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.
Claim(s) 1, 5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirayama(USPGPUB DOCUMENT: 2010/0219395, hereinafter Hirayama) in view of Mino (USPGPUB DOCUMENT: 2017/0110852, hereinafter Mino) and Takayama (USPGPUB DOCUMENT: 2020/0412101, hereinafter Takayama).
Re claim 1 Hirayama discloses a nitride semiconductor light-emitting element comprising: an n-side semiconductor layer(11); one or more light-emitting layers(15)(MQW) disposed above the n-side semiconductor layer(11); a first barrier layer(16) disposed above the one or more light- emitting layers and including Al; an electron blocking layer(17)[0052] disposed above the p-side guiding layer, including Mg, and having an Al composition ratio larger than the Al composition ratio of the second barrier layer(16/15); and a p-side semiconductor layer(17)[0053] disposed above the electron blocking layer(17)[0052].
Hirayama does not disclose a second barrier layer(16/15) disposed above the first barrier layer(16) and including Al; a p-side guiding layer disposed above the second barrier layer(16/15) and having an Al composition ratio smaller than an Al composition ratio of the second barrier layer(16/15);
wherein:the Al composition ratio of the second barrier layer is larger than an Al composition ratio of the first barrier layer,an average Mg concentration in the p-side guiding layer is lower than an average Mg concentration in the electron blocking layer, andthe average Mg concentration in the p-side guiding layer is higher than an average Mg concentration in the second barrier layer.
Mino discloses a second barrier layer(6)[0018] including Al; a p-side guiding layer (5 of Mino) disposed above the second barrier layer(6 of Mino) and having an Al composition ratio smaller than an Al composition ratio of the second barrier layer[0017 of Mino];
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Mino to the teachings of Hirayama in order to increase the light emission efficiency [0004, Mino]. In doing so, a second barrier layer(6)[0018 of Mino] disposed above the first barrier layer(16) and including Al;
Hirayama does not disclose wherein:the Al composition ratio of the second barrier layer is larger than an Al composition ratio of the first barrier layer,an average Mg concentration in the p-side guiding layer is lower than an average Mg concentration in the electron blocking layer, andthe average Mg concentration in the p-side guiding layer is higher than an average Mg concentration in the second barrier layer.
Takayama disclose wherein:the Al composition ratio of the second barrier layer is larger than an Al composition ratio of the first barrier layer[0215, 0216, 0217 of Takayama]
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to apply the teachings of Takayama to the teachings of Hirayama in order to provide such highly-reliable super high-output semiconductor laser elements [0004, Takayama]. In doing so, ,an average Mg concentration[0215, 0216, 0217 of Takayama] in the p-side guiding layer is lower than an average Mg concentration in the electron blocking layer(17)[0052], andthe average Mg concentration[0215, 0216, 0217 of Takayama] in the p-side guiding layer is higher than an average Mg concentration in the second barrier layer(6 of Mino).
Re claim 5 Hirayama and Mino and Takayama disclose the nitride semiconductor light-emitting element according to claim 1, wherein a Mg concentration in the p-side guiding layer in a vicinity of an interface near the second barrier layer(16/15) is lower than a Mg concentration in the p-side guiding layer in a vicinity of an interface far from the second barrier layer(16/15).
Re claim 6 Hirayama and Mino and Takayama disclose the nitride semiconductor light-emitting element according to claim 1, wherein the second barrier layer(16/15) has a thickness less than a thickness of the first barrier layer(16).
Re claim 7 Hirayama and Mino and Takayama disclose the nitride semiconductor light-emitting element according to claim 1, wherein the Al composition ratio of the electron blocking layer(17)[0052] is larger than the Al composition ratio of the p-side semiconductor layer(17)[0053].
Re claim 8 Hirayama and Mino and Takayama disclose the nitride semiconductor light-emitting element according to claim 1, wherein the one or more light-emitting layers(15)(MQW) include In, and a wavelength[0021 of Mino] of light that the nitride semiconductor light- emitting element emits is less than or equal to 390 nm.
Re claim 9 Hirayama and Mino and Takayama disclose the nitride semiconductor light-emitting element according to claim 1 further comprising: a p-side electrode(8/9 of Mino) disposed above the p-side semiconductor layer(17)[0053], wherein the p-side electrode(8/9 of Mino) includes Ag.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 5-9 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/PATRICIA D VALENZUELA/Primary Examiner, Art Unit 2812
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