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
Examiner acknowledges the amendments made to claim 41. Claims 1-40,53-55,59 and 61 stand as cancelled. No new claims have been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 41-52,56-58 and 60 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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, 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 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 41-43,45 and 49-51 are rejected under 35 U.S.C. 103 as being unpatentable over Jikutani (US 20150063396 A1) in view of Kawashima (hereinafter Kawashima (459)) (US 20140377459 A1).
Regarding claim 41, Jikutani discloses
A vertical cavity surface emitting laser [100 Fig. 3] (Para. [0121]) comprising:
an active layer [105 Fig. 3] (Para. [0121]);
a first reflecting mirror [103 Fig. 3] and a second reflecting mirror [107 Fig. 3] (Para. [0133]), the active layer [105 Fig. 3] being between the first reflecting mirror [103 Fig. 3] and the second reflecting mirror [107 Fig. 3] (Para. [0133]); and
a first semiconductor layer [104 Fig. 3] (Para. [0129]) having electrical conductivity, the first semiconductor layer [104 Fig. 3] being between the active layer [105 Fig. 3] and the first reflecting mirror [103 Fig. 3] (Para. [0130]), wherein
the first reflecting mirror [103 Fig. 3] includes a first multilayered film [1031 Fig. 43] (Para. [0125]) and a second multilayered film [1034 Fig. 43] (Paras. [0126,0280]), the second multilayered film [1034 Fig. 43] having electrical conductivity and being between the first multilayered film [1031 Fig. 43] and the first semiconductor layer [104 Fig. 3] (Paras. [0127,0280]), wherein
the first multilayered film [1031 Fig. 43] includes a first low refractive index layer [103a Fig. 43] (Para. [0125]) having a first average refractive index [Fig. 14], and a first high refractive index layer [103b Fig. 43] having a second average refractive index higher than the first average refractive index [Fig. 14] (Para. [0125]); and
the second multilayered film [1034 Fig. 43] includes a second low refractive index layer [103a Fig. 43] (Paras. [0126,0280]) having a third average refractive index [Fig. 14], and a second high refractive index layer [103b Fig. 43] (Paras. [0126,0280]) having a fourth average refractive index higher than the third average refractive index [Fig. 14], wherein
assuming that a center wavelength of a reflection band of the first multilayered film [1031 Fig. 43] is λ,
a sum of an optical film thickness of the first low refractive index layer [103a in 1031 Fig. 43] and an optical film thickness of the first high refractive index layer [103b in 1031 Fig. 43] is λ/2 (Paras. [0125,0280]); and
a sum of an optical film thickness of the second low refractive index layer [103a in 1034 Fig. 43] and an optical film thickness of the second high refractive index layer [103b in 1034 Fig. 43] is greater than or equal to (n+1)λ/2 where n is an integer of 1 or more (Paras. [0126,0280]),
the optical film thickness of the second high refractive index layer [103b in 1034] (Para. [0280]) is greater than an optical film thickness of the first high refractive index layer [103b in 1031] (See Fig. 43), and
the vertical cavity surface emitting laser [100 Fig. 3] further includes an electrode [113 Fig. 3] electrically connected with the first semiconductor layer (Para. [0156]) or the second multilayered film (Para. [0156]),
the optical film thickness of the second low refractive index layer [103a in 1034 Fig. 43] is smaller than or equal to λ/4 (Para. [0281]).
Examiner notes when the optical film thicknesses of the high and low refractive index layers in [1034 Fig. 43] (Para. [0280]) are added together, a thickness value of λ is produced. This correlates to a value of n=1 in the relationship described in claim 1.
Jikutani fails to disclose,
each of the first low refractive index layer, the first high refractive index layer, the second low refractive index layer and the second high refractive index layer are made of nitride semiconductors and,
the optical film thickness of the second high refractive index layer made of a nitride semiconductor is greater than an optical film thickness of the first high refractive index layer made of a nitride semiconductor
a film thickness of the first semiconductor layer is smaller than or equal to 400nm, and
the first semiconductor layer is composed of a conductive nitride semiconductor
Kawashima (459) discloses in Fig. 7,
a first low refractive index layer [503 in 511] (Paras. [0104]), and a first high refractive index layer [504 in 511] (Para. [0104]) and a second low refractive index layer [503 in 512] (Para. [0104]) and a second high refractive index layer [504 in 512] (Para. [0104]) made of nitride semiconductors (Para. [0104]) (See Table 3) and
a conductive nitride spacer layer [506b] (Para. [0109]) with a film thickness smaller than or equal to 400nm (Para. [0109])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the nitride based reflector materials and conductive nitride spacer layer structure disclosed in Kawashima (459) into the modified device of Jikutani for the purpose of achieving high electric conductivity and positioning the active layer in accordance with a resonance peak of a standing wave. (Kawashima (459) Paras. [0109,0113])
Therefore, after the combination of the nitride materials of Kawashima (459) into the device of Jikutani as described above, the combination of Jikutani in view of Kawashima (459) discloses the limitation of:
“the optical film thickness of the second high refractive index layer [Jikutani 103b in 1034] (Jikutani Para. [0280]) made of a nitride semiconductor (Kawashima Para. [0156]) is greater than an optical film thickness of the first high refractive index layer [Jikutani 103b in 1031] (See Jikutani Fig. 43) made of a nitride semiconductor (Kawashima (459) Para. [0103])”
Regarding claim 42, Jikutani in view of Kawashima (459) as applied to claim 41 above further discloses in Fig. 3 of Jikutani,
wherein a laminate [Fig. 3] at least including the active layer [105] (Para. [0121]) and the first semiconductor layer [104] (Para. [0121]) has a mesa structure [Fig. 3] where a portion of the first semiconductor layer [104] (Para. [0121]) serves as a bottom of the mesa structure, and the electrode [113] (Para. [0156]) is electrically connected with the first semiconductor layer [104] (Para. [0156]).
Examiner notes the interpretation of the term “a bottom” will be understood to be “a surface designed to support something resting on it” as defined in Merriam-Webster Dictionary. (See PTO-892 form)
Regarding claim 43, Jikutani in view of Kawashima (459) as applied to claim 41 above further discloses in Fig. 3 of Jikutani,
wherein a laminate [Fig. 3] at least including the active layer [105] (Para. [0121]), the first semiconductor layer [104] (Para. [0121]), and the second multilayered film [1034 Fig. 43] (Para. [0126]) has a mesa structure where a portion of the second multilayered film serves as a bottom of the mesa structure [Fig. 3], and
the electrode [113] is electrically connected with the second multilayered film [1034 Fig. 43] (Para. [0156]).
Examiner notes the interpretation of the term “a bottom” will be understood to be “a surface designed to support something resting on it” as defined in Merriam-Webster Dictionary. (See PTO-892 form)
Regarding claim 45, Jikutani in view of Kawashima (459) as applied to claim 41 above further discloses in Jikutani,
wherein the second multilayered film [1034 Fig. 43] (Para. [0278]) and the first semiconductor layer [104 Fig. 3] are in contact with each other (Para. [0278]).
Examiner notes the term “contact” is being interpreted as “electrical contact” for the purposes of examination in the instant application.
Regarding claim 49, Jikutani in view of Kawashima and Kawashima (459) as applied to claim 41 above further discloses in Kawashima (459) Fig. 7,
wherein the first low refractive index layer [503 in 511] includes one or more layers (Para. [0103]) each having refractive indexes which are lower than a refractive index of GaN (See Table 3, AlGaN refractive index lower than GaN) and the first high refractive index layer [504 in 511] (Para. [0103]) includes one or more layers each having refractive indexes which are higher than the refractive index of GaN (See Table 3, InGaN refractive index higher than GaN).
Regarding claim 50, Jikutani in view of Kawashima (459) as applied to claim 41 above further discloses in Jikutani,
wherein the optical film thickness of the second high refractive index layer [103b in 1034] is greater than or equal to λ/2 (Para. [0280]).
Regarding claim 51, Jikutani in view of Kawashima (459) as applied to claim 41 above further discloses in Kawashima (459) Fig. 7,
wherein at least one of the second low refractive index layer [503 in 512] (Para. [0103]) or the second high refractive index layer [504 in 512] (Para. [0103]) includes a GaN layer (Para. [0103]).
Claims 44,47,52 and 60 are rejected under 35 U.S.C. 103 as being unpatentable over Jikutani in view of Kawashima (459) as applied to claim 41 above, and further in view of Kawashima et al. (hereinafter Kawashima) (US 20190273360 A1).
The applied Kawashima reference has common inventors with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claim 44, Jikutani in view of Kawashima (459) as discloses the device outlined in the rejection of claim 41 above and further discloses in Jikutani Fig. 3,
a laminate at least including the active layer [105] (Para. [0121]) and the first semiconductor layer [104] (Para. [0121]) has a mesa structure (Para. [01049])
The modified device of Jikutani fails to disclose,
wherein the first reflecting mirror is on a conductive substrate,
at least the first reflecting mirror has an opening, and
the vertical cavity surface emitting laser further comprises a conductor in the opening, the conductor electrically connecting the substrate with the second multilayered film.
Kawashima discloses in Fig. 2,
wherein the first reflecting mirror [204] (Para. [0075]) is on a conductive substrate [201] (Para. [0075]),
at least the first reflecting mirror [204] has an opening [209] (Para. [0075]), and
the vertical cavity surface emitting laser [200] further comprises a conductor [210] (Para. [0075]) in the opening [209]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the device structure of Kawashima in place of the device structure of the modified device of Jikutani for the purpose of providing electrical coupling between the substrate and the spacer layer and injecting carriers to the active layer. (Kawashima Paras. [0075,0087])
Regarding claim 52, Jikutani in view of Kawashima (459) discloses the device outlined in the rejection of claim 41 above and further discloses in Kawashima (459),
The first high refractive index layer [504 in 511] (Para. [0103]) includes a InGaN layer (Para. [0103])
The modified device of Jikutani fails to disclose,
wherein the first low refractive index layer has a laminate structure wherein an AlxGayIn1-x-yN layer (x is greater than or equal to 0.9, y is greater than or equal to 0 and smaller than or equal to 0.1) and a GaN layer are alternately laminated
Kawashima discloses in Fig. 1,
wherein the first low refractive index layer [102] has a laminate structure wherein an AlxGayIn1-x-yN layer [102a] (Para. [0037]) (x is greater than or equal to 0.9, y is greater than or equal to 0 and smaller than or equal to 0.1) and a GaN layer [102b] (Para. [0037]) are alternately laminated
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the use of nitride semiconductor layers as the material chosen for the high and low refractive index layers as disclosed in Kawashima in place of the materials of the reflector layers of the modified device of Jikutani as shown in Kawashima for the purpose of having a reflector with excellent heat dissipation. (Kawashima Para. [0096])
Regarding claim 47, Jikutani in view of Kawashima and Kawashima (459) as applied to claim 52 above further discloses in Fig. 1 of Kawashima,
wherein the first multilayered film [100] is in an undoped state (Para. [0040]).
Regarding claim 60, Jikutani in view of Kawashima (459) as applied to claim 41 above discloses the device outlined in the rejection of claim 41 above but fails to disclose,
A lighting apparatus comprising the vertical cavity surface emitting laser according to claim 41,
Kawashima discloses in Fig. 12,
A lighting apparatus [1000] comprising the vertical cavity surface emitting laser [1001] (Para. [0157])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the VCSEL of the modified device of Jikutani into the projector shown in Kawashima for the purpose of projecting an image of a plurality of colors onto an object. (Kawashima Para. [0157])
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Jikutani in view of Kawashima (459) as applied to claim 41 above and further in view of Kagawa et al. (hereinafter Kagawa) (JP 2001094208 A) (Examiner notes that an attached translation of the description of Kagawa will be used for the claim mapping of Kagawa. See PTO-892 form)
Regarding claim 46, Jikutani in view of Kawashima (459) as applied to claim 41 above discloses the device outlined in the rejection of claim 41 above but fails to disclose,
wherein a band-gap difference between the second high refractive index layer and the second low refractive index layer is smaller than a bandgap difference between the first high refractive index layer and the first low refractive index layer.
Kagawa discloses,
High-refractive index layers [2] (Para. [0014]) that increase in aluminum composition as they get closer to the active region [6] (Para. [0014])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the increasing aluminum composition in the high refractive index layers of Kagawa into the high refractive index layers of the modified device of Jikutani for the purpose of suppressing light absorption. (Kagawa Para. [0008])
Kagawa discloses that increasing the aluminum composition in the refractive index layers increases the band gap (Para. [0014). When the aluminum composition of the high refractive index layers of Jikutani are increased as shown in Kagawa, the aluminum composition of the high refractive index layers get closer to the aluminum composition of the low refractive index layers. Therefore, reducing the difference in the band gaps of the high and low refractive index layers as they get closer to the active region.
Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Jikutani in view of Kawashima (459) as applied to claim 41 above and further view of Yokouchi et al. (US 20080254566 A1).
Regarding claim 48, Jikutani in view of Kawashima (459) as applied to claim 41 above discloses the device outlined in the rejection of claim 41 above but fails to disclose,
wherein the second multilayered film has p-type conductivity.
Yokouchi et al. discloses in Fig. 2,
a bottom mirror [102] with p-type conductivity (Para. [0065])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement a p-type conductivity of a bottom reflector as shown in Yokouchi et al. into the modified device of Jikutani for the purpose of having a p-type mirror on the bottom side of the VCSEL allowing for more carriers through the bottom mirror.
Claim 56 and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Jikutani in view of Kawashima (459) as applied to claim 41 above and further in view of Shitomi (EP 3246744 A1).
Regarding claim 56, Jikutani in view of Kawashima (459) as applied to claim 41 above discloses the device outlined in the rejection of claim 41 above but fails to disclose,
A head up display comprising the vertical cavity surface emitting laser according to claim 41.
Shitomi discloses in Fig. 1,
A heads up display [100] comprising a light source device [11] (Para. [0023])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the VCSEL of the modified device of Jikutani into the heads-up-display of Shitomi for the purpose of creating a HUD that emits light for forming an image that can be seen at eye-level in a mobile object. (Shitomi Para. [0022,0023])
Regarding claim 57, Jikutani in view of Kawashima (459) and Shitomi as applied to claim 56 above further discloses in Shitomi
A movable body comprising the head up display according to claim 56. (Para. [0022]
Claim 58 is rejected under 35 U.S.C. 103 as being unpatentable over Jikutani in view of Kawashima (459) as applied to claim 41 above and further in of Hatzilias et al. (US 20200153204 A1).
Regarding claim 58, Jikutani in view of Kawashima (459) discloses the device outlined in the rejection of claim 41 above but fails to disclose,
A head mount display comprising the vertical cavity surface emitting laser according to claim 41.
Hatzilias et al. discloses in Fig. 1A,
A head mount display [100] (Para. [0013]) comprising vertical cavity surface emitting lasers [150] (Para. [0013])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the modified VCSEL device of Jikutani into the HMD of Hatzilias et al. for the purpose of providing artificial reality content to a use. (Hatzilias et al. Para. [0014])
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNTER J NELSON whose telephone number is (571)270-5318. The examiner can normally be reached Mon-Fri. 8:30am-5:00 ET.
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/H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828
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