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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 102
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 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, 2, 4, 6, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakong et al. (US 20210005794 A1; hereinafter “Sakong”).
In re claim 1, Sakong discloses in fig. 4, a light emitting diode LED1, comprising:
a semiconductor epitaxial stacked layer 130 at least comprising a first conductive type semiconductor layer 131, an active layer 132, and a second conductive type semiconductor layer 133 stacked in sequence (¶28) (in an upside-down view, layers 131, 132 and 133 are stacked in sequence),
wherein the semiconductor epitaxial stacked layer is formed with a first mesa (M, E), and the first mesa (M, E) exposes the first conductive type semiconductor layer 131 (¶51; “in order to expose at least a portion of the first conductive semiconductor layer 131, a partial region E of the semiconductor laminate 130 may be etched to form a mesa region M” as shown in the method step referring to fig. 9.);
a first contact electrode 150N located on the first mesa (M, E) and electrically connected to the first conductive type semiconductor layer 131 (¶32; “The first and second electrodes 150N and 150P may be in a mesa-etched region of the first conductive semiconductor layer 131 and the second conductive semiconductor layer 133, respectively”);
a second contact electrode 150P located on the second conductive type semiconductor layer 133 and electrically connected to the second conductive type semiconductor layer 133 (¶32); and
a first wiring electrode 170N and a second wiring electrode 170P located on the first contact electrode 150N and the second contact electrode 150P (¶33),
wherein horizontal projections of the first wiring electrode 170N and the second wiring electrode 170P on the semiconductor epitaxial stacked layer 130 fall within horizontal projections of the first contact electrode 150N and the second contact electrode 150P on the semiconductor epitaxial stacked layer 130 (as shown in fig. 4; both the first contact electrode 150N and the second contact electrode 150P are wider than the first wiring electrode 170N and the second wiring electrode 170P. Therefore, the horizontal projections of the first wiring electrode 170N and the second wiring electrode 170P on the semiconductor epitaxial stacked layer 130 (as shown in fig. 4; both the first contact electrode 150N and the second contact electrode 150P are wider than the first wiring electrode 170N and the second wiring electrode 170P would fall within horizontal projections of the first contact electrode 150N and the second contact electrode 150P on the semiconductor epitaxial stacked layer 130).
In re claim 2, Sakong discloses in fig. 4, the light emitting diode according to claim 1, wherein areas of the horizontal projections of the first wiring electrode 170N and the second wiring electrode 170P on the semiconductor epitaxial stacked layer 130 are less than areas of the horizontal projections of the first contact electrode 150N and the second contact electrode 150P on the semiconductor epitaxial stacked layer 130 (as shown in fig. 4; both the first contact electrode 150N and the second contact electrode 150P are wider than the first wiring electrode 170N and the second wiring electrode 170P. Therefore, areas of the horizontal projections of the first wiring electrode 170N and the second wiring electrode 170P on the semiconductor epitaxial stacked layer 130 are less than areas of the horizontal projections of the first contact electrode 150N and the second contact electrode 150P on the semiconductor epitaxial stacked layer 130).
In re claim 4, Sakong discloses in fig. 4, the light emitting diode according to claim 1, further comprising:
an insulating layer 180 having a first opening and a second opening (a first opening and a second opening of the molding layer 180 into which the first and second electrode pads 170N and 170P are disposed; ¶34-35),
wherein the first wiring electrode 170N and the second wiring electrode 170P are electrically connected to the first contact electrode 150N and the second contact electrode 150P through the first opening and the second opening (¶35, 55).
In re claim 6, Sakong discloses in fig. 4, the light emitting diode according to claim 1, wherein the first contact electrode 150N and the second contact electrode 150P comprise Au, Ge, Ni, Zn, Be, an alloy of any combination thereof, or a stacked layer of any combination thereof (¶32).
In re claim 14, Sakong discloses in fig. 4, the light emitting diode according to claim 1, wherein the light emitting diode LED1 radiates light with a wavelength of 550 nm to 950 nm (¶23; “For example, the first to third subpixels SP1, SP2, and SP3 may be subpixels emitting light having red (R), green (G), and blue (B) colors, respectively”. Therefore, the light emitting diode LED1 radiates red light, which has a wavelength of 620 to 750nm, which falls within the claimed range).
In re claim 15, Sakong discloses in fig. 4, a light emitting device 1 (e.g., a display panel; fig. 1; ¶17-18) comprising the light emitting diode LED1 according to claim 1.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong as applied to claim 1 above.
In re claim 3, Sakong discloses the light emitting diode according to claim 1.
Sakong discloses in fig. 4, wherein areas of the horizontal projections of the first wiring electrode 170N and the second wiring electrode 170P on the semiconductor epitaxial stacked layer 130 are less than 100% of areas of the horizontal projections of the first contact electrode 150N and the second contact electrode 150P on the semiconductor epitaxial stacked layer 130.
Sakong does not disclose that the horizontal projections of the of the first and second wiring electrodes is 50% to 99% of areas of the horizontal projections of the first contact electrode and the second contact electrode on the semiconductor epitaxial stacked layer. However, this would be a routine optimization by one of ordinary skill in the art to optimize the area occupied by the wiring electrodes 170N, 170P of Sakong with respect to the first and second contact electrodes 150N, 150P in order to optimize both the contact resistance of the contact electrodes and having a secured joint for the wiring electrodes with the bonding layer.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See MPEP 2144.05 II. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955); see also Peterson, 315 F.3d at 1330, 65 USPQ2d at 1382; In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969). For more recent cases applying this principle, see Merck & Co. Inc. v. Biocraft Lab. Inc., 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir.), cert. denied, 493 U.S. 975 (1989); In re Kulling, 897 F.2d 1147, 14 USPQ2d 1056 (Fed. Cir. 1990); and In re Geisler, 116 F.3d 1465, 43 USPQ2d 1362 (Fed. Cir. 1997); Smith v. Nichols, 88 U.S. 112, 118-19 (1874); In re Williams, 36 F.2d 436, 438 (CCPA 1929). See also KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 416 (2007).
Claim(s) 5, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong as applied to claim 1 above, and further in view of Niwa et al. (US 20210135058 A1; hereinafter “Niwa”).
In re claim 5, Sakong discloses the light emitting diode according to claim 1, wherein the first wiring electrode 170N and the second wiring electrode 170P formed of a conductive material such as a metal (¶27).
Sakong does not expressly disclose wherein the first wiring electrode and the second wiring electrode comprise Ti, Al, Pt, Au, Ni, Sn, In, an alloy of any combination thereof, or a stacked layer of any combination thereof.
In the same field of endeavor, Niwa discloses in fig. 1, a light emitting diode, wherein the first wiring electrode 38n and the second wiring electrode 38p comprise Ti, Al, Pt, Au, Ni, Sn, In, an alloy of any combination thereof, or a stacked layer of any combination thereof (¶62; “For example, the pad electrodes 38p, 38n are comprised of a Ni/Au, Ti/Au, or Ti/Pt/Au stack structure.”).
It 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 to employ the teachings of Niwa into the first wiring electrode and the second wiring electrode of Sakong and form the wiring electrodes from Ni/Au to provide resistance to corrosion (¶62 of Niwa).
In re claim 8, Sakong discloses the light emitting diode according to claim 1.
Sakong does not expressly disclose wherein thicknesses of the first contact electrode and the second contact electrode are 0.5 μm to 3 μm.
In the same field of endeavor, Niwa discloses in fig. 1, a light emitting diode, wherein a thickness of the first contact electrode 34 is 101 nm-1010 nm (¶57) and a thickness of the second contact electrode is 100 nm or larger (¶53). Therefore, Niwa discloses thicknesses of the first and second contact electrodes which overlap the claimed range of 0.5 μm to 3 μm.
It 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 to employ the teachings of Niwa into the first and second contact electrodes of Sakong to make contact electrodes which function as a highly efficient reflection electrode (¶54, 59 of Niwa).
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). “[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP § 2144.05, Obviousness of Ranges
Referring to MPEP § 2144.05, “…the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results over the prior art range.” (See also MPEP § 716.02 for a discussion of criticality and unexpected results.)
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong as applied to claim 1 above, and further in view of Jeon et al. (US 20140291714 A1; hereinafter “Jeon”).
In re claim 7, Sakong discloses the light emitting diode according to claim 1 outlined above.
Sakong does not expressly disclose wherein thicknesses of the first wiring electrode and the second wiring electrode are 1 μm to 5 μm.
In the same field of endeavor, Jeon discloses in figs. 27-29, a light emitting diode, wherein thicknesses of the first wiring electrode 80a and the second wiring electrode 92 are 1.8 μm, 2.4 μm (¶153), which reads on the claimed range of 1 μm to 5 μm.
It 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 to employ the teachings of Jeon and form the first and second wiring electrodes of Sakong having the claimed thicknesses for secure joint with the bonding layer (¶153 of Jeon).
Claim(s) 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong as applied to claim 1 above, and further in view of Daikoku et al. (US 20160240757 A1; hereinafter “Daikoku”).
In re claim 9, Sakong discloses the light emitting diode of claim 1 outlined above.
Sakong discloses the light emitting diode further comprising:
a first electrode extension strip and a second electrode extension strip located on the semiconductor epitaxial stacked layer,
wherein the first electrode extension strip and the second electrode extension strip are connected to the first contact electrode and the second contact electrode.
In the same field of endeavor, Daikoku discloses in figs. 1A, 6, a light emitting diode, comprising:
a first electrode extension strip 14b and a second electrode extension strip 13b located on the semiconductor epitaxial stacked layer 12 (¶42, 46),
wherein the first electrode extension strip 14b and the second electrode extension 13b are connected to the first contact electrode 14a and the second contact electrode 13a (¶42, 46).
It 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 to employ the teachings of Daikoku into the electrode shape of Sakong.
One would have been motivated to do as Daikoku teaches the external connecting portions 14a, 13a are an area serves to connect to the outside of the light emitting element, and the extending portions 14b, 13b serves to efficiently diffuse electric current, which is supplied via the external connecting portion 14a, 13a to the n-type semiconductor layer 12n and the p-type semiconductor layer 12p (¶41, 47).
In re claim 11, Sakong, as modified by Daikoku, discloses the light emitting diode according to claim 9.
Daikoku further discloses in figs. 1A, 6, the light emitting diode according to claim 9, wherein ends of the first electrode extension strip 14b and the second electrode extension strip 13b are designed to be smooth arc shapes (¶40, 47; “the extending portion 13b that extends from the external connecting portion 13a and arranged so as to surround the n-side pad electrode 14 in the plan view.”; “As illustrated in FIGS. 1A and 1B, the n-side pad electrode 14 has an arc shape in the plan view”).
It 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 to employ the teachings of Daikoku into the electrode shape of Sakong to efficiently diffuse electric current from the which is supplied via the external connecting portion 14a, 13a to the n-type semiconductor layer 12n and the p-type semiconductor layer 12p (¶41, 47).
Claim(s) 9, 10, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakong as applied to claim 1 above, and further in view of Wang et al. (US 20210296536 A1; hereinafter “Wang”) and Shi et al. (US 20230052304 A1; hereinafter “Shi”).
In re claim 9, Sakong discloses the light emitting diode of claim 1 outlined above.
Sakong discloses the light emitting diode further comprising:
a first electrode extension strip and a second electrode extension strip located on the semiconductor epitaxial stacked layer,
wherein the first electrode extension strip and the second electrode extension strip are connected to the first contact electrode and the second contact electrode.
In the same field of endeavor, Wang discloses a light emitting diode 40 (figs. 4A-4B), comprising:
a first electrode extension strip 405a-2 and a second electrode extension strip 405b-2 located on the semiconductor epitaxial stacked layer 403 (¶22),
wherein the first electrode extension strip 405a-2 and the second electrode extension strip 405b-2 are connected to a first contact electrode 405a-1 and the second contact electrode 405b-1.
It 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 to employ the teachings of Wang into the electrode shape of Sakong to improve current spreading (¶42 of Shi).
In re claim 10, Sakong, as modified by Wang and Shi, discloses the light emitting diode according to claim 9.
Sakong does not expressly disclose wherein the first electrode extension strip and the second electrode extension strip are linearly distributed on the semiconductor epitaxial stacked layer, and horizontal projections of the first electrode extension strip and the second electrode extension strip on the semiconductor epitaxial stacked layer are not overlapped with the horizontal projections of the first wiring electrode and the second wiring electrode on the semiconductor epitaxial stacked layer.
Wang further discloses in figs. 4A-4B, wherein the first electrode extension strip 405a-2 and the second electrode extension strip 405b-2 are linearly distributed on the semiconductor epitaxial stacked layer 403, and
horizontal projections of the first electrode extension strip 405a-2 and the second electrode extension strip 405b-2 on the semiconductor epitaxial stacked layer are not overlapped with the horizontal projections of the first wiring electrode 408 and the second wiring electrode 409 on the semiconductor epitaxial stacked layer 403.
It 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 to employ the teachings of Wang into the light emitting device of Sakong/Shi to improve current spreading (¶42 of Shi). Furthermore, forming the wiring electrode pads outside the operating region, increases the operating region window above the epitaxial semiconductor layer stack and substantially control the current density in the light-emitting stack by designing and adjusting an area of a transparent electrode above the stack (¶22, 26 of Wang).
In re claim 12, Sakong, as modified by Wang and Shi, discloses the light emitting diode according to claim 9.
Sakong does not expressly disclose wherein the second conductive type semiconductor layer comprises an ohmic contact layer, and the ohmic contact layer is located below the second electrode extension strip and has a patterned structure.
In the same field of endeavor, Wang further discloses the light emitting diode 40 (figs. 4A-4B), wherein the second conductive type semiconductor layer comprises an ohmic contact layer 404 and the ohmic contact layer 404 is located below a second electrode extension strip 405b-2 and has a patterned structure (¶21-22).
It 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 to employ the teachings of Wang into the light emitting device of Sakong/Shi to form a low-resistance interface, such as an ohmic contact interface (¶25 of Wang).
In re claim 13, Sakong, as modified by Wang and Shi, discloses the light emitting diode according to claim 12.
Wang further discloses in figs. 4A-4B, wherein a horizontal projection of a second wiring electrode 409 is not overlapped with a horizontal projection of the ohmic contact layer 404.
It 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 to employ the teachings of Wang into the light emitting device of Sakong/Shi and form the wiring electrode pads outside the operating region. This increases the operating region window above the epitaxial semiconductor layer stack and substantially controlling the current density in the light-emitting stack by designing and adjusting an area of a transparent electrode above the stack (¶22, 26 of Wang).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NILUFA RAHIM whose telephone number is (571)272-8926. The examiner can normally be reached M-F 9am-5:30pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yara J. Green can be reached at (571) 270-3035. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NILUFA RAHIM/Primary Examiner, Art Unit 2893