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 .
Response to Amendment
The Examiner acknowledges the amended claim 1. In the remarks 03/23/2026, the Applicant states that claims 1-3, 5, 6 and 21 were amended. However, the only amended claim is claim 1.
Response to Arguments
Applicant’s arguments, see pages 10-13, filed 03/23/2026, with respect to claim 1 have been fully considered and are persuasive. The 103 Rejection for claim 1 has been withdrawn.
Regarding Applicant’s request for Rejoinder, the Examiner response is: rejoinder will be considered if/when the case is allowed (MPEP 821.04).
Claim Interpretation
Claims 1-2 and 6-7 uses the word “contrast” for the p-type and n-type Bragg reflector. Paragraph [0043] from the Specification states “a high-contrast DBR means that a refractive index profile difference between high-index and low-index DBR layers is relatively large, and a low-contrast DBR means that the refractive index profile difference between high-index and low-index DBR layers is relatively small”. Hence, Examiner will interpretate contrast as the difference between high-index and low-index DBR layers.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “another high contrast n-DBR is disposed between the first active region and the low-contrast n-DBR” in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-6, and 21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 states “wherein another high contrast n-DBR is disposed between the first active region and the low-contrast n-DBR”. Paragraph [0051] states “reference numbers318 and 320 depict refractive index profile differences between a high-contrast DBR paired with an additional one pair, two pairs, or a few pairs of high-contrast DBRs inserted in the inner side of the stack, closer to the cavity”. However, the Specification does not clarify if the additional pair or pars of high contrast DBR is a p-type or n-type and Fig. 3b does not specify neither. In addition, paragraph [0051] states “an additional pair, two pairs or few pairs” while claim 1 states only “another high contrast n-DBR” which is a single layer instead of a pair of layers. Consequently the amended claim 1 raises doubt as to possession of the claimed invention at the time of filing.
Claims 2-3, 5-6, and 21 are rejected for being dependent of claim 1.
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 1-3, 5-6, and 21 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.
Claim 1 states “high-contrast p-type DBR reflector”. It is not clear what the Applicant mean with “high-contrast” since the Applicant did not define values or range to further guide the definition of high-contrast p-DBR. For examination purposes, we will consider “low-contrast p-DBR” and “high-contrast p-DBR” as any p-DBR layer where the difference in refractive index between layers is different from zero. Note: the On page 9 in the Remarks 03/23/2026, the Applicant stated that claims 1-3, 5, 6 and 21 were amended to address the 112b rejection. However, only claim 1 was amended and those amendments do not overcome the 112b rejection.
Claims 2-3, 5-6, and 21 are rejected for being dependent of claim 1.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDA ADRIANA CAMACHO ALANIS whose telephone number is (703)756-1545. The examiner can normally be reached Monday-Friday 7:30am-5:30pm Friday off.
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/FERNANDA ADRIANA CAMACHO ALANIS/Examiner, Art Unit 2828 /MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828