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 § 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, 3 ,5 and 7 – 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Noguchi et al. (US 2021/0193864).
(Claim 1) Noguchi et al. teach a flip-chip type light emitting element of ultraviolet light emission, the light emitting element comprising:
a p-type layer (10) comprising a p-type group III nitride semiconductor (paragraph 50); and
a p-side electrode (22) serving as a reflective electrode (paragraph 61) provided over the p-type layer (10),
wherein the p-side electrode (22) comprises Mg or an alloy containing Mg as a main component and is in contact with the p-type layer (10, paragraph 54).
(Claim 3) Noguchi et al. teach wherein a thickness of the p-side electrode is 40 nm or more (paragraph 71).
(Claim 5) Noguchi et al. teach wherein the thickness of the p-side electrode is 80 nm or more (paragraph 71).
(Claim 7) Noguchi et al. teach the light emitting element, further comprising a protective layer that is provided on and is in contact with the p-side electrode and comprises Ti, TiN, or Ni (paragraph 63).
(Claim 8) Noguchi et al. teach wherein an emission wavelength of the light emitting element is 210 nm to 280 nm (paragraph 36).
(Claim 9) Noguchi et al. teach a manufacturing method of a flip-chip type light emitting element of ultraviolet light emission,
the light emitting element including a p-type layer (10) containing a p-type group III nitride semiconductor (paragraph 50) and a p-side electrode (22) serving as a reflective electrode (paragraph 61) provided over the p-type layer, the manufacturing method comprising:
forming the p-side electrode (22) so that the p-side electrode is provided on and is in contact with the p-type layer (10) and contains Mg or an alloy containing Mg (paragraph 61) as a main component; and
performing annealing in an inert gas atmosphere at a temperature of 150°C or more and 400°C or less (paragraphs 63, 57, 58, 59, nitrogen atmosphere) for 30 seconds or more and 12 minutes or less after the forming of the p-side electrode.
(Claim 10) Noguchi et al. teach wherein the temperature in the annealing is 200°C or more and 350°C or less.
(Claim 11) Noguchi et al. teach wherein the annealing is performed for 2 minutes or more and 8 minutes or less (paragraphs 63, 57, 58, 59).
(Claim 12) Noguchi et al. teach Noguchi et al. teach wherein the annealing is performed for 2 minutes or more and 8 minutes or less (paragraphs 63, 57, 58, 59).
(Claim 13) Noguchi et al. teach wherein the forming of the p-side electrode is performed so that a thickness of the p-side electrode is 40 nm or more (paragraph 71).
(Claim 14) Noguchi et al. teach wherein the forming of the p-side electrode is performed so that the thickness of the p-side electrode is 80 nm or more (paragraph 71).
(Claim 15) Noguchi et al. teach the manufacturing method, further comprising forming a protective layer so that the protective layer is provided on and is in contact with the p-side electrode and contains Ti, TiN or Ni (paragraph 63).
(Claim 16) Noguchi et al. teach wherein the light emitting element has an emission wavelength of 210 nm to 280 nm (paragraph 36).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al. (US 2021/0193864) in view of Watanabe (WO 2023/106268; US 20250040302) and Kinoshita (US 20070284588).
(Claim 2) Noguchi et al. lack wherein a thickness of the p-side electrode is set such that reflectivity at an emission wavelength is 50% or more.
However, Watanbe teaches wherein a thickness of the p-side electrode is set such that reflectivity at an emission wavelength is 50% or more (paragraph 107).
Watanabe fail to teach the benefit of a high reflectance metal.
However, Kinoshita teaches a high reflective metal for the benefit of reflecting light out of the backside of the substrate and enhancing the light emission intensity (paragraph 100).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention incorporate the references for the benefit of reflecting light out of the backside of the substrate and enhancing the light emission intensity.
(Claim 4) Noguchi et al. teach wherein a thickness of the p-side electrode is 40 nm or more (paragraph 71).
(Claim 6) Noguchi et al. teach wherein the thickness of the p-side electrode is 80 nm or more (paragraph 71).
Conclusion
Prior art made of record and not relied upon, considered pertinent to applicant's disclosure are listed in PTO – 892 Form.
Contact Information
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/IGWE U ANYA/Primary Examiner, Art Unit 2891
July 30, 2026
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