraph 105) having a single crystalline structure.
Cho does not specifically disclose first element insulating layer (item 230) is an oxide insulating layer (paragraph 105) having a single crystalline structure. However, it is well known that some of insulating oxides mentioned in paragraph 110 [(silicon oxide (SiO.sub.x), silicon oxynitride (SiO.sub.xN.sub.y), aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), yttrium oxide (Y.sub.2O.sub.3), titanium dioxide (TiO.sub.2)], can have a single crystalline or polycrystalline structure.
It would have been obvious to modify the invention to include a first element insulating layer being an oxide insulating layer having a single crystalline structure, since 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).
Cho does not specifically disclose a first element insulating layer comprising a metal oxide including two or more metal elements comprising Ta or La.
CHA (Figs. 1, 2 and associated text) discloses a first element insulating layer (item 39) comprising a metal oxide including two or more metal elements comprising Ta or La (paragraph 19).
LEE (Figs. 1-3 and associated text) discloses a first element insulating layer (item 14) comprising a metal oxide including two or more metal elements comprising Ta or La (paragraph 83).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate the teachings of CHA or LEE for the purpose of a high dielectric constant/permittivity and/or a transparent insulating material.
In regards to claim 2, CHO (Fig. 6 and associated text) as modified by CHA (Figs. 1, 2 and associated text) discloses wherein a thickness of the first element insulating layer (item 230, CHO, item 39, CHA) in a direction perpendicular to the side surface of the light emitting element core is greater than about 0 nm and is about 10 nm or less (paragraph 20, CHA).
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the invention to include a thickness of the first element insulating layer in a direction perpendicular to the side surface of the light emitting element core being greater than about 0 nm and about 10 nm or less, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)). Examiner notes the Applicant has given criticality to where any of the values within the claimed range yields an unexpected result and/or advantage.
In regards to claim 4, CHO (Fig. 6 and associated text) alone or as modified by CHA or LEE discloses wherein the two or more metal elements are at least one selected from the group consisting of Ta, Hf, Zr, La, Si, Ti, and Al (paragraph 105, aluminum oxide (Al.sub.2O.sub.3), hafnium oxide (HfO.sub.2), yttrium oxide (Y.sub.2O.sub.3), titanium dioxide (TiO.sub.2), CHO, paragraph 19, CHA, paragraph 83, LEE).
In regards to claim 5, CHO (Fig. 6 and associated text) discloses wherein the first element insulating layer (item 230) includes a first metal element (Al, Hf, Y or Ti), at least a portion of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206) includes a base element (GaN), and a bond-dissociation energy of an oxide with respect to the first metal element (Al, Hf, Y or Ti) is greater than a bond-dissociation energy of an oxide with respect to the base element (GaN).
In regards to claim 6, CHO (Fig. 6 and associated text) discloses wherein an ionic radius of the first metal element (Al, Hf, Y or Ti) in the oxide is greater than an ionic radius of the base element (GaN) in the oxide.
In regards to claim 7, CHO (Fig. 6 and associated text) discloses wherein the first element insulating layer (item 230) is directly disposed on the side surface of the light emitting element core (items 201 plus 202 plus 203 or 205 plus 201 plus 202 plus 203 plus 206).
In regards to claim 8, CHO (Fig. 6 and associated text) discloses further comprising: a second element insulating layer (item 231) surrounding an outer side surface of the first element insulating layer (item 230).
In regards to claim 9, CHO as modified by CHA or LEE does not specifically disclose wherein the second element insulating layer is an oxide insulating layer having an amorphous structure or a polycrystalline structure.
It would have been obvious to modify the invention to include a second element insulating layer being an oxide insulating layer having an amorphous structure or a polycrystalline structure, since 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).
In regards to claim 10, CHO as modified by CHA wherein the first element insulating layer (item 39, CHA) and the second element insulating layer (item 381, CHA) include a same material.
It would have been obvious to modify the invention to include a first element insulating layer and a second element insulating layer including a same material, since 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).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TELLY D GREEN whose telephone number is (571)270-3204. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jessica Manno can be reached at 571-272-2339. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TELLY D. GREEN
Examiner
Art Unit 2898
/TELLY D GREEN/Primary Examiner, Art Unit 2898 September 9, 2026
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