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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/10/2026 has been entered.
Response to Amendment
Examiner acknowledges the amendments made to claims 8 and 9. Claims 1-7 have been cancelled. No New claims have been added.
Response to Arguments
Applicant’s arguments with respect to claim(s) 8-12 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 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) and Noda et al. (hereinafter Noda (375)) (US 20130039375 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]),
the angle θ being an inclination angle (Para. [0073]), relative to a normal to the two-dimensional photonic-crystal layer, of a laser beam emitted from a position corresponding to the position vector (Paras. [0073,0075])
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 inclination angle θ differs for each of the position vectors r↑ in the two-dimensional photonic-crystal layer
Noda (375) discloses in Fig. 16B,
an inclination angle θ [due to increasing a-x values] (Paras. [0088,0090]) differing for each adjacent position vectors in a two-dimensional photonic-crystal layer [741B] (see Fig. 16B) (Paras. [0088,0090])
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 differing positions of the two-dimensional photonic crystal layer as shown in Noda (375) for the purpose of allowing selectable fine tuning of an emission angle. (Noda (375) 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 (375) and 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 the 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]
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29
175
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... (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 (375) and 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 (375) and 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 (375) and 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 (375) and Noda (911) as applied to claim 8 above, and further in view of Noda et al. (hereinafter Noda (327)) (US 20200028327 A1)
Regarding claim 11, Noda (093) discloses
A plurality of partial electrodes [251A,251B, 251C] (Para. [0072])
Noda (093) in view Noda (375) and 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 (WO 2018168959 A1) which discloses the use of different positions of air holes for tuning of an emission angle. See PTO-892 form.
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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