DETAILED ACTION
Notice of Pre-AIA or AIA Status
Claims 1-19 are objected to because of the following informalities:
► With respect to claims 1-19, references characters responding to elements recited in the detailed description of the drawings should be better deleted in the claims to avoid with other numbers or characters which may appear in the claims. Appropriate corrections are suggested.
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 17 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.
► With respect to claim 17, claim 17 should depend to claim 16 that cites the bonding layer between the substrate and the epitaxial structure
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 5, 16, 19-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2)as being anticipated by Lowenthal et al [WO 2012/031092]
► With respect to claim 1, Lowenthal et al (figs 1/2/3, text pages 1-121) discloses the claimed light emitting diode (LED) comprising:
a first surface (upper surface of substrate 105) and a second surface (bottom surface of substrate 105) disposed opposite to the first surface;
wherein the first surface comprises a first side edge, a second side edge , a third side edge, and a fourth side edge which are sequentially connected in that order (see fig 1)
wherein the LED further comprises: an epitaxial structure (115/185/110, fig 1/2/3, text page 29), and the epitaxial structure comprises: a first mesa 115/185, fig 3) and a second mesa (110) which are sequentially stacked from top to bottom in that order; the first mesa at least comprises: a first-type semiconductor layer (p+ GaN 115) and an active layer (quantum well 185), and the second mesa at least comprises: a second- type semiconductor layer (n+ GaN); and an area of an upper surface of the second mesa is greater than or equal to an area of a lower surface of the first mesa;
wherein an area of a projection of the first mesa on a plane where the first surface is located is represented by s, and a perimeter-to-area ratio of the projection of the first mesa is represented by γ, and the perimeter-to-area ratio γ of the first mesa satisfies the following formula:
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71
278
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wherein L1 represents a projection length of an upper surface of the first mesa on a plane passing through the first side edge and perpendicular to the plane where the first surface is located.
(area of projection of first mesa defined by top surface of layer 115 being a circle with radius r, L1 is diameter of circle = 2r, the perimeter to area ratio of the projection of the first mesa 115/185 of circle meets formula above).
► With respect to claim 5, Lowenthal et al discloses the projection of the first mesa on the plane where the first surface is located is a circle or an ellipse or a combined pattern of an arc and a straight line.
► With respect to claim 16, Lowenthal et al (fig 3, page 29) discloses a substrate (105) and a bonding layer (145); wherein the bonding layer is disposed between the substrate and the epitaxial structure; and wherein the bonding layer is a single-layer structure or a composite-layer structure and is made of a conductive material or an insulation material.
► With respect to claim 20, Lowenthal et al discloses a light emitting device comprising the LED according to claim 1.
► With respect to claim 19, Lowenthal et al (figs 1/2/3, text pages 1-121) discloses the claimed light emitting diode (LED) comprising:
a first surface (upper surface of substrate 105) and a second surface (bottom surface of substrate 105) disposed opposite to the first surface;
wherein the first surface comprises a first side edge, a second side edge , a third side edge, and a fourth side edge which are sequentially connected in that order (see fig 1)
wherein the LED further comprises: an epitaxial structure (115/185/110, fig 1/2/3, text page 29), and the epitaxial structure comprises: a first mesa (115/185, fig 3) and a second mesa (110) which are sequentially stacked from top to bottom in that order; the first mesa at least comprises: a first-type semiconductor layer (p+ GaN 115) and an active layer (quantum well 185), and the second mesa at least comprises: a second- type semiconductor layer (n+ GaN); and an area of an upper surface of the second mesa is greater than or equal to an area of a lower surface of the first mesa;
wherein a size of the LED is less than 300 µm (page 9) , at least one side edge of a projection of the first mesa on a plane where the first surface is located is an arc, and a protrusion portion of the arc faces towards a side edge of the first surface of the LED closer to the arc (see fig 1).
Claim 19 is rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Lee et al [US 2020/0127167]
► With respect to claim 19, Lowenthal et al (figs 1/2/3, text [0001][-[0107]) discloses the claimed light emitting diode (LED) comprising:
a first surface (upper surface of substrate 21, figs 2-3) and a second surface (bottom surface of substrate 21) disposed opposite to the first surface;
wherein the first surface comprises a first side edge, a second side edge , a third side edge, and a fourth side edge which are sequentially connected in that order (see fig 3)
wherein the LED further comprises: an epitaxial structure (27/25/23, fig 2), and the epitaxial structure comprises: a first mesa (27/25) and a second mesa (23) which are sequentially stacked from top to bottom in that order; the first mesa at least comprises: a first-type semiconductor layer (27) and an active layer (25), and the second mesa at least comprises: a second- type semiconductor layer (23); and an area of an upper surface of the second mesa is greater than or equal to an area of a lower surface of the first mesa;
wherein a size of the LED is less than 300 µm (text [0039]) , at least one side edge of a projection of the first mesa on a plane where the first surface is located is an arc, and a protrusion portion of the arc faces towards a side edge of the first surface of the LED closer to the arc (see figs 1 & 3).
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 2-4, 6-9, 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lowenthal et al [WO 2012/031092] in view of Lee et al [US 2020/0127167]
► With respect to claims 2-4, 7 and 17, the claimed parameters of thickness, area, length, distance would have been obvious to an ordinary artisan practicing the invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 233, 235 (CCPA 1955). Furthermore, it appears that these changes produce no functional differences and therefore would have been obvious. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
► With respect to claims 6 and 18, the claimed shapes were matters of choices which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the planar surface of the entire upper surface of the layer of material would yield unexpected result. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.).
► With respect to claims 8 and 9, Lowenthal et al substantially discloses the claimed LED but does not expressly teaches the first-type semiconductor layer is provided with a first contact electrode thereon, the first contact electrode comprises: a first dot electrode and two first extension portions , and the two first extension portions respectively extend towards different side edges of the LED from the first dot electrode ; and the two first extension portions form a straight-line segment or an arc-shaped segment; wherein when the two first extension portions form the arc-shaped segment, two ends of a projection of the arc-shaped segment on the first surface are located on a centerline of the projection of the first mesa on the first surface.
However, Lin et al (figs 1-3, text [0001]-[0107]) teaches the first-type semiconductor layer (27) is provided with a first contact electrode (35) thereon, the first contact electrode comprises: a first dot electrode (35a, fig 1) and two first extension portions (35b) , and the two first extension portions respectively extend towards different side edges of the LED from the first dot electrode ; and the two first extension portions form a straight-line segment or an arc-shaped segment; wherein when the two first extension portions form the arc-shaped segment, two ends of a projection of the arc-shaped segment on the first surface are located on a centerline of the projection of the first mesa on the first surface.
Therefore, it would have been obvious for those skilled in the art to modify the LED of Lowenthal et al by using the first contact electrode as being claimed, per taught by Lin et al, to conduct current spreader as to the first type semiconductor layer for LED operation.
► With respect to claims 12-13 and 15, Lowenthal et al substantially discloses the claimed LED but does not expressly teach an insulation protection layer disposed on the upper surface of the first mesa and a sidewall of the epitaxial structure; wherein a first pad electrode and a second pad electrode are disposed above the insulation protection layer; wherein the insulation protection layer defines a first opening and a second opening thereon; the first pad electrode is filled into the first opening to be electrically connected to the first-type semiconductor layer; and the second pad electrode is filled into the second opening to be electrically connected to the second-type semiconductor layer ; wherein a first contact electrode is disposed between the first pad electrode and the first-type semiconductor layer, and a second contact electrode is disposed between the second pad electrode (52) and the second-type semiconductor layer; wherein as viewed from a direction perpendicular to the first surface , partial regions of the first pad electrode and the second pad electrode overlap the active layer respectively, or the first pad electrode and the second pad electrode are disposed outside the active layer.
However, Lin et al (figs 1 and 2) teaches an insulation protection layer (37) disposed on the upper surface of the first mesa and a sidewall of the epitaxial structure; wherein a first pad electrode (39b) and a second pad electrode (39a) are disposed above the insulation protection layer; wherein the insulation protection layer defines a first opening (37b) and a second opening (37a) thereon; the first pad electrode is filled into the first opening to be electrically connected to the first-type semiconductor layer (27); and the second pad electrode is filled into the second opening to be electrically connected to the second-type semiconductor layer (23) ; wherein a first contact electrode(35) is disposed between the first pad electrode (39b) and the first-type semiconductor layer(27), and a second contact electrode (33) is disposed between the second pad electrode (39a) and the second-type semiconductor layer (23); wherein as viewed from a direction perpendicular to the first surface , partial regions of the first pad electrode and the second pad electrode overlap the active layer (25) respectively, or the first pad electrode and the second pad electrode are disposed outside the active layer.
► With respect to claim 14, the claimed parameter of bottom witdths of the first opening and the second opening would have been obvious to an ordinary artisan practicing the invention because, absent evidence of disclosure of criticality for the range giving unexpected results, it is not inventive to discover optimal or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 105 USPQ 233, 235 (CCPA 1955). Furthermore, it appears that these changes produce no functional differences and therefore would have been obvious. See In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990).
14. The LED according to claim 13, wherein a bottom width of the first opening (40a) is less than or equal to a bottom width of the first contact electrode (31), and a bottom width of the second opening (40b) is less than or equal to a bottom width of the second contact electrode (32).
Allowable Subject Matter
Claims 10 and 11 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANHHA S PHAM whose telephone number is (571)272-1696. The examiner can normally be reached Monday-Friday.
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/THANHHA S PHAM/Primary Examiner, Art Unit 2812
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