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 Office Action is in response to the application filed May 17, 2024.
Claims 1-19 are currently pending.
Priority
This application is a continuation-in-part (CIP) of International Application No. PCT/CN2022/127918, filed on October 27, 2022, which claims priority to Chinese Invention Patent Application No. 202111416529.8, filed on November 26, 2021. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 17, 2024 has been placed in the application file and is being considered by the examiner.
Drawings
The drawings filed with the application on May 17, 2024 are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Claim 19 recites “A light-emitting apparatus, comprising a light-emitting device as claimed in claim 1”. Therefore, the light-emitting apparatus must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 and all claims dependent therefrom are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites the limitations “said first contact electrode includes an ohmic contact layer”, “said second contact electrode includes an ohmic contact layer”, “a first ohmic contact layer”, and “another first ohmic contact layer”. It is unclear whether “the ohmic contact layer” and “the first ohmic contact layer” and the “another first ohmic contact layer” each refer to the same structural element, “the ohmic contact layer”, or to separate and distinct structural elements. For examination purposes, the ohmic contact layers recited in claim 1 will be interpreted as a first ohmic contact layer and a second ohmic contact layer, respectively. Support for this interpretation is available in paragraphs [0047-0048] and FIG. 2 of Applicant’s disclosure. This rejection may be overcome by amending claim 1 to clarify Applicant’s intended meaning.
Claim 15 and all claims dependent therefrom are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 15 recites the limitation "said second op through hole". There is insufficient antecedent basis for this limitation in the claim. For examination purposes this limitation will be interpreted as “the second through hole”.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 19 recites “A light-emitting apparatus, comprising a light-emitting device as claimed in claim 1”. However, there does not appear to be an adequate written description of the claim limitation “a light-emitting apparatus” in the application as filed. Applicant’s specification refers to a “light-emitting apparatus” at paragraphs [0024] and [0068].
Paragraph [0024] states: “the light-emitting device … may be easily applied to small and micro light-emitting apparatus in an electronic device.” However, Applicant has not provided any written description, or drawing, describing in sufficient detail an example of such a “light-emitting apparatus” or an electronic device containing such an apparatus.
Paragraph [0068] states: “A light-emitting apparatus including the light-emitting device as described above is also provided.” This is the language of claim 19, however, the written description requirement is not necessarily met when the claim language appears in ipsis verbis in the specification. "Even if a claim is supported by the specification, the language of the specification, to the extent possible, must describe the claimed invention so that one skilled in the art can recognize what is claimed. The appearance of mere indistinct words in a specification or a claim, even an original claim, does not necessarily satisfy that requirement." Enzo Biochem, Inc. v. Gen-Probe, Inc., 323 F.3d 956, 968, 63 USPQ2d 1609, 1616 (Fed. Cir. 2002). Applicant’s disclosure does not describe the claimed “light-emitting apparatus” because it does not include any description or example of “a light-emitting apparatus” that would indicate to a person skilled in the art at the time the application was filed that the inventor was in possession of the invention as claimed in view of the disclosure of the application as filed. See MPEP 2163.
This rejection may be overcome by amending claim 19 to recite limitations which are supported by Applicant’s written description.
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.
Claims 1-7, 9, 11-13, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Niwa et al., US 2021/0359161 A1 (hereinafter Niwa).
Regarding claim 1, insofar as the claim can be understood in view of the 35 USC 112 rejections or claim objections above, Niwa discloses: A light-emitting device (Niwa, FIG. 1, semiconductor light-emitting
element 10, [0042]), comprising: a semiconductor epitaxial unit (Niwa, FIG. 1 shows the semiconductor epitaxial unit as the layers including n-type semiconductor layer 24, active layer 26, and p-type semiconductor layer 28, [0042-0053]; “formed by using any of known epitaxial growth methods,” [0080]) having a first surface (Niwa, FIG. 1, upper surfaces of each of p-type semiconductor layer 28 and n-type semiconductor layer 24) and a second surface that are opposite to each other (Niwa, FIG. 1, lower surface of n-type semiconductor layer 24), and including a first semiconductor layer (Niwa, FIG. 1, p-type semiconductor layer 28, [0052-0053]), a second semiconductor layer (Niwa, FIG. 1, n-type semiconductor layer 24, [0046-0048), and an active layer that is disposed between said first semiconductor layer and said second semiconductor layer (Niwa, FIG. 1 shows active layer 26 [the active layer] disposed between p-type semiconductor layer 28 [the first semiconductor layer] and n-type semiconductor layer 24 [the second semiconductor layer], [0049-0051]); and
a first contact electrode (Niwa, FIG. 1, p-side contact electrode 30, [0056-0057]) and a second contact electrode (Niwa, FIG. 1 shows the second contact electrode as the region t1, including n-side contact electrode 34 and first current diffusion layer 48, [0061-0062; 0069]) disposed on said first surface of said semiconductor epitaxial unit (Niwa, FIG. 1 shows p-side contact electrode 30 [the first contact electrode] and the region t1 [the second contact electrode] disposed on upper surfaces of each of p-type semiconductor layer 28 and n-type semiconductor layer 24 [the first surface of the semiconductor epitaxial unit], [0061-0062]), and being electrically connected to said first semiconductor layer (Niwa, FIG. 1, p-side contact electrode 30 [the first contact electrode] is electrically connected to p-type semiconductor layer 28 [the first semiconductor layer], [0056]) and said second semiconductor layer (Niwa, FIG. 1, n-side contact electrode 34 of the region t1 [the second contact electrode] is electrically connected to n-type semiconductor layer 24 [the second semiconductor layer], [0061]), respectively; wherein
said first contact electrode (Niwa, FIG. 1, p-side contact electrode 30, [0056-0057]) includes an ohmic contact layer (Niwa, p-type contact layer (not shown), “the p-type contact layer, intended for attaining good ohmic contact with the p-side contact electrode 30 [the first contact electrode],” [0053-0055]) and a first electrode barrier layer (Niwa, FIG. 1, first TiN layer 32a, “use of the TiN layer can prevent metal migration,” i.e., a barrier layer, [0059-0060; 0105]) disposed on said ohmic contact layer of said first contact electrode (Niwa, FIG. 1 shows first TiN layer 32a [the first electrode barrier layer] disposed on p-side contact electrode 30 [the first contact electrode], [0058];
said second contact electrode (Niwa, FIG. 1, region t1, including n-side contact electrode 34 and first current diffusion layer 48, [0061-0062]) includes an ohmic contact layer (Niwa, FIG. 1, metal layer 34a, “metal layer 34a is composed of a material capable of forming an ohmic contact with the n-type semiconductor layer 24 [the second semiconductor layer],” [0062]) and a second electrode barrier layer (Niwa, FIG. 1, TiN layer 48c, [0062; 0105]) disposed on said ohmic contact layer of said second contact electrode (Niwa, see FIG. 1, the TiN layer 48c [the second electrode barrier layer] is disposed on the metal layer 34a [the ohmic contact layer of the second contact electrode],” [0063]);
said ohmic contact layer of said first contact electrode includes a first ohmic contact layer (Niwa, p-type contact layer (not shown), “the p-type contact layer, intended for attaining good ohmic contact with the p-side contact electrode 30 [the first contact electrode],” [0053-0055]);
said ohmic contact layer of said second contact electrode (Niwa, FIG. 1, metal layer 34a, [0062]) includes a second ohmic contact layer (Niwa, FIG. 1, metal layer 34a, [0062]), said second contact electrode further including another first ohmic contact layer (Niwa, FIG. 1, metal layer 48b, [0068]) disposed between said second ohmic contact layer and said second electrode barrier layer (Niwa, FIG. 1 shows metal layer 48b [the another first ohmic contact layer] disposed between metal layer 34a [the second ohmic contact layer] and TiN layer 48c [the second electrode barrier layer], [0061-0069]).
Regarding claim 2, Niwa discloses: The light-emitting device as claimed in claim 1, wherein a thickness of said ohmic contact layer of said second contact electrode (Niwa, FIG. 1, metal layer 34a, thickness of 1005 nm, equal to the thickness of the 5 nm Ti layer plus the 1000 nm Al layer that together comprise the metal layer 34a in an embodiment, [0062]) is greater than a thickness of said ohmic contact layer of said first contact electrode (Niwa, p-type contact layer (not shown), in an embodiment has thickness of 300 nm, [0055]).
Regarding claim 3, Niwa discloses: The light-emitting device as claimed in claim 2, wherein said ohmic contact layer of said first contact electrode includes x1 number of metal layers (Niwa, p-type contact layer (not shown, “the p-type contact layer [the ohmic contact layer of the first contact electrode] is provided on the p-type clad layer, so as to directly be in contact with the p-side contact electrode 30 [the first contact electrode],” i.e., one layer, [0053]), said ohmic contact layer of said second contact electrode includes x2 number of metal layers (Niwa, FIG. 1, metal layer 34a, “metal layer 34a [the ohmic contact layer of the second contact electrode] typically includes a Ti layer in direct contact with the n-type semiconductor layer 24, and an aluminum (Al) layer in direct contact with the Ti layer,” i.e., two layers, [0062]), and x1<x2 ( Niwa, the one layer comprising the p-type contact layer [the ohmic contact layer of the first contact electrode] is less than the two layers comprising the metal layer 34a [the ohmic contact layer of the second electrode]).
Regarding claim 4, Niwa discloses: The light-emitting device as claimed in claim 1, wherein in said ohmic contact layer of said second contact electrode (Niwa, FIG. 1, metal layer 34a, [0062]), said another first ohmic contact layer (Niwa, FIG. 1, metal layer 48b, [0068]) covers at least a top surface of said second ohmic contact layer (Niwa, FIG. 1 shows metal layer 48b [the another first ohmic contact layer] covers a top surface of metal layer 34a [the second ohmic contact layer]).
Regarding claim 5, Niwa discloses: The light-emitting device as claimed in claim 4, wherein in said ohmic contact layer of said second contact electrode (Niwa, FIG. 1, metal layer 34a, [0062]), said another first ohmic contact layer (Niwa, FIG. 1, metal layer 48b, [0068]) covers a side surface of said second ohmic contact layer (Niwa, FIG. 1 shows metal layer 48b [the another first ohmic contact layer] covers a side surface of metal layer 34a [the second ohmic contact layer]).
Regarding claim 6, Niwa discloses: The light-emitting device as claimed in claim 5, wherein in said ohmic contact layer of said second contact electrode (Niwa, FIG. 1, metal layer 34a), a thickness of said another first ohmic contact layer covering said side surface of said second ohmic contact layer (Niwa, FIG. 1, metal layer 48b [the another first ohmic contact layer] shown covering top and side surfaces of metal layer 34a [the ohmic contact layer of the second contact electrode]) is smaller than a thickness of said another first ohmic contact layer covering said top surface of said second ohmic contact layer (Niwa, FIG. 1 shows thickness of the metal layer 48b [the another first ohmic contact layer] covering the top and side surfaces of metal layer 34a [the ohmic contact layer of the second contact electrode] is thicker where covering the top surface and thinner where covering the side surfaces).
Regarding claim 7, Niwa discloses: The light-emitting device as claimed in claim 1, wherein said first electrode barrier layer (Niwa, FIG. 1, first TiN layer 32a) and said second electrode barrier layer (Niwa, FIG. 1, TiN layer 48c) are made of a same material (Niwa, FIG. 1, first TiN layer 32a [the first electrode barrier layer] and TiN layer 48c [the second electrode barrier layer] are made of TiN, [0105]).
Regarding claim 9, Niwa discloses: The light-emitting device as claimed in claim 1, wherein a thickness of each of said first ohmic contact layer (Niwa, p-type contact layer [the first ohmic contact layer], in an embodiment has thickness of 300 nm, equal to 0.3 μm, [0055]) and said another first ohmic contact layer (Niwa, FIG. 1, metal layer 48b [the another first ohmic contact layer] has thickness greater than 100 nm (0.1 μm), typically 200 nm – 800 nm (0.2-0.8 μm), ranges from 0.1 μm to 2 μm. Each of the thickness values disclosed by Niwa are within Applicant’s claimed range.
Regarding claim 11, Niwa discloses: The light-emitting device as claimed in claim 1, wherein a thickness of said second ohmic contact layer ranges from 0.1 μm to 2 μm (Niwa, FIG. 1, metal layer 34a, thickness of 1005 nm (1.005 μm), equal to the thickness of the 5 nm Ti layer plus the 1000 nm Al layer that together comprise the metal layer 34a in an embodiment, [0062]).
Regarding claim 12, Niwa discloses: The light-emitting device as claimed in claim 1, wherein each of said first electrode barrier layer (Niwa, FIG. 1, first TiN layer 32a, “use of the TiN layer can prevent metal migration,” i.e., a barrier layer, [0059-0060; 0105]) and said second electrode barrier (Niwa, FIG. 1, TiN layer 48c, [0062; 0105]) layer includes Ti (each of first TiN layer 32a [the first electrode barrier layer] and TiN layer 48c [the second electrode barrier layer] includes Ti), Pt, Cr, or combinations thereof.
When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009). Niwa teaches one or more of Applicant’s claimed alternative elements, for example: Ti.
Regarding claim 13, Niwa discloses: The light-emitting device as claimed in claim 1, wherein a thickness of each of said first electrode barrier layer (Niwa, FIG. 1, first TiN layer 32a) and said second electrode barrier layer (Niwa, FIG. 1, TiN layer 48c) ranges from 0.1 μm to 1 μm (Niwa, TiN layer thickness typically 50 nm – 200 nm (0.05 – 0.2 μm), this is within Applicant’s claimed range, [0059; 0067]).
Regarding claim 15, insofar as the claim can be understood in view of the 35 USC 112 rejections or claim objections above, Niwa discloses: The light-emitting device as claimed in claim 1, further comprising an insulation layer (Niwa, FIG. 1, third protective layer 42, [0075]) disposed on said semiconductor epitaxial unit that covers at least a peripheral region and a sidewall of said semiconductor epitaxial unit (Niwa, FIG. 1 shows third protective layer 42 [the insulation layer] disposed on and surrounding, i.e., covering at least a peripheral region and a sidewall of the layers including n-type semiconductor layer 24, active layer 26, and p-type semiconductor layer 28 [the semiconductor epitaxial unit], [0076]), and including a first through hole (Niwa, FIG. 1, p-side pad opening 42p, [0076]) and a second through hole (Niwa, FIG. 1, n-side pad opening 42n, [0076]);
a first pad electrode (Niwa, FIG. 1, p-side pad electrode 44, [0077]) disposed on said insulation layer (Niwa, FIG. 1 shows p-side pad electrode 44 [the first pad electrode] disposed on upper surface of third protective layer 42 [the insulation layer]) and being electrically connected to said first contact electrode via said first through hole (Niwa, FIG. 1 shows p-side pad electrode 44 [the first pad electrode] in p-side pad opening 42p [the first through hole]; “p-side pad electrode 44 [the first pad electrode] is … electrically connected to the p-side contact electrode 30 [the first contact electrode],” [0077]); and
a second pad electrode (Niwa, FIG. 1, n-side pad electrode 46, [0077]) disposed on said insulation layer (Niwa, FIG. 1 shows n-side pad electrode 46 [the second pad electrode] disposed on upper surface of third protective layer 42 [the insulation layer]) and being electrically connected to said second contact electrode via said second [[op]] through hole (Niwa, FIG. 1 shows n-side pad electrode 46 [the second pad electrode] in n-side pad opening 42n [the second through hole]; “the n-side pad electrode 46 [the second pad electrode] is … electrically connected to the n-side contact electrode 34 [the second contact electrode],” [0077]).
Regarding claim 16, Niwa discloses: The light-emitting device as claimed in claim 15, wherein each of said first pad electrode (Niwa, FIG. 1, p-side pad electrode 44, [0077]) and said second pad electrode (Niwa, FIG. 1, n-side pad electrode 46, [0077]) includes Ti, Al, Pt, Au, Ni, Sn, In or combinations thereof (Niwa, “Each of the p-side pad electrode 44 [the first pad electrode] and the n-side pad electrode 46 [the second pad electrode] … is typically composed of a stacked structure of Ni/Au, Ti/Au, or Ti/Pt/Au,” i.e., includes Ti, Pt, Ni, or combinations thereof, [0078]).
When a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009). The alternative elements taught by Niwa include one or more of Applicant’s claimed alternative elements, for example: Ti, Pt, Ni, and/or combinations thereof.
Regarding claim 17, Niwa discloses: The light-emitting device as claimed in claim 15, wherein a width of a bottom opening of said first through hole (Niwa, FIG. 1, width of bottom of p-side pad opening 42p, [0076]) is smaller than a width of an upper surface of said first electrode barrier layer (Niwa, FIG. 1, width of upper surface of first TiN layer 32a), the upper surface of said first electrode barrier layer being located beneath said first through hole (Niwa, FIG. 1 shows upper surface of first TiN layer 32a [the first electrode barrier layer] located beneath p-side pad opening 42p [the first through hole], [0076-0077]);
and a width of a bottom opening of said second through hole (Niwa, FIG. 1, width of bottom of n-side pad opening 42n, [0076]) is smaller than a width of an upper surface of said second electrode barrier layer (Niwa, FIG. 1, width of upper surface of TiN layer 48c), the upper surface of said second electrode barrier layer being located beneath said second through hole (Niwa, FIG. 1 shows upper surface of first TiN layer 48c [the second electrode barrier layer] located beneath n-side pad opening 42n [the second through hole], [0076-0077]).
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.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa in view of Aihara, US 2013/0248819 A1 (hereinafter Aihara).
Regarding claim 8, Niwa teaches nearly every element of claim 8 but is silent regarding: wherein each of said first ohmic contact layer and said another first ohmic contact layer is an Au/Ge alloy layer, an Au/Ni alloy layer, an Au/Ge/Ni alloy layer, an Au/Ge stacked layer structure, an Au/Ni stacked layer structure, or an Au/Ge/Ni stacked layer structure.
However, Aihara, in the same field of endeavor, teaches that the material of the ohmic contact layer is selected based on the type of semiconductor material it will be in contact with. For example, Aihara teaches that an n-type ohmic contact layer, analogous to Applicant’s first ohmic contact layer and another first ohmic contact layer, is an Au/Ge layer or an alloy made of Au/Ni. The alternative elements taught by Aihara include one or more of Applicant’s claimed alternative elements, for example: Au/Ge, Au/Ni.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Aihara to the teachings of Niwa, insofar as selecting the material for the first ohmic contact layer and the another first ohmic contact layer, with a reasonable expectation of success and without undue experimentation. The motivation for doing so would be, as expressly recognized by Aihara, to provide a low-resistance ohmic contact compatible with the surface of the light-emitting diode, thereby enabling device functionality with reduced operating voltage, resulting in improved performance and efficiency.
Regarding claim 10, Niwa teaches nearly every element of claim 10 but is silent regarding: wherein said second ohmic contact layer is an Au/Be alloy layer, an Au/Zn alloy layer, an Au/Be/Zn alloy layer, an Au/Be stacked layer structure, an Au/Zn stacked layer structure, or an Au/Be/Zn stacked layer structure.
However, Aihara, in the same field of endeavor, teaches that the material of the ohmic contact layer is selected based on the type of semiconductor material it will be in contact with. For example, Aihara teaches that a p-type ohmic contact layer, analogous to Applicant’s second ohmic contact layer, is an alloy made of Au/Be or Au/Zn. The alternative elements taught by Aihara include one or more of Applicant’s claimed alternative elements, for example: Au/Be, Au/Zn.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Aihara to the teachings of Niwa, insofar as selecting the material for the second ohmic contact layer, with a reasonable expectation of success and without undue experimentation. The motivation for doing so would be, as expressly recognized by Aihara, to provide a low-resistance ohmic contact compatible with the surface of the light-emitting diode, thereby enabling device functionality with reduced operating voltage, resulting in improved performance and efficiency.
Claims 14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Niwa in view of Chen et al., US 2020/0020739 A1 (hereinafter Chen).
Regarding claim 14, Niwa discloses nearly every element of claim 14 but is silent regarding: wherein a light emitted by said light-emitting device has a wavelength ranging from 580 nm to 1000 nm.
However, Chen, in the same field of endeavor, teaches that it was known in the art before the effective filing date of the claimed invention that the wavelength of the light emitted from the light-emitting device can be predictably adjusted to produce red, yellow, blue, or green light by changing the physical and chemical composition of one or more layers in the semiconductor stack. For example, Chen teaches that materials can be selected to produce red light with a wavelength of 610 nm – 650 nm (Chen, [0035]). This is within Applicant’s claimed range of wavelengths.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Chen to the teachings of Niwa, insofar as selecting a wavelength of light emitted, arriving at Applicant’s claimed invention with predictable results and without undue experimentation. The motivation for doing so would be, as recognized by Chen, to produce a device capable of emitting light having the correct wavelength according to product specifications.
Regarding claim 18, Niwa teaches nearly every element of claim 18 but is silent regarding: wherein each of said first through hole and said second through hole has a tilted side surface, said tilted side surface of said first through hole forming a first angle with an upper surface of said first contact electrode, said tilted side surface of said second through hole forming a second angle with an upper surface of said second contact electrode, said first angle and said second angle being formed outside said first through hole and said second through hole, respectively, each of said first angle and said second angle being no greater than 80°.
However, Chen, in the same field of endeavor, teaches that forming a via, i.e., a through hole, with an angle, i.e., a tilted side surface, between 10 – 80 degrees is advantageous to improve luminance and device reliability: “if the first angle or the second angle is less than 10 degrees, an excessively low slope reduces the area of the active layer 202, and a decreased area of the active layer 202 decreases luminance of the light-emitting device. If the first angle or the second angle is greater than 80 degrees, the insulating layer and the metal layer subsequently formed may not completely cover the sidewalls of the first semiconductor layer 201, the second semiconductor layer 203, and/or the active layer 202, thereby causing cracking of the film.” (Chen, [0052]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the light-emitting device as taught by Niwa with the teachings of Chen, arriving at Applicant’s claimed invention with predictable results and without undue experimentation. The motivation for doing so would be, as recognized by Chen, to improve device performance and reliability.
Regarding claim 19, insofar as the claim can be understood in view of the 35 USC 112 rejections or claim objections above, Niwa discloses nearly every element of claim 19 but is silent regarding: A light-emitting apparatus, comprising a light-emitting device as claimed in claim 1.
However, Chen, in the same field of endeavor, teaches: A light-emitting apparatus (Chen, FIG. 16, light-emitting apparatus 3, [0174]), comprising a light-emitting device (Chen, FIG. 16 shows light-emitting apparatus 3 [the light-emitting apparatus] includes a plurality of light-emitting devices 608, [0174]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the long-life light-emitting device as taught by Niwa with the teachings of Chen, arriving at Applicant’s claimed light-emitting apparatus with predictable results and without undue experimentation. The motivation for doing so would be, as expressly recognized by Chen, to provide the light-emitting device in a marketable product, such as a light bulb, thereby improving the working lifetime of the product (Chen, [0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. The cited prior art discloses similar materials, devices, and methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEREK NIELSEN whose telephone number is (703)756-1266. The examiner can normally be reached Monday - Friday, 8:30 A.M. - 5:30 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRENT A FAIRBANKS can be reached at (408)918-7532. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.L.N./Examiner, Art Unit 2899
/Brent A. Fairbanks/Supervisory Patent Examiner, Art Unit 2899
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