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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/2/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-7, 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al (US 2017/0338621; hereinafter Li).
Regarding claim 1, Figs 1 and 6 of Li discloses a light emitting diode comprising:
a substrate (112; Fig 6; ¶ [0036]);
a first intermediary layer (115; Fig 6; ¶ [0040]) located on the substrate (112; Fig 6; ¶ [0036]); and
a two-dimensional material structure (118; Fig 6; ¶ [0044]) located on the first intermediary layer (115; Fig 6; ¶ [0040]), the two-dimensional material structure (118; Fig 6; ¶ [0044]) being formed by stacking a plurality of two-dimensional material layers (¶ [0043]), and a number of the two-dimensional material layers (118; Fig 6; ¶ [0044]) being not less than 2 (¶ [0043]);
wherein light with a specific wavelength is emitted by the two-dimensional material structure (¶ [0044]).
Regarding claim 2, Figs 1 and 6 of Li discloses a second intermediary (124; Fig 6; ¶ [0044]) located on the two-dimensional material structure (115; Fig 6; ¶ [0040]).
Regarding claim 3, Figs 1 and 6 of Li discloses at least one combined structure (116/118; Fig 6) located between the two-dimensional material structure (118; Fig 6; ¶ [0044]) and the second intermediary layer, each of the at least one combined structure comprising:
an additional intermediary layer (116 (second); Fig 6; ¶ [0043]); and
an additional two-dimensional material structure (118 (Second); Fig 6; ¶ [0044]) formed on the additional intermediary layer (116 (second); Fig 6; ¶ [0043]), the additional two-dimensional material structure being formed by stacking a plurality of additional two-dimensional material layers (118 (Second); Fig 6; ¶ [0044]) and a number of the additional two-dimensional material layers being not less than the number of the two-dimensional material layers (Fig 6);
wherein the additional two-dimensional material structure emits light with an additional specific wavelength and the additional specific wavelength is not less than the specific wavelength (¶ [0044]).
Regarding claim 4, Figs 1 and 6 of Li discloses wherein when the at least one combined structure (116/118; Fig 6) comprises a plurality of combined structures (116/118; Fig 6), the number of the additional two-dimensional material layers (118 ; Fig 6; ¶ [0043]) of the additional two-dimensional material structure of any one target combined structure of the at least one combined structure is not greater than the number of the additional two-dimensional material layers of the additional two-dimensional material structure of an adjacent combined structure stacked on the target combined structure (Fig 6).
Regarding claim 5, Figs 1 and 6 of Li discloses the number of the additional two-dimensional material layers is not more than 50 (¶ [0043]; e.g. 40).
Regarding claim 6, Figs 1 and 6 of Li discloses the two-dimensional material layers (118; Fig 6; ¶ [0043]) and the additional two-dimensional material layers (118; Fig 6; ¶ [0043]) are composed of a same two-dimensional material. (¶ [0043])
Regarding claim 7, Figs 1 and 6 of Li discloses a material of each of the two-dimensional material layers is selected from the group consisting of molybdenum disulfide, tungsten disulfide, molybdenum diselenide and tungsten diselenide. (¶ [0043])
Regarding claim 10, Figs 1 and 6 of Li discloses a buffer layer (114; Fig 6; ¶ [0039]) located between the substrate and the first intermediary layer, the buffer layer being composed of a single layer of two-dimensional material (114; Fig 6; ¶ [0039]).
Regarding claim 11, Figs 1 and 6 of Li discloses the specific wavelength is between 670 nm and 1630 nm (¶ [0042]).
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) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2017/0338621; hereinafter Li) and further in view of Klimov et al (US 2017/0218264; hereinafter Klimov).
Regarding claim 8, Figs 1 and 6 of Li discloses the first intermediary layer (115; Fig 6; ¶ [0040]) and the second intermediary layer are composed of silicon oxide (¶ [0044]).
However Li does not expressly disclose the first intermediary layer and the second intermediary layer are composed of indium gallium nitride or aluminum indium gallium nitride.
In the same field of endeavor, Klimov discloses a dielectric layer can comprise silicon oxide or indium gallium nitride or aluminum indium gallium nitride. (¶ [0076])
Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that the first intermediary layer and the second intermediary layer are composed of indium gallium nitride or aluminum indium gallium nitride or silicon oxide for the purpose of substituting art recognized equivalents known to be used for the same purpose (MPEP 2144.06).
Regarding claim 9, Fig 6 of Li discloses the substrate (112; Fig 6; ¶ [0036]) comprises Ge or Si or GaAs (¶ [0036]).
However Li does not expressly disclose the substrate is made of gallium nitride material or sapphire material.
In the same field of endeavor, Klimov discloses a substrate can comprise GaAs or GaN (¶ [0076]).
Accordingly it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention such that the substrate comprises gallium nitride or gallium arsenide for the purpose of substituting art recognized equivalents known to be used for the same purpose (MPEP 2144.06).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shin (US 20230413580; The prior art discloses a two-dimensional material structure formed on an intermediary layer)
Seol el al (US 2023/0112883; The prior prior art discloses a two-dimensional material structure formed on an intermediary layer)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RATISHA MEHTA whose telephone number is (571)270-7473. The examiner can normally be reached Monday-Friday: 9:00am - 5:00 pm.
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/RATISHA MEHTA/ Primary Examiner, Art Unit 2817
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