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 .
DETAILED ACTION
This action is responsive to the application No. 18/541,732 filed on December 15, 2023.
Information Disclosure Statement
3. Acknowledgement is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS has been considered.
Claim Rejections - 35 USC § 103
4. 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 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.
5. 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.
6. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
a. Determining the scope and contents of the prior art.
b. Ascertaining the differences between the prior art and the claims at issue.
c. Resolving the level of ordinary skill in the pertinent art.
d. Considering objective evidence present in the application indicating obviousness or non-obviousness.
8. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2022/0376477 A1) in view of Lutgen et al. (US 2020/0127159 A1).
Regarding independent claim 1, Lee et al. teaches a microLED comprising (Figs. 1-2):
a stack of semiconductor layers (140, 130/135, 125) comprising:
an n-type (AlxnGa1-xn)ynIn1-ynP layer (140, see Fig. 1) wherein xn=0.33, 1-xn=0.67, yn=0.52, 1-yn=0.48;
a p-type (AlxpGa1-xp)ypIn1-ypP layer (125, see Fig. 1) wherein xp=0.33, 1-xp=0.67, yp=0.52, 1-yp=0.48; and
an active region (130/135) disposed between the n-type (AlxnGa1-xn)ynIn1-ynP layer (140) and the p-type (AlxpGa1-xp) ypIn1-ypP layer (125) and comprising (Ga0.52In0.48P) quantum well layer, wherein xqw=0.33, yqw=0.48; and
a plurality of compressively strained GayqdIn1-yqdP quantum dots disposed in the quantum well layer (para [0072]);
wherein 0≤xn≤1;
0≤yn<1;
0≤xp≤1;
0≤yp<1;
0≤xqw≤0.3;
0≤yqw<1; and
0≤yqd<yqw.
Lee et al. is explicitly silent of disclosing wherein, the active region comprising at least one (AlxqwGa1-xqw)yqwIn1-yqwP.
Lutgen et al. teaches wherein (Fig. 13), the active region (1306) comprising at least one (AlGa InP, para [0085]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to apply the teaching as taught by Lutgen et al., and modify the active material in the light-emitting layer of Lee et al., in order to reduce lateral carrier losses and parasitic surface recombination in the QW edge region 1308 (para [0085]).
Regarding claim 2, Lee et al. teaches wherein (Fig. 1), xn=xp=1 according to claim 1.
Regarding claim 3, Lee et al. teaches wherein (Fig. 1), 0.50≤yn≤0.51 and 0.50≤yp≤0.51 according to claim 1.
Regarding claim 4, Lee et al. teaches wherein (Fig. 1), 0.50≤yqw≤0.51 according to claim 1.
Regarding claim 5, Lee et al. teaches wherein (Fig. 1), 0.40≤yqw≤0.5 according to claim 1.
Regarding claim 6, Lee et al. teaches wherein (Fig. 1), 0≤yqd<0.5 according to claim 1.
Regarding claim 7, Lee et al. teaches wherein (Fig. 1), yqd=0 according to claim 1.
Regarding claim 8, Lee et al. teaches wherein (Fig. 1), yqd>0 according to claim 1.
Regarding claim 9, Lee et al. teaches wherein (Fig. 1):
0.50≤yn≤0.51 and 0.50≤yp≤0.51;
0.50≤yqw≤0.51; and
0≤yqd<0.5.
Regarding claim 10, Lee et al. teaches wherein (Fig. 1), yqd=0.
Regarding claim 11, Lee et al. teaches wherein (Fig. 1), yqd>0.
Regarding claim 12, Lee et al. teaches wherein (Fig. 1):
0.50≤yn≤0.51 and 0.50≤yp≤0.51; and
0.40≤yqw≤0.5.
Regarding claim 13, Lee et al. teaches wherein (Fig. 1), yqd=0.
Regarding claim 14, Lee et al. teaches wherein (Fig. 1), yqd>0.
Regarding claim 15, Lee et al. teaches wherein (Fig. 1), the at least one (AlxqwGa1-xqw)yqwIn1-yqwP quantum well layer (see Fig. 2) is one of a plurality of (AlxqwGa1-xqw)yqwIn1-yqwP quantum well layers, comprising:
one or more (AlxqbGa1-xqb)yqbIn1-yqbP quantum barrier layers (see Figs. 1-2) each disposed between two adjacent ones of the quantum well layers;
wherein xqb>xqw.
Regarding claim 16, Lee et al. teaches wherein (Fig. 1), each of the (AlxqwGa1-xqw)yqwIn1-yqwP quantum well layers (see Fig. 2) comprises a plurality of compressively strained GayqdIn1-yqdP quantum dots (see claim 1) disposed in the quantum well layer.
Regarding claim 17, Lee et al. teaches wherein (Fig. 1), only a subset of the (AlxqwGa1-xqw)yqwIn1-yqwP quantum well layers located closer to the n-type (AlxnGa1-xn)ynIn1-ynP layer than to the p-type (AlxpGa1-xp)ypIn1-ypP layer comprises a plurality of compressively strained GayqdIn1-yqdP quantum dots (see Fig. 2) disposed in the quantum well layer.
Regarding claim 18, Lee et al. teaches wherein (Fig. 1), only a subset of the (AlxqwGa1-xqw)yqwIn1-yqwP quantum well layers located closer to the p-type (AlxpGa1-xp)ypIn1-ypP layer than to the n-type (AlxnGa1-xn)ynIn1-ynP layer comprises a plurality of compressively strained GayqdIn1-yqdP quantum dots (see Fig. 2) disposed in the quantum well layer.
Regarding claim 19, Lee et al. teaches wherein (Fig. 1), configured to emit red light during operation (para [0056]).
Regarding claim 20, Lee et al. teaches wherein (Fig. 1), configured and arranged as pixel red emitters (para [0056]).
Examiner’s Note
9. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims. See MPEP 2111, 2123, 2125, 2141.02 VI, and 2182.
Examiner has cited particular paragraphs and/or columns/lines in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP 2141.02 VI.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIDARUL MAZUMDER whose telephone number is (571)272-8823. The examiner can normally be reached M-F 9-5.
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11. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Partridge can be reached at 571-270-1402. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIDARUL A MAZUMDER/Primary Examiner, Art Unit 2812
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