Prosecution Insights
Last updated: July 17, 2026
Application No. 18/533,729

SEMICONDUCTOR LIGHT-EMITTING ELEMENT AND METHOD OF MANUFACTURING SEMICONDUCTOR LIGHT-EMITTING ELEMENT

Non-Final OA §103§112
Filed
Dec 08, 2023
Priority
Dec 08, 2022 — JP 2022-196624
Examiner
PALANISWAMY, KRISHNA JAYANTHI
Art Unit
2899
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nikkiso Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
14 granted / 19 resolved
+5.7% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
20 currently pending
Career history
47
Total Applications
across all art units

Statute-Specific Performance

§103
90.9%
+50.9% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
6.1%
-33.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§103 §112
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 12/08/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Election/Restrictions Applicant’s election with traverse of Group I, and Claims 1-12 in the reply filed on 04/09/2026 is acknowledged. Claims 13 - 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant's election with traverse of Group I in the reply filed on 04/09/2026 is acknowledged. The traversal is on the ground that there is no undue search burden. This is not found persuasive because Group I is related to a semiconductor device and Group II is related to method of making a semiconductor device. The requirement is still deemed proper and is therefore made FINAL. Claim Objections Claims 1, 4, and 9 – 12 are objected to because of the following informalities: Claims 1, 4, and 9 – 12 recites ”10 times or more a thickness”; this should be written as “10 times or more than a thickness”. Appropriate correction is required. 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. Claim 1 is 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. Claim 1 recites “wherein a width of the first inclined portion in a direction in which the edge of the contact electrode extends and a predetermined direction orthogonal to a thickness direction of the contact electrode is 10 times or more a thickness of a portion of the contact electrode that is different from the first inclined portion.” It is unclear whether the width of the first inclined portion is measured in the direction in which the edge of the contact electrode extends or the width is measured in the predetermined direction orthogonal to the thickness direction of the contact electrode. For the purpose of examination, the Examiner interprets this as the width is measured in the predetermined direction orthogonal to the thickness direction. Claim Rejections - 35 USC § 103 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 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 1-7, 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa et al. (US20210359162A1; hereinafter Niwa) in view of Kim et al. (KR20160036865A; hereinafter Kim). PNG media_image1.png 530 640 media_image1.png Greyscale Niwa: FIG. 1 PNG media_image2.png 276 466 media_image2.png Greyscale Kim: FIG. 13b Regarding Claim 1, Niwa discloses a semiconductor light-emitting element (10, FIG. 1 reproduced above, [0044]) comprising: an n-type semiconductor layer (24), FIG. 1, [0048]; an active layer (26) provided on a first upper surface (24a) of the n-type semiconductor layer (24), FIG. 1, [0051]; a p-type semiconductor layer (28) provided on the active layer (26), FIG. 1, [0054]; a contact electrode (34) in contact with a second upper surface (24b) different from the first upper surface (24a) of the n-type semiconductor layer (24), FIG. 1, [0063]; or in contact with an upper surface of the p-type semiconductor layer. a protective layer (42) covering the n-type semiconductor layer (24), the active layer (26), the p-type semiconductor layer (28), and the contact electrode (34) and made of a dielectric material (dielectric material such as silicon oxide (SiO2), silicon oxynitride (SiON), silicon nitride (SiN), aluminum nitride (AlN) or aluminum oxynitride (AlON)), FIG. 1, [0077], [0078]; and a pad electrode (46) provided on the protective layer (42), FIG. 1, [0079]; Niwa does not disclose “wherein the contact electrode includes a first inclined portion in which an upper surface of the contact electrode is inclined such that a thickness of the contact electrode decreases toward an edge of the contact electrode, and wherein a width of the first inclined portion in a direction in which the edge of the contact electrode extends and a predetermined direction orthogonal to a thickness direction of the contact electrode is 10 times or more a thickness of a portion of the contact electrode that is different from the first inclined portion.” In a similar art, Kim discloses a light emitting device [0001]. Kim [0049], [0050] discloses the LED device 100 may include the first and second electrodes 161 and 163, where each electrode includes an inclined side surface of which the inclination of the tangent TL with respect to the side of the vertical cross section changes. The horizontal cross-sectional area of each electrode is reduced in a direction away from the first surface of the light emitting diode structure 120. Kim FIG. 13b reproduced above, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. The combination of Niwa and Kim discloses a contact electrode 34 with an inclined portion in which an upper surface of the contact electrode is inclined such that a thickness of the contact electrode decreases toward an edge of the contact electrode. The combination of Niwa and Kim discloses: wherein the contact electrode (Niwa: 34) includes a first inclined portion (Kim: inclined portion of electrode 1612) in which an upper surface of the contact electrode is inclined such that a thickness of the contact electrode decreases toward an edge of the contact electrode (Kim: FIG. 13b, [0050]). Kim [0050] discloses that the horizontal cross-sectional area of each electrode is reduced away in a direction away from first surface of the light emitting structure 120, indicating a tapered electrode profile. Thus, the contact electrode 34 of Niwa’s semiconductor element may include a first inclined portion (Kim: inclined portion of electrode 1612, FIG. 13b) such that an upper surface of contact electrode 34 tapers towards the edge of the electrode and is inclined such that the thickness of the electrode decreases towards an edge of the electrode. The combination of Niwa and Kim discloses the claimed invention except for it “wherein a width of the first inclined portion in a direction in which the edge of the contact electrode extends and a predetermined direction orthogonal to a thickness direction of the contact electrode is 10 times or more a thickness of a portion of the contact electrode that is different from the first inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed to have a width of the first inclined portion (Niwa: inclined portion of 34) in a direction in which the edge of the contact electrode extends and a predetermined direction (Niwa: X direction) orthogonal to a thickness direction of the contact electrode is 10 times or more a thickness of a portion of the contact electrode (Niwa: non-inclined central portion of contact electrode 34, FIG. 1, [0063]) that is different from the first inclined portion, Kim FIG. 13b, [0136], since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 2, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 1. Niwa discloses: wherein the thickness of the portion of the contact electrode that is different from the first inclined portion (non-inclined central portion of contact electrode 34) is equal to or more than 0.1 μm and equal to or less than 1 μm, [0064], [0065]. Niwa [0064], [0065] discloses the contact layer has a metal layer 34a and a TiN layer 34b. 34a includes a Ti layer and an Al layer. Thickness of Ti layer in 34a is about 1nm to 10nm and the thickness of Al layer in 34a is 200nm or more. The thickness of 34b is 10nm or larger. Hence the total thickness of 34 is about 211nm (0.211 μm) or more, which falls within the claimed thickness range of 0.1 μm and equal to or less than 1 μm. Regarding Claim 3, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 1. Niwa does not disclose “wherein the width of the first inclined portion in the predetermined direction is equal to or more than 5 μm and equal to or less than 10 μm.” The combination of Niwa and Kim discloses a first inclined portion in the predetermined direction (Niwa: inclined portion of 34 in X direction), but does not disclose the width is equal to or more than 5 μm and equal to or less than 10 μm. It would have been obvious to have a width of the first inclined portion equal to or more than 5 μm and equal to or less than 10 μm through routine optimization of a result effective variable. Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 4, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 1. Niwa discloses: further comprising a current diffusion layer (48, [0067) provided on the contact electrode (34), covered with the protective layer (42, [0078]), and having a stack structure in which a TiN layer (48a), a metal layer (48b), and a TiN layer (48c) are sequentially stacked, FIG.1, [0069]. Kim FIG. 13b, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. Kim discloses a portion of the electrode 1612 where the upper surface tapers towards the edge of the electrode. The combination of Niwa and Kim discloses a control electrode with a portion tapering towards the edge of the electrode. Since the current diffusion layer is provided on the control electrode (Niwa: current diffusion layer 48 provided on control electrode 34), the current diffusion layer may include a corresponding second inclined portion such that a height of an upper surface of the current diffusion layer decreases toward an edge of the current diffusion layer. The combination of Niwa and Kim discloses the claimed invention except for “wherein a width of the second inclined portion in the predetermined direction is 10 times or more a thickness of a portion of the current diffusion layer that is different from the second inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed, to have a width of the second inclined portion in the predetermined direction (Niwa: inclined portion of 48 in X direction) is 10 times or more a thickness of a portion of the current diffusion layer that is different from the second inclined portion (Niwa: non-inclined portion of 48), since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 5, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 4. The combination of Niwa and Kim discloses: wherein a sum of the thickness of the portion of the contact electrode (Niwa: non-inclined portion of 34) that is different from the first inclined portion and the thickness of the portion of the current diffusion layer (Niwa: non-inclined portion of 48) that is different from the second inclined portion is equal to or more than 0.2 μm and equal to or less than 2 μm, (Niwa: [0064], [0065], [0067]). Niwa [0064], [0065] discloses the contact layer has a metal layer 34a and a TiN layer 34b. 34a includes a Ti layer and an Al layer. Thickness of Ti layer in 34a is about 1nm to 10nm and the thickness of Al layer in 34a is 200nm or more. The thickness of 34b is 10nm or larger. Hence the total thickness of 34 is about 211nm (0.211 μm). Niwa [0067] discloses the thickness of 48 is 100nm or larger and 1000nm or smaller. Sum of the thickness of the non-inclined portions of 34 and 48 = 211nm + 100nm = 311nm (0.311 μm) which falls within the range of 0.2 μm and equal to or less than 2 μm. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 6, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 4. The combination of Niwa and Kim discloses: wherein the second inclined portion includes an overlapping portion overlapping the first inclined portion (inclined portions of 34 and 48 overlap) and a non-overlapping portion not overlapping the first inclined portion (region between width W6 and width W7), Niwa: FIG.1, [0067], and It would be obvious to have a width of the non-overlapping portion of the second inclined portion in the predetermined direction (region between W6 and W7 in X direction) equal to or more than half of the width of the first inclined portion in the predetermined direction (width of inclined portion of 34 in X direction) through routine optimization of a result effective variable. Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 7, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 6. The combination of Niwa and Kim discloses: wherein the non-overlapping portion (region between W7 and W6) does not overlap the contact electrode (34), Niwa: FIG. 1, [0067]. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 9, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 1. Niwa discloses: wherein the contact electrode includes an n-side contact electrode (34) in contact with the second upper surface (24b) of the n-type semiconductor layer (24), FIG. 1, [0063]. Kim FIG. 13b, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. Kim discloses a portion of the electrode 1612 where the upper surface tapers towards the edge of the electrode. The combination of Niwa and Kim discloses: wherein the n-side contact electrode includes a first inner inclined portion (Niwa: inclined portion of 34 on the side of active layer 26, FIG. 1, [0050]) in which an upper surface of the n-side contact electrode is inclined such that a thickness of the n-side contact electrode decreases toward the active layer, (Kim: FIG. 13b, [0136]). and a first outer inclined portion (Niwa: inclined portion of 34 on the opposite side of the active layer 26, FIG. 1, [0050]) in which the upper surface of the n-side contact electrode is inclined such that the thickness of the n-side contact electrode decreases as a distance from the active layer increases, (Kim: FIG. 13b, [0136]) and The combination of Niwa and Kim discloses the claimed invention except for it “wherein a width of each of the first inner inclined portion and the first outer inclined portion in the predetermined direction is 10 times or more a thickness of a portion of the n-side contact electrode that is different from the first inner inclined portion and the first outer inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed to have a width of each of the first inner inclined portion (Niwa: inclined portion of 34 on the side of active layer 26, FIG. 1, [0050]) and the first outer inclined portion (Niwa: inclined portion of 34 on the opposite side of the active layer 26, FIG. 1, [0050]) in the predetermined direction is 10 times or more a thickness of a portion of the n-side contact electrode (Niwa: non-inclined portion of 34) that is different from the first inner inclined portion and the first outer inclined portion, (Kim: FIG. 13b, [0136]), since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 10, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 9. Niwa discloses: further comprising an n-side current diffusion layer (48) provided on the n-side contact electrode (34), covered with the protective layer (42, [0078]), and having a stack structure in which a TiN layer (48a), a metal layer (48b), and a TiN layer (48c) are sequentially stacked, FIG.1, [0069]. Kim FIG. 13b, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. Kim discloses a portion of the electrode 1612 where the upper surface tapers towards the edge of the electrode. The combination of Niwa and Kim discloses a control electrode with a portion tapering towards the edge of the electrode. Since the current diffusion layer is provided on the control electrode (Niwa: current diffusion layer 48 provided on control electrode 34), the current diffusion layer may include a corresponding second inclined portion such that a height of an upper surface of the current diffusion layer decreases toward an edge of the current diffusion layer. The combination of Niwa and Kim discloses: wherein the n-side current diffusion layer includes a second inner inclined portion (Niwa: inclined portion of 48 on the side of active layer 26, FIG. 1, [0067]) in which an upper surface of the n-side current diffusion layer is inclined such that a height of the n-side current diffusion layer decreases toward the active layer, (Kim: FIG. 13b, [0136]), and a second outer inclined portion (Niwa: inclined portion of 48 on the opposite side of active layer 26, FIG. 1, [0067]) in which the upper surface of the n-side current diffusion layer is inclined such that the height of the n-side current diffusion layer decreases as a distance from the active layer increases, (Kim: FIG. 13b, [0136]), and The combination of Niwa and Kim discloses the claimed invention except for it “wherein a width of each of the second inner inclined portion and the second outer inclined portion in the predetermined direction is 10 times or more a thickness of a portion of the n-side current diffusion layer that is different from the second inner inclined portion and the second outer inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed to have a width of each of the second inner inclined portion (Niwa: inclined portion of 48 on the side of active layer 26, FIG. 1, [0067]) and the second outer inclined portion (Niwa: inclined portion of 48 on the opposite side of active layer 26, FIG. 1, [0067]) in the predetermined direction is 10 times or more a thickness of a portion of the n-side current diffusion layer (Niwa: non-inclined portion of 48) that is different from the second inner inclined portion and the second outer inclined portion, (Kim: FIG. 13b, [0136]), since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 11, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 1. Niwa discloses: wherein the contact electrode (30) includes a p-side contact electrode in contact with the upper surface (28a) of the p-type semiconductor layer (28), FIG. 1, [0058]. Kim FIG. 13b, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. Kim discloses a portion of the electrode 1612 where the upper surface tapers towards the edge of the electrode. The combination of Niwa and Kim discloses a contact electrode 30 with an inclined portion in which an upper surface of the p-side contact electrode is inclined such that a thickness of the p-side contact electrode decreases toward an edge of the p-side contact electrode. The combination of Niwa and Kim discloses: wherein the p-side contact electrode includes a first p-side inclined portion (Niwa: inclined portion of 30) in which an upper surface of the p-side contact electrode is inclined such that a thickness of the p-side contact electrode decreases toward an edge of the p-side contact electrode (Kim: FIG. 13b, [0136]), and The combination of Niwa and Kim discloses the claimed invention except for it “wherein a width of the first p-side inclined portion in the predetermined direction is 10 times or more a thickness of a portion of the p-side contact electrode that is different from the first p-side inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed to have a width of the first p-side inclined portion (Niwa: inclined portion of 30) in the predetermined direction is 10 times or more a thickness of a portion of the p-side contact electrode (Niwa: non-inclined portion of 30) that is different from the first p-side inclined portion, FIG. 13b, [0136], since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Regarding Claim 12, The combination of semiconductor light-emitting element according to claim 11. Niwa discloses: further comprising a p-side current diffusion layer (32) provided on the p-side contact electrode (30), covered with the protective layer (42, [0078]), and having a stack structure in which a TiN layer (32a), a metal layer (32b), and a TiN layer (32c) are sequentially stacked, FIG. 1, [0060], [0061]. Kim FIG. 13b, [0136] discloses the electrodes 1612 and 1632 may be formed on the light emitting structure 120 with an upper surface that extends from a substantially flat central region towards inclined edge surfaces that taper towards the edge of the electrode. Kim discloses a portion of the electrode 1612 where the upper surface tapers towards the edge of the electrode. The combination of Niwa and Kim discloses a p-side control electrode 30 with a portion tapering towards the edge of the electrode. Since the current diffusion layer is provided on the control electrode (Niwa: current diffusion layer 32 provided on control electrode 30), the current diffusion layer may include a corresponding inclined portion such that a height of the p-side current diffusion layer decreases toward an edge of the p-side current diffusion layer. The combination of Niwa and Kim discloses: wherein the p-side current diffusion layer includes a second p-side inclined portion (Niwa: inclined portion of 32) in which an upper surface of the p-side current diffusion layer is inclined such that a height of the p-side current diffusion layer decreases toward an edge of the p-side current diffusion layer, (Kim: FIG. 13b, [0136]), and The combination of Niwa and Kim discloses the claimed invention except for it “wherein a width of the second p-side inclined portion in the predetermined direction is 10 times or more a thickness of a portion of the p-side current diffusion layer that is different from the second p-side inclined portion.” However, it would have been obvious to one having ordinary skill in the art at the time of the invention was made to modify the device as claimed to have a width of the second p-side inclined portion the predetermined direction (Niwa: inclined portion of 32 in X direction) is 10 times or more a thickness of a portion of the p-side current diffusion layer (Niwa: non-inclined portion of 32) that is different from the second p-side inclined portion, (Kim: FIG. 13b, [0136]), since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Therefore, the claim limitations are considered met. Kim discloses that a device as taught improves the mechanical stability and the reliability [0051], [0145]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa’s device in order to improve the mechanical stability and the reliability as disclosed by Kim [0051], [0145]. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Niwa in view of Kim, further in view of Jang et al. (US20210036176A1; hereinafter Jang). Regarding Claim 8, The combination of Niwa and Kim discloses the semiconductor light-emitting element according to claim 6. The combination of Niwa and Kim does not disclose “wherein the non-overlapping portion overlaps the portion of the contact electrode that is different from the first inclined portion.” In a similar art, Jang discloses a semiconductor light emitting device 10, [0066]. Jang FIG. 7, [0098] discloses a metal layer 600 may be electrically connected to contact electrode 500, and at least a part of metal layer 600 may be disposed on and in contact with first conductive semiconductor layer 200. Metal layer 600 is extended to and disposed on a top surface of the further mesa-etched first conductive semiconductor layer 200. Jang discloses a portion of metal layer 600 overlapping contact electrode 500 and another portion extending beyond an edge of contact electrode 500. The combination of Niwa and Kim discloses a contact electrode 34 with an inclined portion in which an upper surface of the contact electrode is inclined such that a thickness of the contact electrode decreases toward an edge of the contact electrode, (Niwa: FIG. 1, [0050]; Kim: FIG. 13b, [0136]). The combination of Niwa, Kim, and Jang discloses: wherein the non-overlapping portion (Niwa: region between W6 and W7) overlaps the portion of the contact electrode (Niwa: non-inclined portion of 34) that is different from the first inclined portion (Kim: FIG. 13b, [0136]), Jang: FIG. 7, [0098]. Jang discloses that a device as taught improves the light efficiency of the light semiconductor light emitting device [0099]. Therefore, it would have been obvious to one having an ordinary skill in the art before the effective filing date of the claimed invention to modify Niwa and Kim’s device in order to improve the light efficiency of the light semiconductor light emitting device as disclosed by Kim [0099]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Krishna Palaniswamy whose telephone number is (571)272-6239. The examiner can normally be reached Monday - Friday 8:30AM - 5PM 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, Brent Fairbanks can be reached on 408-918-7532. 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 ttps://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. /Krishna J. Palaniswamy/ Examiner, Art Unit 2899 /Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
Read full office action

Prosecution Timeline

Dec 08, 2023
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12644048
NANOSTRUCTURE INCLUDING QUANTUM DOT, COMPOSITE INCLUDING THE NANOSTRUCTURE, AND DISPLAY PANEL AND ELECTRONIC DEVICE INCLUDING THE COMPOSITE
3y 8m to grant Granted Jun 02, 2026
Patent 12618148
DEPOSITION METHOD AND DEPOSITION APPARATUS
2y 10m to grant Granted May 05, 2026
Patent 12521977
METHOD OF MANUFACTURING SEMICONDUCTOR DEVICE USING GAS BLOWING AGENT
3y 6m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 3 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+33.3%)
3y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month