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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements filed on 01/08/2024 and 03/17/2025 have been considered.
Drawings
The drawings filed on 01/08/2024 are acceptable.
Specification
The abstract of the disclosure and the specification filed on 01/08/2024 are acceptable.
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) 1-4 and 8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Kamiyama (US 20210074877).
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Regarding claims 1 and 2, Kamiyama (US 20210074877) discloses:
A semiconductor light-emitting element comprising:
a growth substrate (GaN layer 12, ¶0066);
a plurality of columnar semiconductor layers (14, ¶0067) on the growth substrate (12); and
an embedded layer (18, ¶0051) with which the plurality of columnar semiconductor layers (14) are covered, wherein each of the plurality of columnar semiconductor layers (14) comprises:
an n-type nanowire layer (14, ¶0051) at a center of each of the columnar semiconductor layers; and
an active layer (15, ¶0051P) on an outer periphery side of the n-type nanowire layer (14), and wherein the embedded layer (GaN layer 18, ¶0068) defines a gap above the growth substrate (12) between adjacent columnar semiconductor layers (14) of the plurality of columnar semiconductor layers (14).
Regarding claim 3, Kamiyama further discloses:
wherein the embedded layer (18) is an ITO film (¶0081).
Regarding claim 4, Kamiyama discloses:
wherein each of the plurality of columnar semiconductors (14) further comprises a p-type semiconductor layer (16, ¶0069) on an outer periphery side of the active layer (15).
Regarding claim 8, Kamiyama further discloses:
A method for manufacturing a semiconductor light-emitting element, the method comprising:
forming a mask layer (13, ¶0066) having a plurality of openings on a growth substrate (12, ¶0066), the mask layer having a plurality of openings;
a growing step of forming a plurality of columnar semiconductor layers (14, ¶0067) in the respective plurality of openings using selective growth; and
growing an embedded layer (18, ¶0070) on the growth substrate (12) so as to cover the plurality of columnar semiconductor layers (14), wherein the forming the plurality of columnar semiconductor layers (14) comprises:
forming an n-type nanowire layer (14, ¶0067);
a-step-of forming an active layer (15, ¶0068) outside the n-type nanowire layer (14); and
forming a p-type semiconductor layer (16, ¶0069) outside the active layer (15), and
wherein the growing the embedded layer (18) comprises forming a gap on the mask layer (13) between adjacent columnar semiconductor layers (14) of the plurality of columnar semiconductor layers inside the embedded layer (18).
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) 6, 7 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamiyama.
Regrading claims 6 and 9, Kamiyama does not disclose “wherein an aspect ratio defined by a height of the columnar semiconductor layers and an interval between the adjacent columnar semiconductor layers is set to 0.5 or more, and more preferably 3 to 5”. However, a change in size or shape or both is an unpatentable modification when it results in optimum conditions that differ from the prior art in degree but not in kind. In Re Rose, 220 F.2d 459, 105 USPQ 237, In reDailey, 357 F.2d 669, 149 USPQ 47). In the instant case the prior art device would not perform differently if modified to the claimed shape or size. Therefore the claimed limitations are considered met.
Regarding claim 7, Kamiyama does not disclose “A vehicle lamp using the semiconductor light-emitting element according to claim 1”.
However, Applicant is advised that the limitation A vehicle lamp using the semiconductor light-emitting element …", is an intended use limitation rather than a required structural limitation further limiting the scope of the device claim. The applied prior art can be so modified or used and therefore renders unpatentable such claims. See, for example, M.P.E.P. § 2111.04, and precedents cited therein.
Allowable Subject Matter
Claim 5 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.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 5, the prior art does not disclose “wherein the embedded layer is an insulator layer transparent to light generated from the active layer, wherein the semiconductor light-emitting element further comprises a transparent electrode disposed on the insulator layer, and wherein the contact layer protrudes from the insulator layer and is in contact with the transparent electrode” in combination with the remaining claimed features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A HARRISTON whose telephone number is (571)270-3897. The examiner can normally be reached Mon-Fri, 9AM-5PM.
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/WILLIAM A HARRISTON/Primary Examiner, Art Unit 2899