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
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.
Claims 15 and 17 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.
Claims 15 and 17 recite a limitation "a degradation rate". This term is making the claims indefinite, since it is not clear to what element degradation rate is referring.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 36 is rejected under 35 U.S.C. 112(d) as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claim discloses a limitation: “Silicon contaminates are less than 0.01 ppm”, however, claim 2 on which claim 36 depends already discloses that “the internal surfaces are free of Silicon contaminates”. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
For the purpose of examination, the limitations as presented have been searched and considered.
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 2, 5, 13, 15, 17 and 36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagano et al. (7,226,222), hereinafter ‘222.
Regarding claim 2, Fig 2 of ‘222 discloses:
2. “A sealed container [50] packaging a plurality of individual laser diodes [LD11-14] for providing a laser beam [B];
the sealed container [50] defining an internal cavity [sealed space] and internal surfaces [internal walls of elements 51,52,53];
wherein the internal surfaces are free of Silicon contaminates, whereby SiO2 is not formed during operation of the laser diode [the reference does not disclose that Silicon is present on the internal surfaces, in addition Silicon-free adhesive is used to prevent contamination of the surfaces with SiO2, col. 9 ln. 39-45]; and
wherein the internal cavity contains a means to prevent the formation of Carbon contaminates on the internal surfaces [package is filled with a mixture of oxygen and nitrogen gas to prevent decomposed hydrocarbon components from forming into solid particles, col. 10 ln. 15-30].”
Regarding claims 5, 13, 15, 17 and 36, ‘222 discloses a sealed container:
5. “wherein the laser beam [B] is a blue laser beam [GaN laser diodes emitting 350-500 nm wavelength].”
13. “wherein the sealed container has an 80% laser lifetime of at least 10,000 hours.” Structure of the device implies it’s function, no additional structure is disclosed that would differentiate the claimed invention from the prior art. Applicant’s specification clearly discloses that the extended lifetime is a direct result of the sealed package being free of Silicon contaminates and containing Oxygen in the gas of internal atmosphere, which are the same measures undertaken by the reference.
15. “wherein a degradation rate is 2.5% per khrs or less.” Structure of the device implies it’s function, no additional structure is disclosed that would differentiate the claimed invention from the prior art. Applicant’s specification clearly discloses that the degradation rate is a direct result of the sealed package being free of Silicon contaminates and containing Oxygen in the gas of internal atmosphere, which are the same measures undertaken by the reference.
17. “wherein a degradation rate is 1.5% per khrs or less.” Structure of the device implies it’s function, no additional structure is disclosed that would differentiate the claimed invention from the prior art. Applicant’s specification clearly discloses that the degradation rate is a direct result of the sealed package being free of Silicon contaminates and containing Oxygen in the gas of internal atmosphere, which are the same measures undertaken by the reference.
36. “wherein the Silicon contaminates are less than 0.01 ppm Silicon within the sealed container.” The reference discloses that the device is free from Silicon contaminates.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim 2 recites a limitation “a means to prevent the formation of Carbon contaminates on the internal surfaces”. This limitation meets the three-prong test outlined above, and therefore the claim is presumed to invoke 112(f). Applicant’s specification (paragraphs 0068-69) describes preventing the formation of Carbon contaminates on the internal surface by filling the package with a mixture of oxygen and nitrogen gas to prevent decomposed hydrocarbon components from forming into solid particles.
Response to Arguments
Applicant’s arguments filed on 12/05/25 have been considered but they are moot because of the new grounds of rejection.
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s attention is drawn to the references cited on form PTO-892 in the previous office action, which lists other references with similar features as the invention.
Information Disclosure Statement
The applicant is reminded of the 37 CFR 1.56 Duty to disclose information material to patentability:
(a) A patent by its very nature is affected with a public interest. The public interest is best served, and the most effective patent examination occurs when, at the time an application is being examined, the Office is aware of and evaluates the teachings of all information material to patentability. Each individual associated with the filing and prosecution of a patent application has a duty of candor and good faith in dealing with the Office, which includes a duty to disclose to the Office all information known to that individual to be material to patentability as defined in this section. The duty to disclose information exists with respect to each pending claim until the claim is cancelled or withdrawn from consideration, or the application becomes abandoned. Information material to the patentability of a claim that is cancelled or withdrawn from consideration need not be submitted if the information is not material to the patentability of any claim remaining under consideration in the application. There is no duty to submit information which is not material to the patentability of any existing claim. The duty to disclose all information known to be material to patentability is deemed to be satisfied if all information known to be material to patentability of any claim issued in a patent was cited by the Office or submitted to the Office in the manner prescribed by §§ 1.97(b)-(d) and 1.98. However, no patent will be granted on an application in connection with which fraud on the Office was practiced or attempted or the duty of disclosure was violated through bad faith or intentional misconduct. The Office encourages applicants to carefully examine:
(1) Prior art cited in search reports of a foreign patent office in a counterpart application, and
(2) The closest information over which individuals associated with the filing or prosecution of a patent application believe any pending claim patentably defines, to make sure that any material information contained therein is disclosed to the Office.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Info
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. A. GOLUB-MILLER whose telephone number is (571)272-8602. The examiner can normally be reached on M-F 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached on (571) 272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. A. Golub-Miller/Primary Examiner, Art Unit 2828