DETAILED ACTION
Claims 1 through 17 originally filed 13 June 2022. By amendment received 30 December 2025; claims 1 and 3 through 17 are amended. Claims 1 through 17 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 .
Response to Arguments
Applicant's arguments have been fully considered; they are addressed below.
Applicant argues that the amendment to the abstract resolves the previous objection thereto. This argument is persuasive and the corresponding objection is withdrawn.
Applicant argues that the amendments to the disclosure resolves the previous objections to the drawings. This argument is persuasive and the corresponding objection is withdrawn.
Applicant argues that Babic et al. (Babic, US Patent 5,977,604) does not teach or render obvious the limitation "A second substrate that includes a constriction layer and a second DBR layer, wherein the constriction layer is in contact with the second DBR layer in the second substrate, the constriction layer includes: a constriction region; and an injection region between a first portion of the constriction region and a second portion of the constriction region" because, according to applicant, the structure of Babic is different from that which is claimed. To support this argument, applicant contends that Babic creates an undercut area in a cladding layer rather than providing an injection region of a constriction layer.
Applicant's argument is not persuasive because the language of the claim encompasses the structure set forth in Babic. Specifically, Babic teaches a constriction layer provided on a lower DBR layer that includes an injection region and constriction regions that surround the injection region (Babic, col. 7, lines 41-54 describing Figure 5H showing layer 74 corresponding to the claimed constriction layer provided atop DBR layer 66 and including an injection region provided by 82 in layer 74 which is surrounded by constriction regions provided by undercut area 78 and isolating layer 80). Since Babic teaches each feature set forth in the amended claims, the amended limitations are anticipated by Babic. As such, this argument is not persuasive.
The limitation "A second substrate that includes a constriction layer and a second DBR layer, wherein the constriction layer is in contact with the second DBR layer in the second substrate, the constriction layer includes: a constriction region; and an injection region between a first portion of the constriction region and a second portion of the constriction region" is anticipated by Babic (see below). Applicant's argument that the structure of Babic is different from that which is claimed is not persuasive because the language of the claim encompasses the structure set forth in Babic.
As such, all claims are addressed as follows:
Claim Rejections - 35 USC § 102
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 through 5, 7, 11 through 13, 16, and 17 are rejected under 35 U.S.C. 102 as being anticipated by Babic et al. (Babic, US Patent 5,977,604).
Regarding claim 1, Babic discloses, "A first substrate" (col. 7, lines 41-54 and Fig. 5B, pt. 16). "[The first substrate] includes a semiconductor layer" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 44, 66, and 76). "[The semiconductor layer] including an active layer; and a first distributed Bragg reflector (DBR) layer" (col. 7, lines 41-54 and Fig. 5B, pts. 44 and 66). "A second substrate that includes a constriction layer and a second DBR layer" (col. 7, lines 20-40, col. 8, lines 41-44, and Fig. 5H, pts. 10, 60, and 82). "Wherein the constriction layer is in contact with the second DBR layer in the second substrate" (col. 7, lines 37-40 and 61-65 and Fig. 5H, pts. 60, 74, and 78). "The constriction layer includes: a constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 74, 78, and 80, where undercut region 78 and isolating layer 80 form the constriction region). "An injection region between a first portion of the constriction region and a second portion of the constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 78, 80, and 82, where etch mesa 82 forms the injection region that is between portions of the constriction region created by isolating layer 80 and undercut area 78). "The injection region has a conductivity higher than that of the constriction region" (col. 8, lines 41-44 and Fig. 5H, pts. 78, 80, and 82). "The second substrate is in contact with the first substrate" (col. 8, lines 9-12 and Fig. 5G, pts. 10, 16, 76, and 82). "The constriction layer is adjacent to the semiconductor layer" (col. 8, lines 9-12 and Fig. 5H, pts. 76 and 78).
Regarding claim 2, Babic discloses, "Wherein the constriction region and the injection region have a refractive index difference" (col. 7-8, lines 39-40 and 67-3 and Fig. 5H, pts. 78, 80, and 82, where these materials each have different refractive indices).
Regarding claim 3, Babic discloses, "Wherein the constriction region has a ring shape that surrounds the injection region" (col. 8, lines 45-47 and Fig. 5J, pt. 82).
Regarding claim 4, Babic discloses, "Wherein the constriction region is a gap in the constriction layer" (col. 7-8, lines 67-1 and Fig. 5I, pt. 78).
Regarding claim 5, Babic discloses, "Wherein the injection region includes a conductive material" (col. 7, lines 39-40 and Fig. 5I, pts. 74 and 82). "The constriction region includes a material obtained by application of non-conductive treatment to the conductive material" (col. 7-8 and lines 66-3 and Fig. 5I, pts. 74, 80, and 82).
Regarding claim 7, Babic discloses, "Wherein the first substrate further includes a first base material" (col. 7, lines 41-54 and Fig. 5B, pt. 16). "The semiconductor layer is on the first DBR layer" (col. 7, lines 41-54 and Fig. 5B, pts. 66 and 76). "The first DBR layer is on the first base material" (col. 7, lines 41-54 and Fig. 5B, pts. 16 and 66). "The first base material includes GaAs" (col. 4, lines 6-8 and Fig. 5B, pt. 16). "Formation of the semiconductor layer and the first DBR layer on the first base material is based on crystal growth on the first base material" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 66, and 76). "Formation of the constriction layer and the second DBR layer is based on crystal growth on a second base material" (col. 7, lines 30-39 and Fig. 5A, pts. 10, 60, and 74). "[The second base material] including GaAs" (col. 7, lines 32-33 and Fig. 5A, pt. 10).
Regarding claim 11, Babic discloses, "Wherein the first DBR layer is one of a first semiconductor DBR or a first dielectric DBR" (col. 7, lines 46-47 and Fig. 5I, pt. 66). "The second DBR layer is one of a second semiconductor DBR or a second dielectric DBR" (col. 7, lines 36-37 and Fig. 5I, pt. 60).
Regarding claim 12, Babic discloses, "Wherein the vertical cavity surface emitting laser element is configured to emit a laser beam from a side of the second DBR layer" (col. 7, lines 18-22 and Fig. 5I, pt. 10).
Regarding claim 13, Babic discloses, "Wherein the vertical cavity surface emitting laser element is configured to emit a laser beam from a side of the first DBR layer" (col. 7, lines 18-22 and Fig. 5I, pt. 72).
Regarding claim 16, Babic discloses, "Forming a first substrate" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 44, 66, and 76). "[The first substrate] includes a semiconductor layer" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 44, 66, and 76). "[The semiconductor layer] including an active layer and a first distributed Bragg reflector (DBR) layer" (col. 7, lines 41-54 and Fig. 5B, pts. 44 and 66). "Forming a second substrate that includes a constriction layer and a second DBR layer" (col. 7, lines 20-40, col. 8, lines 41-44, and Fig. 5H, pts. 10, 60, and 82). "Wherein the constriction layer is in contact with the second DBR layer in the second substrate" (col. 7, lines 37-40 and 61-65 and Fig. 5H, pts. 60, 74, and 78). "The constriction layer includes a constriction regions" (col. 8, lines 41-44 and Fig. 5I, pts. 74, 78, and 80, where undercut region 78 and isolating layer 80 form the constriction region). "An injection region between a first portion of the constriction region and a second portion of the constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 78, 80, and 82, where etch mesa 82 forms the injection region that is between portions of the constriction region created by isolating layer 80 and undercut area 78). "The injection region has a conductivity higher than that of the constriction region" (col. 8, lines 41-44 and Fig. 5H, pts. 78, 80, and 82). "Bonding the first substrate and the second substrate" (col. 8, lines 9-12 and Fig. 5G, pts. 10, 16, 76, and 82). "Wherein the constriction layer is adjacent to the semiconductor layer" (col. 8, lines 9-12 and Fig. 5H, pts. 76 and 78).
Regarding claim 17, Babic discloses, "Wherein the forming of the second substrate further includes forming the constriction region and the injection region using photolithography" (col. 7, lines 55-65 and Figs. 5C and 5D, pts. 28, 74, and 78).
Claim Rejections - 35 USC § 103
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 6, 8, 10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Babic in view of Chirovsky et al. (Chirovsky, US Patent 6,169,756).
Regarding claim 6, Babic does not explicitly disclose, "Wherein the injection region includes GaAs." "The constriction region includes a GaAs fluoride." Chirovsky discloses, "Wherein the injection region includes GaAs" (col. 7, lines 1-7 and Fig. pts. 18.2 and 18.6). "The constriction region includes a GaAs fluoride" (col. 7, lines 1-7 and Fig. pt. 18.3). 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 Babic with the teachings of Chirovsky. In view of the teachings of Babic regarding a VCSEL device including a current constriction region, the alternate construction of the constriction region as a fluoride doped GaAs region, the alternate material selections for the active region, and the additional inclusion of a circuit to which the device is mounted as taught by Chirovsky would enhance the teachings of Babic by allowing the constriction region to be provided with a flat bonding region, the production of alternate emission wavelengths, and the ability to attach the device to a larger system.
Regarding claim 8, Babic does not explicitly disclose, "Wherein the active layer has a quantum well structure in which a barrier layer and a quantum well layer are in an alternate arrangement." "The barrier layer includes GaAs." "The quantum well layer includes InGaAs." Chirovsky discloses, "Wherein the active layer has a quantum well structure in which a barrier layer and a quantum well layer are in an alternate arrangement" (col. 5, lines 20-25). "The barrier layer includes GaAs" (col. 5, lines 40-47). "The quantum well layer includes InGaAs" (col. 5, lines 40-47). 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 Babic with the teachings of Chirovsky for the reasons provided above regarding claim 6.
Regarding claim 10, Babic does not explicitly disclose, "Wherein the active layer has a quantum well structure in which a barrier layer and a quantum well layer are in an alternate arrangement." "The barrier layer includes InP." "The quantum well layer includes one of InGaAs, InGaAsP, or AlGaInAs." Chirovsky discloses, "Wherein the active layer has a quantum well structure in which a barrier layer and a quantum well layer are in an alternate arrangement" (col. 5, lines 20-25). "The barrier layer includes InP" (col. 5, lines 40-47). "The quantum well layer includes one of InGaAs, InGaAsP, or AlGaInAs" (col. 5, lines 40-47). 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 Babic with the teachings of Chirovsky for the reasons provided above regarding claim 6.
Regarding claim 15, Babic discloses, "A vertical cavity surface emitting laser element mountable on the circuit substrate" (Fig. 5I). "Wherein vertical cavity surface emitting laser element includes a first substrate" (col. 7, lines 41-54 and Fig. 5B, pt. 16). "[The first substrate] includes a semiconductor layer" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 44, 66, and 76). "[The semiconductor layer] including an active layer and a first distributed Bragg reflector (DBR) layer" (col. 7, lines 41-54 and Fig. 5B, pts. 44 and 66). "A second substrate that includes a constriction layer and a second DBR layer" (col. 7, lines 20-40, col. 8, lines 41-44, and Fig. 5H, pts. 10, 60, and 82). "Wherein the constriction layer is in contact with the second DBR layer in the second substrate" (col. 7, lines 37-40 and 61-65 and Fig. 5H, pts. 60, 74, and 78). "The constriction layer includes a constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 74, 78, and 80, where undercut region 78 and isolating layer 80 form the constriction region). "An injection region between a first portion of the constriction region and a second portion of the constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 78, 80, and 82, where etch mesa 82 forms the injection region that is between portions of the constriction region created by isolating layer 80 and undercut area 78). "The injection region has a having conductivity higher than that of the constriction region" (col. 8, lines 41-44 and Fig. 5H, pts. 78, 80, and 82). "The second substrate is in contact with the first substrate" (col. 8, lines 9-12 and Fig. 5G, pts. 10, 16, 76, and 82). "The constriction layer is adjacent to the semiconductor layer" (col. 8, lines 9-12 and Fig. 5H, pts. 76 and 78). Babic does not explicitly disclose, "A circuit substrate." Chirovsky discloses, "A circuit substrate" (col. 5, lines 48-55). 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 Babic with the teachings of Chirovsky for the reasons provided above regarding claim 6.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Babic.
Regarding claim 9, Babic discloses, "Wherein the first substrate further includes a first base material" (col. 7, lines 41-54 and Fig. 5B, pt. 16). "The semiconductor layer is on the first DBR layer" (col. 7, lines 41-54 and Fig. 5B, pts. 66 and 76). "The first DBR layer formed by crystal growth is on the first base material" (col. 7, lines 41-54 and Fig. 5B, pts. 16 and 66). "Formation of the semiconductor layer and the first DBR layer on the first base material is based on crystal growth on the first base material" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 66, and 76). "The second substrate includes formation of the constriction layer and the second DBR layer formed by is based on crystal growth on a second base material" (col. 7, lines 30-39 and Fig. 5A, pts. 10, 60, and 74). "[The second base material] formed of including InP" (col. 3, lines 52-55 and Fig. 5A, pt. 10). Babic does not explicitly disclose, "The first base material includes GaAs." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the first substrate of GaAs so as to allow growth of a reflector within a GaAs based material system, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Babic in view of Chino et al. (Chino, US Patent 5,416,044).
Regarding claim 14, Babic discloses, "[The first substrate] includes a semiconductor layer" (col. 7, lines 41-54 and Fig. 5B, pts. 16, 44, 66, and 76). "[The a semiconductor layer] including an active layer and a first distributed Bragg reflector (DBR) layer" (col. 7, lines 41-54 and Fig. 5B, pts. 44 and 66). "A second substrate that includes a constriction layer and a second DBR layer" (col. 7, lines 20-40, col. 8, lines 41-44, and Fig. 5H, pts. 10, 60, and 82). "Wherein the constriction layer is in contact with the second DBR layer in the second substrate" (col. 7, lines 37-40 and 61-65 and Fig. 5H, pts. 60, 74, and 78). "The constriction layer includes a constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 74, 78, and 80, where undercut region 78 and isolating layer 80 form the constriction region). "An injection region between a first portion of the constriction region and a second portion of the constriction region" (col. 8, lines 41-44 and Fig. 5I, pts. 78, 80, and 82, where etch mesa 82 forms the injection region that is between portions of the constriction region created by isolating layer 80 and undercut area 78). "The injection region has a having conductivity higher than that of the constriction region" (col. 8, lines 41-44 and Fig. 5H, pts. 78, 80, and 82). "The second substrate is in contact with the first substrate" (col. 8, lines 9-12 and Fig. 5G, pts. 10, 16, 76, and 82). "The constriction layer is adjacent to the semiconductor layer" (col. 8, lines 9-12 and Fig. 5H, pts. 76 and 78). Babic does not explicitly disclose, "A plurality of arranged vertical cavity surface emitting laser elements." "Wherein each vertical cavity surface emitting laser element of the plurality of arranged vertical cavity surface emitting laser elements includes a first substrate." Chino discloses, "A plurality of arranged vertical cavity surface emitting laser elements" (col. 10, lines 42-54). "Wherein each vertical cavity surface emitting laser element of the plurality of arranged vertical cavity surface emitting laser elements includes a first substrate" (col. 10, lines 42-54). 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 Babic with the teachings of Chino. In view of the teachings of Babic regarding a VCSEL, the alternate construction of the VCSEL as an array as taught by Chino would enhance the teachings of Babic by allowing the production of higher output power than available to a single emission device.
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.
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/SEAN P HAGAN/Examiner, Art Unit 2828
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