Prosecution Insights
Last updated: October 02, 2026
Application No. 17/741,036

VERTICAL EXTERNAL-CAVITY SURFACE-EMITTING LASER

Non-Final OA §103
Filed
May 10, 2022
Priority
Nov 15, 2019 — JP 2019-207122 +1 more
Examiner
HAGAN, SEAN P
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NICHIA Corporation
OA Round
3 (Non-Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
0m
Est. Remaining
70%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
247 granted / 627 resolved
-28.6% vs TC avg
Strong +30% interview lift
Without
With
+30.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
33 currently pending
Career history
660
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
79.1%
+39.1% vs TC avg
§102
7.7%
-32.3% vs TC avg
§112
12.9%
-27.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 627 resolved cases

Office Action

§103
DETAILED ACTION Claims 1 through 20 originally filed 10 May 2022. By amendment received 21 November 2025; claims 1, 3, 4, and 18 are amended and claims 2, 7, 12, 16, and 17 are cancelled. By amendment received 14 May 2026; claim 1 is amended and claims 21 and 22 are added. Claims 1, 3 through 6, 8 through 11, 13 through 15, and 18 through 22 are addressed by this 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 14 May 2026 has been entered. Response to Arguments Applicant's arguments have been fully considered; they are addressed below. Applicant argues that the combination of Okazaki et al. (Okazaki, US Pub. 2005/0100074), Zaky (US Patent 3,900,247), and Rapoport et al. (Rapoport, US Patent 4,630,275) does not teach or render obvious the limitation "A Q switch provided in the resonator" because, according to applicant, Zaky does not employ such an element. To support this argument, applicant contends that the modulator 11 of Zaky is merely a component of a Q-switch. Applicant's argument is not persuasive because Zaky contradicts the present argument. Specifically, Zaky teaches a laser cavity that includes a gain medium and an optical arrangement that includes a polarizer, a polarizer separator, an EO modulator, and a quarter-wave plate (Zaky, col. 2, lines 53-63 describing the arrangement of Figure 1 in which a cavity is formed between light source 15 and mirror 14 in which light source 15 provides gain and the optical arrangement including elements 10, 11, 13, and 16). Operation of this optical arrangement of Zaky changes the amount of light fed back to the gain medium (Zaky, col. 3-4, lines 52-16 describing the operation of the arrangement of Figure 1 such that light is either entirely fed back to the light source 15 or is outputted from the cavity along path 18 depending on the operation of modulator 11). In this manner, the optical arrangement of Zaky that is composed of the polarizing elements as well as the EO modulator operates as a Q-switch. Since Zaky teaches use of an optical arrangement that operates as a Q-switch within the laser cavity, it would have been obvious to one of ordinary skill in the art to employ such a Q-switch within a device according to the combined teachings of Okazaki, Zaky, and Rapoport. As such, this argument is not persuasive. The limitation "A Q switch provided in the resonator" is rendered obvious by the combined teachings of Okazaki, Zaky, and Rapoport (see below). Applicant's argument that Zaky does not employ such an element is not persuasive because Zaky contradicts the present argument. As such, all claims are addressed as follows: 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 (i.e., changing from AIA to pre-AIA ) 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 3 through 6, 8 through 11, 13 through 15, and 18 through 21 are rejected under 35 U.S.C. 103 as being unpatentable over Okazaki et al. (Okazaki, US Pub. 2005/0100074), in view of Zaky (US Patent 3,900,247), and further in view of Rapoport et al. (Rapoport, US Patent 4,630,275). Regarding claim 1, Okazaki discloses, "The vertical external-cavity surface-emitting laser" (p. [0044] and Figs. 2 and 3, pts. 32, 34, 38, 46, and 49, where the arrangement described is the arrangement of a vertical external cavity surface emitting laser). "A resonator comprising at least two mirrors" (p. [0044] and Figs. 2 and 3, pts. 32, 38, and 46). "A semiconductor laser medium disposed in the resonator" (p. [0040] and Fig. 2, pt. 34). Okazaki does not explicitly disclose, "A Q switch provided in the resonator." "Wherein the Q switch is configured such that… the Q switch lowers a Q factor of the resonator from (i) a first level… to (ii) a second level." "[The first level] at which the vertical external cavity surface-emitting laser does not output the light pulse." "[The second level] at which the vertical external-cavity surface-emitting laser outputs the light pulse." "[The Q switch lowers the Q factor] when power of light amplified by the semiconductor laser medium has reached a predetermined level." Zaky discloses, "A Q switch provided in the resonator" (col. 3, lines 5-13 and Fig. 1, pt. 11). "Wherein the Q switch is configured such that… the Q switch lowers a Q factor of the resonator from (i) a first level… to (ii) a second level" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where the operation of crystal 11 necessarily causes reduction in Q factor because the oscillating light is caused to exit the cavity by splitter 10 rather than return to source 15 when crystal 11 is activated). "[The first level] at which the vertical external cavity surface-emitting laser does not output the light pulse" (col. 3, lines 5-18, col. 3, lines 52-65, and Fig. 1, pts. 10, 11, 12, 17, and 18, where the first level corresponds to the level at which light contains only vertically polarized components and is returned to the source). "[The second level] at which the vertical external-cavity surface-emitting laser outputs the light pulse" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where the second level corresponds to the level at which the reflected light is caused to have horizontally polarized components that are extracted from the cavity). "[The Q switch lowers the Q factor] when power of light amplified by the semiconductor laser medium has reached a predetermined level" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where this modulation emits light after a predetermined time which corresponds to a predetermined degree of amplification that necessarily produces a particular level of output light). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky. In view of the teachings of Okazaki regarding an external cavity laser, the additional inclusion of a Q-switch for providing cavity dumping as taught by Zaky would enhance the teachings of Okazaki by providing a configuration in which high energy pulses may be generated by the laser device. The combination of Okazaki and Zaky does not explicitly disclose, "A seed light source configured to output injection synchronization light." "[The synchronization light injected] to a first of the mirrors constituting the resonator." "[The synchronization light injected] via a surface on a side opposite to a surface facing the semiconductor laser medium." "[The Q switch lowers the Q factor] after the seed light source outputs the injection synchronization light to the first of the mirrors." Rapoport discloses, "A seed light source configured to output injection synchronization light" (col. 2, lines 16-24 and Fig. 1, pt. 18). "[The synchronization light injected] to a first of the mirrors constituting the resonator" (col. 2, lines 16-24 and Fig. 1, pts. 13 and 18). "[The synchronization light injected] via a surface on a side opposite to a surface facing the semiconductor laser medium" (col. 2, lines 16-24 and Fig. 1, pts. 10, 13, and 18). "[The Q switch lowers the Q factor] after the seed light source outputs the injection synchronization light to the first of the mirrors" (col. 2, lines 16-24 and Fig. 1, pts. 14 and 18). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Okazaki and Zaky with the teachings of Rapoport. In view of the teachings of Okazaki regarding an external cavity laser and the teachings of Zaky regarding the provision of a Q-switch for providing cavity dumping, the additional inclusion of a seed laser for injection locking as taught by Rapoport would enhance the teachings of Okazaki and Zaky by providing a mechanism for locking the emission wavelength of the laser device. Regarding claim 3, Okazaki does not explicitly disclose, "Wherein the Q switch is configured such that, when the power approaches or reaches a steady-state value, the Q switch switches the Q factor to the second level." Zaky discloses, "Wherein the Q switch is configured such that, when the power approaches or reaches a steady-state value, the Q switch switches the Q factor to the second level" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where the intensity within the resonator must approach or reach a steady state while the Q switch is not set to output light). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky for the reasons provided above regarding claim 1. Regarding claim 4, Okazaki does not explicitly disclose, "Wherein the Q switch is configured to switch the Q factor mechanically, acoustically, or electro-optically." Zaky discloses, "Wherein the Q switch is configured to switch the Q factor mechanically, acoustically, or electro-optically" (col. 3, lines 5-13 and Fig. 1, pt. 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky for the reasons provided above regarding claim 1. Regarding claim 5, Okazaki does not explicitly disclose, "Wherein the Q switch is configured to switch the Q factor mechanically, acoustically, or electro-optically." Zaky discloses, "Wherein the Q switch is configured to switch the Q factor mechanically, acoustically, or electro-optically" (col. 3, lines 5-13 and Fig. 1, pt. 11). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky for the reasons provided above regarding claim 1. Regarding claim 6, Okazaki discloses, "Wherein (i) a first of the mirrors constituting the resonator, and (ii) the semiconductor laser medium, are formed on an identical chip" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 8, Okazaki discloses, "Wherein (i) a first of the mirrors constituting the resonator, and (ii) the semiconductor laser medium, are formed on an identical chip" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 9, Okazaki discloses, "Wherein (i) a first of the mirrors constituting the resonator, and (ii) the semiconductor laser medium, are formed on an identical chip" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 10, Okazaki discloses, "Wherein (i) a first of the mirrors constituting the resonator, and (ii) the semiconductor laser medium, are formed on an identical chip" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 11, Okazaki discloses, "Wherein the semiconductor laser medium is an active layer joined to said one of the mirrors constituting the resonator" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 13, Okazaki discloses, "Wherein the semiconductor laser medium is an active layer joined to said one of the mirrors constituting the resonator" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 14, Okazaki discloses, "Wherein the semiconductor laser medium is an active layer joined to said one of the mirrors constituting the resonator" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 15, Okazaki discloses, "Wherein the semiconductor laser medium is an active layer joined to said one of the mirrors constituting the resonator" (p. [0040] and Fig. 2, pts. 32, 34, and 38). Regarding claim 18, The combination of Okazaki, Zaky, and Rapoport does not explicitly disclose, "Wherein a resonator length of the resonator is an integral multiple of a wavelength of the injection synchronization light." The examiner takes Official Notice of the fact that it was known in the art to design a laser cavity to employ an integer multiple of the oscillation wavelength so as to cause the laser cavity to promote that wavelength. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the length of the cavity to be an integer multiple of the seed wavelength so as to configure the laser cavity to support the seeded wavelength, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 19, Okazaki discloses, "An excitation light source configured to excite the semiconductor laser medium" (p. [0044] and Fig. 3, pt. 24). Regarding claim 20, Okazaki discloses, "A current source configured to excite the semiconductor laser medium" (p. [0038] and Figs. 1 and 3, pts. 20, 21, and 24, where a current source is necessary to operate light source 24 so as to excite laser 38). Regarding claim 21, Okazaki does not explicitly disclose, "Wherein when the Q-factor is at the first level, the resonator acts as a self-excited oscillator." Zaky discloses, "Wherein when the Q-factor is at the first level, the resonator acts as a self-excited oscillator" (col. 3, lines 5-18, col. 3, lines 52-65, and Fig. 1, pts. 10, 11, 12, 17, and 18, where operation at the first level necessarily causes light to build up in the cavity such that the cavity operates as a self-excited oscillator). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky for the reasons provided above regarding claim 1. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Okazaki in view of Zaky. Regarding claim 22, Okazaki discloses, "The vertical external-cavity surface-emitting laser" (p. [0044] and Figs. 2 and 3, pts. 32, 34, 38, 46, and 49, where the arrangement described is the arrangement of a vertical external cavity surface emitting laser). "A resonator comprising at least two mirrors" (p. [0044] and Figs. 2 and 3, pts. 32, 38, and 46). "A semiconductor laser medium disposed in the resonator" (p. [0040] and Fig. 2, pt. 34). Okazaki does not explicitly disclose, "A Q switch provided in the resonator." "Wherein the Q switch is configured such that… the Q switch lowers a Q factor of the resonator from (i) a first level… to (ii) a second level." "[The first level] at which the vertical external cavity surface-emitting laser does not output the light pulse." "[The second level] at which the vertical external-cavity surface-emitting laser outputs the light pulse." "[The Q switch lowers the Q factor] when power of light amplified by the semiconductor laser medium has reached a predetermined level." Zaky discloses, "A Q switch provided in the resonator" (col. 3, lines 5-13 and Fig. 1, pt. 11). "Wherein the Q switch is configured such that… the Q switch lowers a Q factor of the resonator from (i) a first level… to (ii) a second level" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where the operation of crystal 11 necessarily causes reduction in Q factor because the oscillating light is caused to exit the cavity by splitter 10 rather than return to source 15 when crystal 11 is activated). "[The first level] at which the vertical external cavity surface-emitting laser does not output the light pulse" (col. 3, lines 5-18, col. 3, lines 52-65, and Fig. 1, pts. 10, 11, 12, 17, and 18, where the first level corresponds to the level at which light contains only vertically polarized components and is returned to the source). "[The second level] at which the vertical external-cavity surface-emitting laser outputs the light pulse" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where the second level corresponds to the level at which the reflected light is caused to have horizontally polarized components that are extracted from the cavity). "[The Q switch lowers the Q factor] when power of light amplified by the semiconductor laser medium has reached a predetermined level" (col. 3-4, lines 66-16 and Fig. 1, pts. 10, 11, 12, 17, and 18, where this modulation emits light after a predetermined time which corresponds to a predetermined degree of amplification that necessarily produces a particular level of output light). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Okazaki with the teachings of Zaky for the reasons provided above regarding claim 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Thomson et al. (Thomson, US Patent 5,815,250) is cited for teaching the use of a cavity dumping mechanism using an EO switch to Q-switch a cavity. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Hagan whose telephone number is (571)270-1242. The examiner can normally be reached Monday - Thursday, 8:30AM-5:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at 571-272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SEAN P HAGAN/Examiner, Art Unit 2828
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Prosecution Timeline

May 10, 2022
Application Filed
Sep 16, 2025
Non-Final Rejection mailed — §103
Nov 21, 2025
Response Filed
Mar 12, 2026
Final Rejection mailed — §103
May 14, 2026
Request for Continued Examination
May 19, 2026
Response after Non-Final Action
Aug 26, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
39%
Grant Probability
70%
With Interview (+30.4%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 627 resolved cases by this examiner. Grant probability derived from career allowance rate.

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