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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1 ll. 44, it is indefinite as to whether “said surface” refers to the first or second surface. For purposes of examination the second interpretation will be used. Claims 2-20 to not clear up the deficiency of claim 1.
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.
Claims 1-9, 13, and 20 are rejected under 35 U.S.C. 102(1)(1) as being anticipated by Song et al. (US 2022/0085097) (“Song”).
With regard to claim 1, figs. 1 and 3 of Song discloses a light-emitting device 300, comprising: an epitaxial structure (“epitaxial”, par [0117]) having a first surface (bottom of 300, fig. 1) and a second surface (top of 300, fig. 1) that is opposite to the first surface (bottom of 300), and, along a first direction (bottom top top in fig. 1) from said first surface (bottom of 300) to said surface (top of 300), including: a first-type semiconductor layer (330, 310), an active layer 360, and a second-type semiconductor layer (340, 350, 320) including a capping layer 350 that includes at least N1 number 5 of sub-layers arranged in said first direction (bottom to top), where N1 (5) ≥ 2, and that has an Al content (“content of aluminum”, par [0101]) which increases (“content of aluminum (Al) in the AlGaInP semiconductor crystal increases”, par [010]) and then remains constant along said first direction (bottom to top, fig. 1), each of said sub-layers (351, 353, 355) containing a material represented by Aly1Ga1-y1InP, where 0 < y1 ≤ 1 (“first sub-semiconductor layer 351 may be Al.sub.0.7Ga.sub.0.3InP, the second sub-semiconductor layer 353 may be Al.sub.0.5Ga.sub.0.5InP, and the third sub-semiconductor layer 355 may be Al.sub.0.3Ga.sub.0.7InP”, par [0100]).
With regard to claim 2, figs. 1 and 3 of Song discloses that the Al content increases either gradually or stepwise (“content of aluminum (Al) in the AlGaInP semiconductor crystal increases”, par [010]) along said first direction (bottom to top in fig. 1).
With regard to claim 3, figs. 1 and 3 of Song discloses that Aly1Ga1-y1InP, 0.2 < y1 ≤ 1 (“first sub-semiconductor layer 351 may be Al.sub.0.7Ga.sub.0.3InP, the second sub-semiconductor layer 353 may be Al.sub.0.5Ga.sub.0.5InP, and the third sub-semiconductor layer 355 may be Al.sub.0.3Ga.sub.0.7InP”, par [0100]).
With regard to claim 4, figs. 1 and 3 of Song discloses that a last sub-layer 320 of said sub-layers (320, 350) of said capping layer (320, 350) in said first direction contains AlInP (“In.sub.xAl.sub.yGa.sub.1-x-yP (0≤x≤1, 0≤y≤1, and 0≤x+y≤1)”, par [0068]; x=1, y=1).
With regard to claim 5, figs. 1 and 3 of Song discloses said second-type semiconductor layer (320, 350, 340) further includes a spacer layer 340 located between said active layer 360 and said capping layer 350, said spacer layer containing a material represented by Alx1Ga1-x1InP, where 0.2 ≤ x1 < 1 (“In.sub.xAl.sub.yGa.sub.1-x-yP (0≤x≤1, 0≤y≤1, and 0≤x+y≤1)”, par [0075]).
With regard to claim 6, figs. 1 and 3 of Song discloses in said second-type semiconductor layer (320, 350, 340), 0.2 ≤ x1 < y1 ≤ 1 (x1=.2, y1=.7).
With regard to claim 7, figs. 1 and 4 of Song discloses said spacer layer (357, 359, 340) includes at least M1 number of sub-layers, where M1 (3) ≥ 2.
With regard to claim 8, figs. 1 and 4 of Song discloses that the spacer layer (357, 359, 340) has an Al content which increases gradually (“fourth sub-semiconductor layer 357 may be Al.sub.0.3Ga.sub.0.7InP, and the fifth sub-semiconductor layer 359 may be Al.sub.0.1Ga.sub.0.9InP” par [0106]; “In.sub.xAl.sub.yGa.sub.1-x-yP”, par [0075]), with x=.05 and y=.95) along said first direction (bottom to top, fig. 1).
With regard to claim 9, figs. 1 and 4 of Song discloses that the Al content of said spacer layer increases either gradually or stepwise (“fourth sub-semiconductor layer 357 may be Al.sub.0.3Ga.sub.0.7InP, and the fifth sub-semiconductor layer 359 may be Al.sub.0.1Ga.sub.0.9InP” par [0106]; “In.sub.xAl.sub.yGa.sub.1-x-yP”, par [0075]), with x=.05 and y=.95) along said first direction (bottom to top, fig. 1).
With regard to claim 13, figs. 1 and 4 of Song discloses that said first-type semiconductor layer (330, 310) includes a spacer layer 330 and a capping layer 310 disposed along a second direction (top to bottom in fig. 1) from said second surface (top of 300, fig. 1) to said first surface (bottom of 300, fig. 1).
With regard to claim 20, figs. 1 and 4 of Song discloses a light-emitting apparatus (“display device”, par [0008]) comprising the light-emitting device (“light emitting diode”, par [0008]).
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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2022/0085097) (“Song”) in view of Tu et al. (US 6,720,571) (“Tu”).
With regard to claim 10, figs. 1 and 4 of Song discloses that said spacer layer has a doping concentration that is lower than 1E17/cm3, and has a thickness less than 300 nm.
However, fig. 8 of Tu discloses that said spacer layer 76 has a doping concentration that is lower than 1E17/cm3 (“5.times.10.sup.16 /c.c.”, col. 4ll. 46-47), and has a thickness less than 300 nm (“0.05 and 0.1 .mu.m”, col. 4 ll. 47-48).
Therefore, it would have been obvious to one of ordinary skill in the art to form the fourth semiconductor of Song with doping concentration as taught in Tu in order to provide a quantum well light emitting diode device with ESD endurance. See col. 1 ll. 7-10 of Tu.
With regard to claim 11, fig. 1 of Song discloses said capping layer 350 is doped with a p-type dopant (“p-type”, par [0076]).
Song does not disclose a doping concentration ranging from 2E17/cm3 to 5E18/cm3.
However, fig. 8 of Tu discloses doping concentration ranging from 2E17/cm3 to 5E18/cm3 (“3.times.10.sup.18 /c.c”, col. 5 ll. 24).
Therefore, it would have been obvious to one of ordinary skill in the art to form the fourth semiconductor of Song with doping concentration as taught in Tu in order to provide a quantum well light emitting diode device with ESD endurance. See col. 1 ll. 7-10 of Tu.
With regard to claim 12, Song does not disclose that said capping layer is doped with an n-type dopant with a doping concentration ranging from 2E17/cm3 to 5E18/cm3.
However, fig. 8 of Tu discloses that said capping layer 78 is doped with an n-type (n-type AlGaInP”, col. 5 ll. 21-22) dopant with a doping concentration ranging from 2E17/cm3 to 5E18/cm3 (“3.times.10.sup.18 /c.c. “, col. 5 ll. 24).
Therefore, it would have been obvious to one of ordinary skill in the art to form the fourth semiconductor of Song with doping concentration as taught in Tu in order to provide a quantum well light emitting diode device with ESD endurance. See col. 1 ll. 7-10 of Tu.
Allowable Subject Matter
Claims 14-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN T LIU whose telephone number is (571)272-6009. The examiner can normally be reached Monday-Friday 11:00am-7:30pm.
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/BENJAMIN TZU-HUNG LIU/Primary Examiner, Art Unit 2893