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 Amendment
An amendment filed on 07/20/2026 in response to the Office Action mailed on 05/04/2026 is
being acknowledged and entered into the record. The present Non-Final Rejection is made by taking into full consideration all the amendments.
Response to Arguments
On pages 7-9 of the remarks filed on 07/20/2026, with respect to the amended Claim 1, Applicant argues that the thickness of the Cr layer of Emaminejad is 300 angstroms and is far away from the claimed ranged, which is a critical range, as a thickness greater than 20 angstroms may affect the reflectivity of the first contact layer, thereby affecting the light extraction efficiency of the light-emitting element and a thickness lower than 5 angstroms might cause poor ohmic contact between the first contact layer and the first semiconductor layer, thus, affecting the photoelectric characteristics of the light-emitting element. Applicant therefore argues the cited references of Zhu, Ye, Kim, Jung, and Emaminejad, either taken alone or in combination, fail to disclose or teach the feature "a thickness of the chromium layer is 5 angstroms to 20 angstroms" of the amended claim 1. These arguments are fully considered but are not persuasive. A different embodiment of the primary reference Zhou shown in Fig. 2b teaches a Chromium layer 151f in contact with the semiconductor layer 121 and has a thickness of 10 angstroms to 30 angstroms (see Fig. 2b: 151f, paragraph 0028), which overlaps the claimed range. Further, according to MPEP § 2144.05 (I), “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Therefore, Emaminejad is no longer relied upon to teach the newly added limitations of amended Claim 1 and instead the different embodiment of Zhou shown in Fig. 2b is relied upon. The rejection of Claim 1 over Zhou/Ye is maintained. New rejections for all dependent claims are made as appropriate.
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.
Rejection Note: Italicized claim limitations indicate limitations that are not explicitly disclosed in the
primary reference, but disclosed in the secondary references.
Claims 1, 2, 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 20230024651 A1), in view of Ye et al. (CN 104347783 A).
Regarding Claim 1, Zhu et al. discloses a light-emitting device, comprising:
a light-emitting element, which emits a light of a first wavelength (Fig. 1, paragraph 0013, 0018);
a wavelength conversion layer, which covers the light-emitting element, wherein the wavelength conversion layer comprises a first wavelength conversion material and a second wavelength conversion material, the light of the first wavelength emitted by the light-emitting element is converted into a light of a second wavelength through the first wavelength conversion material, and the light of the first wavelength emitted by the light-emitting element is converted into a light of a third wavelength through the second wavelength conversion material;
wherein the light-emitting element comprises:
a semiconductor stack layer 120, which comprises a first semiconductor layer 121, a second semiconductor layer 123, and an active layer 122 disposed between the first semiconductor 121 layer and the second semiconductor layer 123 (Fig. 1: 120, 121, 122, 123, paragraph 0016);
a contact layer 151, 152 wherein a portion thereof is in contact with the first semiconductor layer 121 (Fig. 1: 151, 152, Fig. 2: 151, paragraph 0023, 0036, 0037),
a material of the contact layer 151f in contact with the first semiconductor layer 121 is a chromium layer, a thickness of the chromium layer is 10 angstroms to 30 angstroms (Fig. 2b: 151f, paragraph 0028),
Note that while Zhu et al. fails to explicitly disclose the thickness of the chromium layer is 5 angstroms to 20 angstroms, the disclosed range overlaps the claimed range. According to MPEP § 2144.05 (I), “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
and the contact layer 151, 152 comprises a plurality of metal stacks 151f, 151a, 151b, 151c, 151d, 151e (Fig. 1: 151, 152, Fig. 2b: 151, 151f, 151a, 151b, 151c, 151d, 151e, paragraph 0023, 0036, 0037);
wherein a reflectivity of the contact layer to the third wavelength is greater than 85%, the reflectivity of the contact layer to the third wavelength is greater than a reflectivity of the contact layer to the first wavelength, a reflectivity of the contact layer to the second wavelength is greater than the reflectivity of the contact layer to the first wavelength, and the reflectivity of the contact layer to the third wavelength is greater than the reflectivity of the contact layer to the second wavelength.
Ye et al. discloses the following limitations not disclosed in Zhu et al.
a wavelength conversion layer 5, which covers the light-emitting element 4 (Fig 1a: 5, 4, page , lines page 4, lines 18-20 in English translation of Ye et al.),
wherein the wavelength conversion layer 5 comprises a first wavelength conversion material 52 and a second wavelength conversion material 54 (Fig. 1b: 52, 54, page 4, lines 18-20 in English translation of Ye et al.),
the light of the first wavelength emitted by the light-emitting element 4 is converted into a light of a second wavelength through the first wavelength conversion material 52 (see page 4, lines 20-22 in English translation of Ye et al.),
and the light of the first wavelength emitted by the light-emitting element 4 is converted into a light of a third wavelength through the second wavelength conversion material 54 (see page 4, lines 20-22 in English translation of Ye et al.);
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teachings of Zhu et al. and Ye et al. in order to have a wavelength conversion layer, which covers the light-emitting element, wherein the wavelength conversion layer comprises a first wavelength conversion material and a second wavelength conversion material, the light of the first wavelength emitted by the light-emitting element is converted into a light of a second wavelength through the first wavelength conversion material, and the light of the first wavelength emitted by the light-emitting element is converted into a light of a third wavelength through the second wavelength conversion material. Doing so would enable light-emitting devices emitting white light that simulate natural daylight.
The combination of Zhu et al. and Ye et al. fails to explicitly teach, wherein a reflectivity of the contact layer to the third wavelength is greater than 85%, the reflectivity of the contact layer to the third wavelength is greater than a reflectivity of the contact layer to the first wavelength, a reflectivity of the contact layer to the second wavelength is greater than the reflectivity of the contact layer to the first wavelength, and the reflectivity of the contact layer to the third wavelength is greater than the reflectivity of the contact layer to the second wavelength.
However, Zhu et al. teaches, wherein a reflectivity of the contact layer is greater than 70% (paragraph 0051), which overlaps the claimed range. Further, the material of the contact layer of Zhu et al. is Cr/Ag (see paragraph 0027, 0028), which is the same material disclosed by the Applicant for the contact layer (see paragraph 0052 of originally filed disclosure). Furthermore, the first, second and third wavelength ranges of Ye et al. (see page 4, lines 27-30 in English translation of Ye et al.) is similar to that disclosed by the Applicant in the instant application (see Claim 2 of originally filed disclosure). Hence, the combined device of Zhu et al. and Ye et al. has a similar structure/composition to that of the claimed invention and therefore would result in the above claimed property. According to MPEP § 2112.01 (I), “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). The burden is upon the Applicant to prove otherwise.
Regarding Claim 2, Ye et al. discloses the light-emitting device according to claim 1, wherein a band of the first wavelength is 450nm to 490nm, a band of the second wavelength is 500nm to 570nm, and a band of the third wavelength is 620nm to 650nm (page 4, lines 27-30 in English translation of Ye et al.).
While Ye et al. fails to explicitly disclose wherein a band of the first wavelength is 430nm to 470nm, a band of the second wavelength is 560nm to 600nm, and a band of the third wavelength is 620nm to 700nm, the disclosed wavelength ranges overlap the claimed ranges. According to MPEP § 2144.05 (I), “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding Claim 5, et al. teaches the light-emitting device according to claim 1, wherein a silver layer 151a is on the chromium layer 151f, and a thickness of the silver layer 151a is 100nm to 500nm (See Fig 2a: 151a, 151f, in paragraph 0026, 0027).
Note that the contact layer 151a may be made of silver (paragraph 0026). Further note that while Zhu et al. fails to explicitly disclose a thickness of the silver layer 151a is 50nm to 300nm, the disclosed range overlaps the claimed range. According to MPEP § 2144.05 (I), “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding Claim 6, Zhu et al. discloses the light-emitting device according to claim 1, wherein the light-emitting element further comprises a metal layer 140 disposed on the semiconductor stack layer 120, and the metal layer 140 comprises silver or aluminum (Fig. 1: 140, paragraph 0048).
Regarding Claim 7, Zhu et al. discloses the light-emitting device according to claim 1, wherein the light-emitting element further comprises a pad electrode 171, 172, the pad electrode 171, 172 comprises a first pad electrode 171 and a second pad electrode 172, the contact layer 151, 152 comprises a first contact layer 151 and a second contact layer 152, and the first contact layer 151 is in contact with the first semiconductor layer 121, the second contact layer 152 is in electrical contact with the second semiconductor layer 123, the first pad electrode 171 is in electrical contact with the first semiconductor layer 121 through the first contact layer 151, the second pad electrode 172 is in electrical contact with the second semiconductor layer 123 through the second contact layer 152 (Fig. 1: 171, 172, 151, 152, 121, 123, paragraph 0050, 0057).
Regarding Claim 8, Zhu et al. discloses the light-emitting device according to claim 7, wherein an area of the first contact layer 151 is greater than an area of the second contact layer 152 (see Fig. 1: 151, 152).
Regarding Claim 9, Zhu et al. discloses the light-emitting device according to claim 7, wherein the semiconductor stack layer 120 comprises a hole 1211, the hole 1211 exposes a portion of a surface of the first semiconductor layer 121, the second contact layer 152 and the hole 1211 do not overlap each other in a projection direction perpendicular to the semiconductor stack layer 120, and the second pad electrode 172 and the hole 1211 do not overlap each other in the projection direction perpendicular to the semiconductor stack layer 120 (Fig. 1: 1211, 152, 172, paragraph 0046, 0049).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (US 20230024651 A1), in view of Ye et al. (CN 104347783 A), as applied to Claim 1 above, further in view of Jung et al. (US 20160043296 A1).
Regarding Claim 10, the combination of Zhu et al. and Ye et al. fails to disclose the light-emitting device according to claim 1, further comprising a package holder, wherein the package holder comprises a base and a side plate, the base and the side plate form a cavity, and the light-emitting element is disposed in the cavity.
However, Jung et al. discloses a light-emitting device comprising a package holder 210, wherein the package holder 210 comprises a base 213, 214 and a side plate 211, 212, the base 213, 214 and the side plate 211, 212 form a cavity 240, and the light-emitting element 230 is disposed in the cavity 240 (Fig. 3: 210, 211, 212, 213, 214, 240, 230, paragraph 0055, 0056).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teachings of Zhu et al., Ye et al. and Jung et al. in order to have a package holder, wherein the package holder comprises a base and a side plate, the base and the side plate form a cavity, and the light-emitting element is disposed in the cavity. Doing so would enable pick-and-place assembly while improving alignment and thermal performance of the light-emitting device.
Regarding Claim 11, the combination of Zhu et al. and Ye et al. fails to disclose the light-emitting device according to claim 10, further comprising a reflective layer, wherein the reflective layer is located on the side plate.
However, Jung et al. discloses the light-emitting device further comprising a reflective layer, wherein the reflective layer is located on the side plate (Fig. 3: 211, 212, paragraph 0060).
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the teachings of Zhu et al., Ye et al. and Jung et al. in order to have a reflective layer, wherein the reflective layer is located on the side plate. By doing so, the package body may reflect light emitted from the light emitting device and extract the light to the outside, as recognized by Jung et al. (paragraph 00606).
Conclusion
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/HAMNA FATHIMA IQBAL/Examiner, Art Unit 2817 09/25/2026
/NICHOLAS J TOBERGTE/Primary Examiner, Art Unit 2817
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