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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-5, 8-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Wakai (US 2010/0072501 A1) in view of Tanaka (US 2005/0179130 A1).
Regarding claim 1, Wakai teaches a manufacturing method of an optical member (Figs. 1-17), the manufacturing method comprising:
preparing (in view of Tanaka, Wakai’s method is a preparation step) an optical member intermediate (51) having light transmissivity (¶ [0080]: 51 made of GaN, which is used as a light transmissive material; Figs. 5A-5C, ¶ [0108] show light transmitting through 51), the optical member intermediate including an upper surface (top surface of 51, see Figs. 1 & 2) including a peripheral portion (10S, see Examiner Fig. 1) and a plurality of recessed portions (90) each surrounded by the peripheral portion and recessed from the peripheral portion, the peripheral portion including a plurality of first regions (F) and a plurality of second regions (S) each sandwiched between adjacent ones of the first regions, each of the first regions being defined by a circle (Examiner Fig. 1 shows F as a circle) surrounded by three or more of the recessed portions (Examiner Fig. 1 shows each F is surrounded by three or more 90) and passing through a point (Pa or Pe or Pf) on an outer edge (Pf is on the outer edge of 90f; Pe is on the outer edge of 90e; Pa is on the outer edge of 90a) of each of the three or more of the recess portions in a top view (Examiner Fig. 1 is a top view of the top surface of 51).
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Examiner Fig. 1. Taken from Wakai Fig. 4.
However, Wakai does not teach the method to be comprised of irradiating the upper surface of the optical member intermediate with plasma under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate.
Tanaka, in the same field of invention, teaches a manufacturing method of an optical member (10, sapphire used as a light transmissive material, see ¶ [0104]), the manufacturing method comprising of irradiating (¶ [0100]: reactive ion etching) the upper surface of the optical member intermediate with plasma (ion) under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 (see ¶ [0100]) to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate (Figs. 4A & 5A and ¶ [0046], ¶ [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Wakai, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Tanaka into the method of Wakai to irradiate the upper surface of the optical member intermediate with plasma with either an oxygen radical, CF4, CHF3, or SF6 to make the height of a center of each of the first regions to be higher than a heigh of the second regions as measured from a lower surface of the optical member intermediate. The ordinary artisan would have been motivated to modify Wakai in the manner set forth above for at least the purpose of making manufacturing easier and smoothing and reducing pits in crystalline structure of the transmissive layer (Tanaka ¶ [0114]) and/or suppressing the occurrence of abnormal crystal growth (Tanaka ¶ [0116]), which results in improved yield and high output power (Tanaka ¶ [0008], [0041], [0116], [0186]), with the ordinary skilled artisan noting that both Wakai and Tanaka teaches the use of transmissive crystalline materials (Tanaka ¶ [0033]-[0035]: both GaN and sapphire have crystalline structures ).
Regarding claim 2, the manufacturing method of an optical member according to claim 1, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a circular shape in the top view (Examiner Fig. 1 shows each 90 having a circular shape).
Regarding claim 4, the manufacturing method of an optical member according to claim 1, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that the center (center of each 90, see Examiner Fig. 1) of each of the recessed portions is disposed at a respective one of lattice points of a triangular lattice in the top view (Examiner Fig. 1 shows one recessed portion 90a is surrounded by six recessed portions 90b-90g via the surrounding peripheral portion 10S; this aligns with the definition of triangular lattice in ¶ [0031] of the instant application).
Regarding claim 5, the manufacturing method of an optical member according to claim 1, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that the center (center of each 90, see Examiner Fig. 1) of each of the recessed portions is disposed at a respective one of lattice points of a quadrangular lattice in the top view (Examiner Fig. 2 shows the center 90a surrounded by eight other 90; see definition of quadrangular lattice in ¶ [0051] of the instant application).
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Examiner Fig. 2. Taken from Wakai Fig. 13.
Regarding claim 8, the manufacturing method of an optical member according to claim 1, wherein
an opening diameter of each of the recessed portion is increased (Tanaka Figs. 4A & 5A and ¶ [0046], [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Wakai, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1) ) by the irradiating of the upper surface of the optical member intermediate with the plasma (Tanaka ¶ [0100]: reactive ion etching).
Regarding claim 9, the manufacturing method of an optical member according to claim 2, wherein
each of the recessed portion has a circular shape (see Tanaka Figs. 4A, 12, 15, 16A, 19A) in the top view after the irradiating of the upper surface of the optical member intermediate with the plasma.
Regarding claim 10, the manufacturing method of an optical member according to claim 2, wherein
each of the recessed portion has a polygonal shape (triangular, see Tanaka Fig. 13; alternatively, hexagonal, see Fig. 11 and ¶ [0111]) in the top view after the irradiating of the upper surface of the optical member intermediate with the plasma.
Regarding claim 12, Wakai teaches a manufacturing method of a light-emitting device, the manufacturing method comprising:
preparing (in view of Tanaka, Wakai’s method is a preparation step) a light-emitting device intermediate including
a light-emitting element (52 & 53), and
an optical member intermediate (51) including an upper surface (top surface of 51, see Figs. 1 & 2) and a plurality of recessed portions (90, see Examiner Fig. 1 in claim 1 rejection above) formed in the upper surface and spaced apart from each other, the upper surface including a plurality of first regions (F) and a plurality of second regions (S) each sandwiched between adjacent ones of the first regions, each of the first regions being defined by a circle (Examiner Fig. 1 shows each F to be a circle surrounded by at least three 90) surrounded by three or more of the recessed portions and passing through a point (Pf or Pe or Pa) on an outer edge of each of the three or more of the recess portions in a top view (Pf is on the outer edge of 90f; Pe is on the outer edge of 90e; Pa is on the outer edge of 90a).
However, Wakai does not teach the method to be comprised of irradiating the upper surface of the optical member intermediate with plasma under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate.
Tanaka, in the same field of invention, teaches a manufacturing method of an optical member (10, sapphire used as a light transmissive material, see ¶ 0104), the manufacturing method comprising of irradiating (¶ [0100]: reactive ion etching) the upper surface of the optical member intermediate with plasma (ion) under an atmosphere containing at least one selected from the group consisting of an oxygen radical, CF4, CHF3, and SF6 (see ¶ [0100]) to make a height of a center of each of the first regions to be higher than a height of each of the second regions as measured from a lower surface of the optical member intermediate (Figs. 4A & 5A and ¶ [0046], [0113]: the inclination of θ2 is smaller than θ1; hence the tip of 23, with 23 being analogous to the first region of Wakai, is higher than the height of each second region, which is the slope 22; alternatively, see also Fig. 15 and ¶ [0116]: the inclination of θ2 is smaller than θ1).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Tanaka into the method of Wakai to irradiate the upper surface of the optical member intermediate with plasma with either an oxygen radical, CF4, CHF3, or SF6 to make the height of a center of each of the first regions to be higher than a heigh of the second regions as measured from a lower surface of the optical member intermediate. The ordinary artisan would have been motivated to modify Wakai in the manner set forth above for at least the purpose of making manufacturing easier and smoothing and reducing pits in crystalline structure of the transmissive layer (Tanaka ¶ [0114]) and/or suppressing the occurrence of abnormal crystal growth (Tanaka ¶ [0116]), which results in improved yield and high output power (Tanaka ¶ [0008], [0041], [0116], [0186]), with the ordinary skilled artisan noting that both Wakai and Tanaka teaches the use of transmissive crystalline materials (Tanaka ¶ [0033]-[0035]: both GaN and sapphire have crystalline structures ).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wakai (US 2010/0072501 A1) in view of Tanaka (US 2005/0179130 A1) as applied to claim 1 above, and further in view of Emura (US 2022/0173283 A1).
Regarding claim 3, Wakai et al. teaches the manufacturing method of an optical member according to claim 1, wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a circular shape in the top view (Examiner Fig. 1 shows each 90 having a circular shape) or polygonal shape (¶ [0031]: polygon).
However, Wakai et al. do not teach the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions has a quadrangular shape in the top view.
Emura, in the same field of invention, teaches, an optical member intermediate (120, see Fig. 8) having recessed portions (124) that has either a circular shape or a quadrangular shape (¶ [0097]).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Emura into the method of Wakai et al to change the shape of the recessed portions from a circular shape to a quadrangular shape. The ordinary artisan would have been motivated to modify Wakai et al in the manner set forth above for at least the purpose of substituting equivalent shapes of recessed portions of light-guide members (Emura ¶ [0097]).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wakai (US 2010/0072501 A1) in view of Tanaka (US 2005/0179130 A1) as applied to claim 1 above, and further in view of Wang (US 2022/0278165 A1).
Regarding claim 6, Wakai et al. teach the manufacturing method of an optical member according to claim 1 and further teach wherein the preparing of the optical member intermediate includes preparing the optical member intermediate so that each of the recessed portions have an opening diameter (see the diameter of each 90 in Examiner Fig. 1). However, Wakai et al does not teach the opening diameter of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view.
Wang, in the same field of invention, teaches a method wherein the opening diameter (diameter of 106, see Fig. 1b) of each of the recessed portions is in a range from 0.2 µm to 50 µm in the top view (¶ [0029]).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Wang into the method of Wakai et al to make the diameter of the opening of each of the recessed portion be in a range of 0.2 µm to 50 µm when seeing the device in the top view. The ordinary artisan would have been motivated to modify Wakai et all in the manner set forth above for at least the purpose of optimizing the range of the diameter of the opening of each recess to suite the dimensional requirements of the over-all device (Wang ¶ [0029]). See also MPEP § 2144.05 (I).
Regarding claim 7, the manufacturing method of an optical member according to claim 6, wherein
the preparing of the optical member intermediate includes preparing the optical member intermediate so that a distance between adjacent ones of the recessed portions is in a range from 101% to 150% of the opening diameter of each of the recessed portions (Examiner Fig. 1 shows the distance between the centers of each adjacent 90 is 101% to 150% larger than the opening of the diameter of each 90).
Allowable Subject Matter
Claim 11 is 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.
Regarding claim 11, Wakai et al teaches the manufacturing method of a light-emitting device, the manufacturing method comprising:
manufacturing an optical member by the manufacturing method of an optical member according to claim 1 (see claim 1 rejection above).
Wakai et al. further teach the method wherein a light emitting element (52 & 53) is provided.
However, no prior art anticipates or renders obvious a method comprising: bonding the optical member and a light emitting element together.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YAP whose telephone number is (703)756-1946. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET.
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/DOUGLAS YAP/Assistant Examiner, Art Unit 2899
/JOHN M PARKER/Examiner, Art Unit 2899