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 claims 1 and 8. No new claims have been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 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.
Applicant's arguments filed 01/06/2026 regarding claims 8-12 have been fully considered but they are not persuasive.
Examiner notes that although the previous combination of Noda (093) and Noda (911) as applied to claim 8 does not disclose the amended limitation of “the angle θ differs for each of the position vectors in the two-dimensional photonic-crystal layer”, although, Figs. 12A and 12B of Noda (093) not previously relied upon for the rejection of claim 8 discloses the amended limitation of “the angle θ differs for each of the position vectors in the two-dimensional photonic-crystal layer” as recited in claim 8. (see rejection of claim 8 below).
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable Ohnishi (US 20090279579 A1) in view of Mathai et al. (hereinafter Mathai) (US 20160301188 A1) and further in view of Noda et al. (hereinafter Noda (566)) (US 20090034566 A1)
Regarding claim 1, Ohnishi discloses in Fig. 3
A two-dimensional photonic-crystal laser [Fig. 3] (Para. [0083]) comprising:
a first electrode [37] (Para. [0084]), a second electrode [36] (Para. [0084]) comprising a frame-shaped electrode [36] (Para. [0084]) including a frame-shaped portion made of a conductor (Para. [0084]), the second electrode having a window portion [361] (Para. [0085]) which is a space inside the frame-shaped portion [36] (Paras. [0084,0085]) being arranged to face a region enclosing the first electrode [37] (Paras. [0083,0084]);
a layered body [layers 31-35 Fig. 3] (Para. [0083]) sandwiched between the first electrode [37] and the second electrode [36] (Para.0084]), the layered body including an active layer [32] (Para. [0083]) and a two-dimensional photonic-crystal layer [33] (Para. [0083]) in which modified refractive index areas [332 Fig. 4] (Para. [0083]) having a refractive index different from a refractive index of a plate-shaped base body [331 Fig. 4] (Paras. [0019,0083]) are periodically arranged two-dimensionally in the base body [331 Fig. 4] (Para. [0083]), the two-dimensional photonic-crystal layer [33] being configured to emit a laser beam from the two- dimensional photonic-crystal layer [33] in a direction perpendicular to the two-dimensional photonic- crystal layer [33] (Para. [0086]) (See Fig. 5);
Ohnishi fails to disclose,
a first electrode divided into a plurality of partial electrodes
the second electrode having a window portion which is a space inside the frame-shaped portion being arranged to face a region enclosing the plurality of partial electrodes;
a lens provided on a side opposite to the layered body of the second electrode or on a surface of the layered body on the second electrode side in a manner covering the window portion.
Mathai discloses in Fig. 5,
a lens [232] provided on an emission surface of a substrate [250] (Para. [0049]).
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 lens manufactured in the manner disclosed in Mathai on the emission surface of Ohnishi for the purpose of focusing the emitted light and establishing a predetermined distance between the lens and emission layer. (Mathai Paras. [0043,0051])
Examiner notes the use of the term “or” in line 13 of claim 1. The interpretation of the limitation of lines 12-14 of claim 1 that will be used by the examiner is “on a surface of the layered body on the second electrode side in a manner covering the window portion.
When the lens of Mathai is implemented into the modified device of Noda, the lens is formed integrally on the emission side of the substrate of Noda on the second electrode side covering the light emission surface as shown by Mathai Fig. 5.
Ohnishi in view of Mathai fails to disclose,
a first electrode divided into a plurality of partial electrodes
the second electrode having a window portion which is a space inside the frame-shaped portion being arranged to face a region enclosing the plurality of partial electrodes;
Noda (566) discloses in Fig. 4,
a first electrode [33] divided into a plurality of partial electrodes [331,332,333,334] (Para. [0074])
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 partial electrode structure of Noda (566) in place of the first electrode structure of the modified device of Ohnishi for the purpose of having more precise control of a light emitting area. (Noda (566) Para. [0074,0075])
Examiner notes when the partial electrode structure of Noda (566) is implemented in place of the first electrode structure of the modified device of Ohnishi, the frame shaped second electrode of Ohnishi will therefore be enclosing “the plurality of partial electrodes [Noda (566) 331,332,333,334] (Noda (566) Para. [0074])”
Regarding claim 2, Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above further discloses,
wherein the lens [Mathai 232 Fig. 5] (Mathai Para. [0049]) is formed integrally with the layered body on the surface of the layered body on the second electrode side.
When the lens of Mathai is implemented into the modified device of Ohnishi, the lens is formed integrally on the emission side of the substrate of Ohnishi which equates to the “second electrode side”.
Regarding claim 3, Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above further discloses in Noda (566),
wherein an interval between adjacent partial electrodes [331,332,333,334] (Para. (Para. [0074]) is set such that a partial electric current flow region [411] (Para. [0074]), which is a region in the active layer [21] (Para. [0074]) where electric current is supplied from one of the plurality of partial electrodes [331 to 334] (Para. [0074]), overlaps a part of a partial electric current flow region in the active layer [21] where electric current is supplied from a partial electrode [331] adjacent to the partial electrode [332] (Para. [0074]).
Regarding claim 4, Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above further discloses,
wherein the lens [Mathai 232 Fig. 5] (Mathai Para. [0049]) is placed away from the two-dimensional photonic-crystal layer by a distance 0.5 to 2 times a focal length of the lens (Mathai Para. [0051]).
Mathai describes the lens being places at a predetermined distance from an emission layer that is consistent with a focal distance of the lens. When the lens of Mathai is formed in the same manner when implemented into the modified device of Ohnishi as disclosed in the rejection of claim 1 above, the lens will also be at a focal distance away from the emission layer.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above, and further in view of Paoli (US 5228049 A).
Regarding claim 5, Ohnishi in view of Mathai and Noda (566) discloses in Mathai Fig. 5,
a lens [232] (Para. [0049])
Ohnishi in view of Mathai and Noda (566) fails to disclose,
wherein in the lens, one of or both of a surface curvature and focal length are variable.
Paoli discloses in Fig. 7,
a lens [60] with a variable focal length (Col. 7, Lines 36-41)
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 separate contact for the lens as shown in Paoli into the modified device of Ohnishi for the lens shown in Mathai for the purpose of electronically controlling the focal length and modulation of a focal spot size. (Paoli Col. 7, Lines 63-66)
Examiner notes the use of the term “or” in line 1 of claim 5. For the purposes of examination, the interpretation of the limitation used will be a variable focal length.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above, and further in view of Nagatomo et al. (hereinafter Nagatomo) (US 20130163630 A1).
Regarding claim 6, Ohnishi in view of Mathai and Noda (566) discloses the device outline in the rejection of claim 1 but fails to disclose,
in the two-dimensional photonic-crystal layer,
each of the modified refractive index areas includes two partial modified refractive index areas, and
a shape of the two partial modified refractive index areas is set so that |k180+k90| which is an absolute value of a difference between a coupling coefficient k180 of 180° diffracted light obtained as light propagating in the two-dimensional photonic-crystal layer is diffracted by the modified refractive index area in a 180° direction and a coupling coefficient -k90 of 90° diffracted light obtained as light propagating in the two-dimensional photonic- crystal layer is diffracted by the modified refractive index area in a 90° direction is 100 cm-1 or less.
Nagatomo discloses in Fig. 6B,
in a two-dimensional photonic-crystal layer [58] (Para. [0058]),
each of modified refractive index areas includes two partial modified refractive index areas (see Fig. 3B) (Para. [0048]), and
a shape of the two partial modified refractive index areas [59] (Para. [0058]) is set so that |k180+k90| which is an absolute value of a difference between a coupling coefficient k180 of 180° [k2.0] (Para. [0058]) diffracted light obtained as light propagating in the two-dimensional photonic-crystal layer [58] (Para. [0058]) is diffracted by the modified refractive index area in a 180° direction [x-direction] (Para. [0058]) and a coupling coefficient -k90 of 90° [k0.2] (Para. [0058]) diffracted light obtained as light propagating in the two-dimensional photonic- crystal layer is diffracted by the modified refractive index area in a 90° direction [y-direction] (Para. [0058]) is 100 cm-1 or less. (Para. [0058])
Examiner notes Fig. 3D discloses two holes disposed in close proximity Para. [0048]. Para. [0059]) of Nagatomo discloses that the shape of the photonic crystal can be modified appropriately within the scope of the invention.
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 refractive index area shape of Nagatomo in place of the modified refractive index area shapes of the modified device of Ohnishi for the purpose of generating two-dimensionally symmetric oscillation. (Para. [0058])
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Ohnishi in view of Mathai and Noda (566) as applied to claim 1 above, and further in view of Noda et al. (hereinafter Noda (327)) (US 20200028327 A1)
Regarding claim 7, Ohnishi in view of Mathai and Noda (566) discloses the device outlined in the rejection of claim 1 above and further discloses in Noda (566) Fig. 4,
A plurality of partial electrodes [331,332,333,334] (Para. [0074])
Ohnishi in view of Mathai and Noda (566) fails to disclose,
further comprising a reflection portion between the plurality of partial electrodes, wherein the reflection portion is configured to reflect a laser beam.
Noda (327) discloses,
a reflection portion (Para. [0085]) surrounding a first electrode [15x] (Para. [0085]), wherein the reflection portion is made of an electrically insulating material and configured to reflect a laser beam (Para. [0085])
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 reflective portion of Noda (327) around the electrode structure of the modified device of Ohnishi for the purpose of reflecting laser light from the photonic crystal layer and emitting to the second electrode side. (Noda (327) Para. [0085])
Claims 8,9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Noda (093) (US 20160261093 A1) in view of Noda et al. (hereinafter Noda (911)) (US 20170256911 A1).
Regarding claim 8, Noda (093) discloses in Fig. 10A,
A two-dimensional photonic-crystal laser (Para. [0069]) comprising
A first electrode [251] (Para. [0070]) divided into a plurality of partial electrodes [251A, 251B, 251C] (Para. [0072])
A second electrode [252] (Para. [0069])
A layered body sandwiched between the first electrode [251] (Para. [0070]) and the second electrode [252] (Para. [0069]), the layered body including an active layer [12] (Para. [0069]) and a two-dimensional photonic-crystal layer [21] (Para. [0069]) in which modified refractive index areas [air holes 111 (See Fig. 3)] (Para. [0061,0071]) having a refractive index different from a refractive index of a plate-shaped base body [body of 21] are arranged two-dimensionally on the base body (Para. [0071]), wherein
in the two-dimensional photonic-crystal layer [21], each of the modified refractive index areas is arranged by being modulated by a predetermined modulation phase Ѱ at each lattice point of a basic two-dimensional lattice (Para. [0071]) (Fig. 10B) having periodicity determined so as to form a resonance state with a wavelength λL by forming a two-dimensional standing wave and not to emit light with the wavelength λL to outside (Para.0073]) (Fig. 10B), and
the modulation phase Ѱ is expressed by Ѱ =r↑* G'↑ using a wavevector k↑=(kx, ky) of light having the wavelength λL in the two-dimensional photonic-crystal layer [21] (Para. [0069]), an effective refractive index neff of the two-dimensional photonic-crystal layer [21] (Para. [0069]), a predetermined angle θ, a reciprocal lattice vector G'↑= (g'x, g’y) = (kx ± Ik↑I(sinθcos φ)/neff,ky±Ik↑I(sinθcos φ)/nef) expressed using an azimuth angle φ from a predetermined reference line of the basic two-dimensional lattice, and a position vector r↑ of each lattice point (Para. [0069]) (Para. [0012-0014,0030, Claim 1]).,
Fig. 10A of Noda (093) fails to disclose,
the second electrode comprising a frame-shaped electrode including a frame-shaped portion made of a conductor, the second electrode having a window portion which is a space inside the frame-shaped portion being arranged to face a region enclosing the plurality of partial electrodes, and
the angle θ differs for each of the position vectors r↑ in the two-dimensional photonic-crystal layer
Noda (093) discloses in Fig. 12B,
an angle θ differing for each of the position vectors r↑ in a two-dimensional photonic-crystal layer (see Fig. 12A) (Paras. [0078-0081])
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 different angle for each position vector of the two-dimensional photonic crystal layer as shown in Fig. 12B of Noda (093) for the purpose of achieving a desired inclination angle for output light. (Noda (093) Para. [0078])
The modified device of Noda (093) fails to disclose,
the second electrode comprising a frame-shaped electrode including a frame-shaped portion made of a conductor, the second electrode having a window portion which is a space inside the frame-shaped portion being arranged to face a region enclosing the plurality of partial electrodes,
Noda (911) discloses in Fig. 1A,
a second electrode [16A] with a frame shaped portion [162A] made of a conductor, the second electrode having a window portion [161A] facing a first electrode
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 frame shaped electrode of Noda (911) into the device of Noda (093) for the purpose of allowing laser light to pass through the window portion and to be emitted to the outside. (Noda (911) Para. [0051])
Examiner notes that Noda (911) discloses that a second electrode [16] is the top electrode, therefore the upper electrode [252] of Noda (093) will be replaced with the frame shaped electrode of Noda (911).
Regarding claim 9, Noda (093) in view of Noda (911) as applied to claim 8 above further discloses in Noda (093),
wherein the reciprocal lattice vector G'↑ is expressed by a function G'(x, y)↑=(g'x(x), g'y(y)) =(k.± Ik↑lsinθx(x)/neff, ky± Ik↑lsinθy(y)/nef) (Para. [0014]) of a position (x, y) in the two- dimensional photonic-crystal layer [21] (Para. [0069]) using sinθx(x) = sinθ(x, y) cosφ(x, y) and sinθy(y) = sinθ(x, y) sinφ (x, y) represented by an inclination angle θ(x, y) and an azimuth angle φ(x, y) of a laser beam to be emitted from the position (Para. [0014]), and the modulation phase Ѱ is defined by a function of the position which is
[Equation 1]
PNG
media_image1.png
29
175
media_image1.png
Greyscale
... (1). (Para. [0030]) (See Expressions 1 and 2 on Page 3 of the description of Noda (093))
Regarding claim 12, Noda (093) in view of Noda (911) as applied to claim 8 above further discloses,
wherein an outer perimeter of the window portion [Noda (911) 162A Fig. 1B] encompasses a projection of all of the plurality of partial electrodes [Noda (093) 251A,251B,251C Fig. 10B]
Examiner notes that the frame shaped electrode [16A] of Noda (911) surrounds the outermost edge of the device shown in Figs. 1A and 1B of Noda (911). When this structure is placed around the outermost edge of the device of Noda (093), the projections of each of the partial electrodes must be within the device edges.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Noda (093) (US 20160261093 A1) in view of Noda (911) as applied to claim 8 above, and further in view of Noda (566) (US 20090034566 A1).
Regarding claim 10, Noda (093) discloses in Fig. 10A,
adjacent partial electrodes [251A,251B, 251C] (Para. [0070])
Noda (093) in view of Noda (911) fails to disclose,
wherein an interval between adjacent partial electrodes is set such that a partial electric current flow region, which is a region in the active layer where electric current is supplied from one of the plurality of partial electrodes, overlaps a part of a partial electric current flow region in the active layer where electric current is supplied from a partial electrode adjacent to the partial electrode.
Noda (566) discloses in Fig. 4,
wherein an interval between adjacent partial electrodes [331,332,333,334] (Para. (Para. [0074]) is set such that a partial electric current flow region [411] (Para. [0074]), which is a region in the active layer [21] (Para. [0074]) where electric current is supplied from one of the plurality of partial electrodes [331 to 334] (Para. [0074]), overlaps a part of a partial electric current flow region in the active layer [21] where electric current is supplied from a partial electrode [331] adjacent to the partial electrode [332] (Para. [0074]).
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 partial electrode structure of Noda (566) in place of the partial electrode structure of the modified device of Noda (093) for the purpose of having more precise control of a light emitting area. (Noda (566) Para. [0074,0075])
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Noda (093) (US 20160261093 A1) in view of Noda (911) as applied to claim 8 above, and further in view of Noda (327)
Regarding claim 11, Noda (093) discloses
A plurality of partial electrodes [251A,251B, 251C] (Para. [0072])
Noda (093) in view Noda (911) of fails to disclose,
further comprising a reflection portion between the plurality of partial electrodes, wherein the reflection portion is made of an electrically insulating material and configured to reflect a laser beam.
Noda (327) discloses,
a reflection portion (Para. [0085]) surrounding a first electrode [15x] (Para. [0085]), wherein the reflection portion is made of an electrically insulating material and configured to reflect a laser beam (Para. [0085])
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 reflective portion of Noda (327) around the electrode structure of the modified device of Noda (093) for the purpose of reflecting laser light from the photonic crystal layer and emitting to the second electrode side. (Noda (327) Para. [0085])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner particularly notes (US 20130243026 A1) which discloses the use of a plurality of partial electrodes for the top and/or bottom electrodes of a photonic crystal device.
Further, (US 20090074024 A1) which discloses the use of a plurality of partial electrodes with overlapping current paths of neighboring partial electrodes of the plurality of partial electrodes. (See PTO-892 form)
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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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.
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/H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828