DETAILED ACTION
This office action is in response to the election filed 9/8/2026.
Currently, claims 1-20 are pending.
Election/Restrictions
Applicant’s election without traverse of Species II is acknowledged.
Applicant has identified all claims 1-20 as being readable on the elected species. However, the limitations of claims 10-11 and 14-20 describe features that are only found in species other than the elected species. Thus, these claims are withdrawn from consideration.
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, 2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuramoto et al. (US 10,109,984).
Pertaining to claim 1, Kuramoto shows, with reference to FIG. 1A, a light emitting device comprising:
a first electrode pad (26) and a second electrode pad (25);
a first semiconductor layer (22) disposed on an upper region of an active layer (23) configured to generate light;
a second semiconductor layer (21) disposed on an upper region of the second electrode pad to be electrically connected to the second electrode pad (via substrate 11), the active layer disposed on an upper region of the second semiconductor layer; and
a first contact layer (22C) disposed on an upper region of the first semiconductor layer,
wherein the first electrode pad is disposed on an upper region of the first contact layer to be electrically connected to the first semiconductor layer through the first contact layer,
wherein one of the first semiconductor layer and the second semiconductor layer is an n- type semiconductor layer and the other is a p-type semiconductor layer (col. 9, lines 63-67), and
wherein an upper surface of the first semiconductor layer located in a non-light emitting region (under electrode pad 26) is placed higher than a light emitting surface corresponding to the upper surface of the first semiconductor layer located in a light emitting region (region other than the non-light emitting region), the non-light emitting region being a region in which the first contact layer is disposed, the light emitting region being an exposed region on the upper surface of the first semiconductor layer (exposed relative to the electrode pad 26).
Pertaining to claim 2, Kuramoto shows a lower surface of the first contact layer is placed higher than the light emitting surface (FIG. 1).
Pertaining to claim 4, Kuramoto shows an unshaded region (light emitting region) allowing light generated therein and emitted therefrom to exit the light emitting device and a shaded region (non-light emitting region) not allowing light generated therein and emitted therefrom to exit the light emitting device.
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 3 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kuramoto in view of Ko (US 10,090,439).
As it pertains to claim 3, Kuramoto shows the device of claim 2, but fails to show the light emitting surface is disposed with irregularities.
However, Ko teaches in FIG. 1 that, for a similar light-emitting structure, the regions exposed from the contact 60 are roughened to create irregularities.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Kuramoto to have the irregularities taught by Ko, with the motivation that such a structure enhances light extraction (col. 7, lines 4-15).
Pertaining to claim 8, Ko teaches the first electrode pad (70) has a smaller cross-sectional area than the first contact layer (60).
Pertaining to claim 9, the irregularities create sloped side surfaces.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kuramoto in view of Chang et al. (US 2020/0365769).
Pertaining to claim 5, Kuramoto shows the device of claim 4, but fails to show an insulating layer disposed between the second electrode pad and the second semiconductor layer to cover a region of the second semiconductor layer, wherein the insulating layer spreads electric current injected through the second electrode pad such that the electric current flows evenly throughout the second semiconductor layer and the active layer.
However, Chang teaches in para. [0052] and FIG. 1I that, for a similar light emitting device, an insulating layer 114’ is disposed between the second semiconductor layer and the corresponding electrode pad.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the insulating layer taught by Chang in the device of Kuramoto with the motivation that the insulating layer improves current spreading and uniformity of light emission (para. [0052]).
Pertaining to claim 6, Chang teaches the insulating layer is disposed on substrate 100 which is disposed on a lower region of the second semiconductor layer 102b, and therefore the insulating layer is disposed on the lower region of the second semiconductor layer. The insulating layer is disposed in all regions of the device.
Pertaining to claim 7, Kuramoto shows the second electrode pad contacts the second semiconductor layer in the unshaded region (FIG. 1A).
Allowable Subject Matter
Claims 12-13 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 12 recites the limitation “wherein the light emitting region partially overlaps the shaded region to form an overlapping region”. The light emitting region is defined in claim 1 as having an upper surface that is placed lower than the upper surface in the non-light emitting region and being an exposed region on the upper surface of the first semiconductor layer, while the shaded region is defined in claim 4 as a region in which light is generated and emitted but is not allowed to exit from the light emitting device. The prior art of record, either singularly or in combination, does not disclose or suggest the overlap of these regions. Thus, claim 12 is found to contain allowable subject matter. Claim 13 depends on claim 12, and thus contains the same allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kotani (US 7,525,123), McKenzie (US 8,592,842), and Ko (US 10,090,439) disclose light emitting devices similar to Applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL M LUKE whose telephone number is (571)270-1569. The examiner can normally be reached Monday-Friday, 9am-5pm, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at (571) 272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL LUKE/Primary Examiner, Art Unit 2896
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