DETAILED ACTION
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 § 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.
Claims 1-20 are 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 pre-AIA the applicant regards as the invention.
Regarding claims 1-20, where applicant acts as their own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. See MPEP 2173.05(a). “Photoresist” is a term with a standard definition in the art (a light-sensitive material used to form a patterned layer). The claims and specification use the term “photoresist structure” to refer to a structure formed by etching openings in a semiconductor layer ([0076]-[0078], buffer layer 10 is AlGaN). The term is indefinite because the specification does not clearly redefine the term. In light of the disclosure, the term will be interpreted as “photonic structure”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-4, 6-11, 13-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. PGPub 2020/0227592) in view of Tomoda (U.S. PGPub 2024/0355789).
Regarding claim 1, Zhang teaches a semiconductor structure (Fig. 21e) comprising:
a substrate (100, Figs. 21a-21b, [0080]),
a buffer layer, wherein the buffer layer is located on the substrate, and the buffer layer comprises a first region and a second region surrounding the first region (210, [0080]),
a light-emitting structure located on a side of the buffer layer away from the substrate (201-203, [0076]),
wherein the light-emitting structure comprises a light-emitting unit, and the light-emitting unit is disposed corresponding to the first region ([0075]-[0076]).
Zhang does not explicitly teach a photonic structure, wherein the photonic structure is formed by selectively etching the second region of the buffer layer, and the photonic structure is configured to suppress lateral propagation of light emitted by the light-emitting structure.
Tomoda teaches a semiconductor structure comprising a light-emitting structure over a semiconductor layer, wherein a photonic structure is formed by selectively etching a region of the semiconductor layer surrounding the light-emitting structure and the photonic structure is configured to suppress lateral propagation or light emitted by the light-emitting structure (Fig. 6B, 40, 10, [0043]; photonic structure 5B/52 comprising waveguide suppression unit 61 formed in region R2, [0070]-[0073], [0081]; formed by etching [0102]; waveguide suppression unit 61 is selectively formed, [0111]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Tomoda with Zhang such that the structure comprises a photonic structure, wherein the photonic structure is formed by selectively etching the second region of the buffer layer, and the photonic structure is configured to suppress lateral propagation of light emitted by the light-emitting structure for the purpose of controlling the propagation direction of emitted light (Tomoda, [0081]).
Regarding claim 2, the combination of Zhang and Tomoda teaches wherein the buffer layer comprises a plurality of first regions, and the second region surrounds the plurality of first regions and the light-emitting structure comprises a plurality of light-emitting units, and the plurality of light-emitting units are disposed in one-to-one correspondence with the plurality of first regions (Zhang, Fig. 21e, [0074]-[0075]; Tomoda, Fig. 2B, [0043], [0076]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 3, the combination of Zhang and Tomoda teaches wherein the photonic structure comprises a first photonic crystal structure, the first photonic crystal structure comprises a plurality of small holes penetrating the buffer layer, and the plurality of small holes cover the second region and are arranged at intervals or the photonic structure comprises a plurality of annular grooves penetrating the buffer layer, and the plurality of annular grooves are disposed at a same center and around the first region at intervals (Tomoda, Fig. 2C, small holes penetrating the buffer layer [0073]; Fig. 6C, grooves [0115]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 4, the combination of Zhang and Tomoda teaches a light-output structure, wherein the light-output structure is formed by selectively etching the first region of the buffer layer (Zhang, [0063]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the purpose of improving the light extraction rate (Zhang, [0063]).
Regarding claim 6, the combination of Zhang and Tomoda teaches wherein the substrate comprises a groove, the groove penetrates the substrate, and a vertical projection of the groove on the buffer layer corresponds to the first region and the second region (Zhang, Fig. 21e, 101; Fig. 10, [0060]-[0061]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 7, the combination of Zhang and Tomoda teaches wherein a maximum size of a vertical projection of the light-emitting unit on the buffer layer is less than or equal to a size of the first region of the buffer layer corresponding to the light-emitting unit (Tomoda, [0077], RA/R1). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 8, the combination of Zhang and Tomoda teaches wherein the light-emitting unit comprises a first semiconductor layer, a light-emitting layer and a second semiconductor layer which are sequentially laminated, and the first semiconductor layer is located on a surface of the side of the buffer layer away from the substrate (Zhang, 201/202/203, [0041]-[0044]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 9, the combination of Zhang and Tomoda teaches wherein the light-emitting unit further comprises a metal reflecting layer, and the metal reflecting layer is located on a side of the second semiconductor layer away from the light-emitting layer (Zhang, 103, [0051], see Fig. 21f). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 10, the combination of Zhang and Tomoda teaches a passivation layer, wherein the passivation layer is located on the side of the buffer layer away from the substrate, and the passivation layer covers a region of the buffer layer where no light-emitting unit is disposed, and the passivation layer covers a side of the light-emitting unit away from the buffer layer (Zhang, Fig. 213, 207, [0077]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 1.
Regarding claim 11, the combination of Zhang and Tomoda teaches a first through hole and a second through hole which expose the first semiconductor layer and the second semiconductor layer respectively are provided on a side of the passivation layer away from the substrate, the semiconductor structure further comprises a first electrode and a second electrode which are located within the first through hole and the second through hole respectively, the first electrode is electrically connected to the first semiconductor layer, and the second electrode is electrically connected to the second semiconductor layer through a metal reflecting layer (Zhang, Fig. 21e, 205/206, [0098]; see Fig. 21f, reflective layer 103), and the semiconductor structure further comprises a drive base plate, the drive base plate is bonded to the side of the passivation layer away from the substrate, and the drive base plate provides an electrical signal for the light-emitting unit through the first electrode and the second electrode (Tomoda, 19, [0093]-[0095]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the purpose of driving each light emitting element (Tomoda, [0093]).
Regarding claim 13, Zhang teaches a preparation method of a semiconductor structure, comprising:
providing a substrate (100, Figs. 21a-21b, [0080]),
forming a buffer layer on a side of the substrate, wherein the buffer layer comprises a first region and a second region surrounding the first region (210, [0080]), and
forming a light-emitting structure on a side of the buffer layer away from the substrate and patterning the light-emitting structure to form a light-emitting unit, wherein the light-emitting unit is disposed corresponding to the first region (201-203, [0076]).
Zhang does not explicitly teach selectively etching the second region of the buffer layer to prepare a photonic structure, wherein the photonic structure is configured to suppress lateral propagation of light emitted by the light-emitting structure.
Tomoda teaches a semiconductor structure comprising a light-emitting structure over a semiconductor layer, wherein a photonic structure is formed by selectively etching a region of the semiconductor layer surrounding the light-emitting structure and the photonic structure is configured to suppress lateral propagation or light emitted by the light-emitting structure (Fig. 6B, 40, 10, [0043]; photonic structure 5B/52 comprising waveguide suppression unit 61 formed in region R2, [0070]-[0073], [0081]; formed by etching [0102]; waveguide suppression unit 61 is selectively formed, [0111]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Tomoda with Zhang such that the method comprises selectively etching the second region of the buffer layer to prepare a photonic structure, wherein the photonic structure is configured to suppress lateral propagation of light emitted by the light-emitting structure for the purpose of controlling the propagation direction of emitted light (Tomoda, [0081]).
Regarding claim 14, the combination of Zhang and Tomoda teaches wherein selectively etching the second region of the buffer layer to prepare the photonic structure comprises:
etching a side of the substrate away from the buffer layer to form a groove that penetrates the substrate, wherein a vertical projection of the groove on the buffer layer corresponds to the first region and the second region (Zhang, Fig. 21e, 101; Fig. 10, [0060]-[0061]),
selectively etching the second region of the buffer layer to form the photonic structure, wherein the photonic structure comprises a first photonic crystal structure (Tomoda, waveguide suppression unit 61 is selectively formed, [0111]; Fig. 6B, 40, 10, [0043]; photonic structure 5B/52 comprising waveguide suppression unit 61 formed in region R2, [0070]-[0073], [0081]; formed by etching [0102]) and
wherein the first photonic crystal structure comprises a plurality of small holes penetrating the buffer layer, and the plurality of small holes cover the second region and are arranged at intervals; or the photonic structure comprises a plurality of annular grooves penetrating the buffer layer, and the plurality of annular grooves are disposed at a same center and around the first region at intervals (Tomoda, Fig. 2C, small holes penetrating the buffer layer [0073]; Fig. 6C, grooves [0115]).
It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 13.
Regarding claim 15, the combination of Zhang and Tomoda teaches wherein the buffer layer comprises a plurality of first regions, and the second region surrounds all of the plurality of first regions, and wherein patterning the light-emitting structure to form the light-emitting unit comprises patterning the light-emitting structure to form a plurality of light-emitting units, wherein the plurality of light-emitting units correspond to the plurality of first regions one to one (Zhang, Fig. 21e, [0074]-[0075]; Tomoda, Fig. 2B, [0043], [0076]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 13.
Regarding claim 16, the combination of Zhang and Tomoda teaches wherein forming the light-emitting structure on the side of the buffer layer away from the substrate comprises sequentially forming a first semiconductor layer, a light-emitting layer and a second semiconductor layer on the side of the buffer layer away from the substrate (Zhang, 201/202/203, [0041]-[0044]), and after patterning the light-emitting structure to form the light-emitting unit the method further comprises forming a metal reflecting layer on a side of the second semiconductor layer away from the light-emitting layer (103, [0051], see Fig. 21f). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 13.
Regarding claim 17, the combination of Zhang and Tomoda teaches wherein the method comprises, after forming the metal reflecting layer on the side of the second semiconductor layer away from the light-emitting layer, further comprising: forming a passivation layer on the side of the buffer layer away from the substrate, wherein the passivation layer covers a region of the buffer layer where no light-emitting unit is disposed and covers a side of the light-emitting unit away from the buffer layer (Zhang, Fig. 213, 207, [0077]), forming a first through hole and a second through hole on a side of the passivation layer away from the substrate to expose the first semiconductor layer and the metal reflecting layer respectively, forming a first electrode in the first through hole, and forming a second electrode in the second through hole, wherein the first electrode is electrically connected to the first semiconductor layer, and the second electrode is electrically connected to the second semiconductor layer through the metal reflecting layer (Zhang, Fig. 21e, 205/206, [0098]; see Fig. 21f, reflective layer 103), providing a drive base plate, and bonding the drive base plate to the side of the passivation layer away from the substrate, wherein the drive base plate provides an electrical signal for each of the light-emitting unit through the first electrode and the second electrode (Tomoda, 19, [0093]-[0095]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the reasons set forth in the rejection of claim 13.
Regarding claim 19, the combination of Zhang and Tomoda teaches wherein the first region of the buffer layer is selectively etched to prepare a light-output structure, wherein the light-output structure is configured to improve light output efficiency of the light-emitting unit (Zhang, [0063]), while the second region of the buffer layer is selectively etched to prepare the photonic structure (Tomoda, [0111]). It would have been obvious to person having ordinary skill in the art to further combine the teachings of Zhang and Tomoda for the purpose of improving the light extraction rate (Zhang, [0063]).
Claims 5 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. PGPub 2020/0227592) in view of Tomoda (U.S. PGPub 2024/0355789) and further in view of Inoue (U.S. PGPub 2016/0163937).
Regarding claim 5, the combination of Zhang and Tomoda does not explicitly teach wherein the light-output structure comprises a plurality of nano patterns located on a side of the buffer layer away from the light-emitting unit, and the plurality of nano patterns are arranged in a regular or irregular manner on the side of the buffer layer away from the light-emitting unit.
Inoue teaches etching the rear surface of a light-emitting element to form light-output structure comprising a plurality of nano patterns located on a side away from the light-emitting unit, and the plurality of nano patterns are arranged in a regular or irregular manner on the side away from the light-emitting unit (Fig. 1, 16A/21, [0046]-[0049], [0062]-[0065]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Inoue with Zhang and Tomoda such that the light-output structure comprises a plurality of nano patterns located on a side of the buffer layer away from the light-emitting unit, and the plurality of nano patterns are arranged in a regular or irregular manner on the side of the buffer layer away from the light-emitting unit for the purpose of improving light extraction efficiency (Inoue, [0017]).
Regarding claim 20, the combination of Zhang and Tomoda does not explicitly teach wherein selectively etching the first region of the buffer layer to prepare the light-output structure comprises forming a plurality of nano patterns on a side of the buffer layer away from the light-emitting unit, wherein the plurality of nano patterns are arranged in a regular or irregular manner on the side of the buffer layer away from the light-emitting unit.
Inoue teaches etching the rear surface of a light-emitting element to form light-output structure comprising a plurality of nano patterns located on a side away from the light-emitting unit, and the plurality of nano patterns are arranged in a regular or irregular manner on the side away from the light-emitting unit (Fig. 1, 16A/21, [0046]-[0049], [0062]-[0065]).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Inoue with Zhang and Tomoda such that the selectively etching the first region of the buffer layer to prepare the light-output structure comprises forming a plurality of nano patterns on a side of the buffer layer away from the light-emitting unit, wherein the plurality of nano patterns are arranged in a regular or irregular manner on the side of the buffer layer away from the light-emitting unit for the purpose of improving light extraction efficiency (Inoue, [0017]).
Claims 12 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. PGPub 2020/0227592) in view of Tomoda (U.S. PGPub 2024/0355789) and further in view of Marion (U.S. PGPub 2004/0037507).
Regarding claim 12, the combination of Zhang and Tomoda does not explicitly teach wherein an optical fiber is coupled to the groove of the substrate.
Zhang teaches wherein the groove of the substrate is a light guide groove ([0061]).
Marion teaches coupling an optical fiber to the groove of a substrate on which a light emitting element is formed ([0002], Fig. 2, [0052]-[0055], 12, 18).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Marion with Zhang and Tomoda such that an optical fiber is coupled to the groove of the substrate for the purpose of providing a light guide element (Marion, [0019]).
Regarding claim 18, the combination of Zhang and Tomoda does not explicitly teach coupling an optical fiber to the groove of the substrate.
Zhang teaches wherein the groove of the substrate is a light guide groove ([0061]).
Marion teaches coupling an optical fiber to the groove of a substrate on which a light emitting element is formed ([0002], Fig. 2, [0052]-[0055], 12, 18).
Therefore it would have been obvious to a person having ordinary skill in the art before the time of the effective filing date to combine the teachings of Marion with Zhang and Tomoda such that the method comprises coupling an optical fiber to the groove of the substrate for the purpose of providing a light guide element (Marion, [0019]).
Conclusion
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/ALIA SABUR/ Primary Examiner, Art Unit 2812
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