CTNF 17/963,505 CTNF 100145 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 2,6,10 and 13. New claim 16 has been added. Claims 14 and 15 stand as withdrawn. Response to Arguments Applicant’s arguments, see the Remarks, filed 02/04/2026, with respect to the rejection(s) of claim(s) 1-6,8-10,12 and 13 under 35 U.S.C. 103 have been fully considered and are persuasive. Specifically, the argument that the right triangle element of Fig. 23 of Hirose does not disclose the claimed pentagonal shape structure as recited on page7 of the remarks filed 02/04/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Higuchi et al. (hereinafter Higuchi) (US 20190013647 A1). Claim Rejections - 35 USC § 112 The previous rejections of claims 6 and 10 under 35 U.S.C 112(b) have been withdrawn in light of the amendments made to claims 6 and 10. The previous rejection of claim 13 under 35 U.S.C 112(d) has been withdrawn in light of the amendments made to claim 13. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-6,8-10, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Saito et al. (hereinafter Saito) (US 20190074663 A1) in view of Higuchi et al. (hereinafter Higuchi) (US 20190013647 A1) and further in view of Ikuta (US 20090232179 A1) Regarding claim 1, Saito discloses in Figs. 10 and 11A A surface emitting quantum cascade laser [Fig. 10] (Para. [0063]), comprising: semiconductor layers [for example, 39b] (Para. [0043]) other than a laser active layer and the laser active layer [20] (Para. [0066]); and a square-lattice [30] (Para. [0026,0065]) or rectangular-lattice photonic crystal [30] (Para. [0065]) on the laser active layer [20 Fig. 11A], wherein a unit lattice of the square-lattice or rectangular-lattice photonic crystal [spaces between columns 30 Fig. 11A] is made of a composition A [36 between columns 30 Fig. 11A] (Para. [0065]) , and a composition B [30] (Para. [0065]) having a refractive index different from a refractive index of the composition A (Para. [0066] states 36 reflects light back through active layer), and the unit lattice of the square-lattice or rectangular-lattice photonic crystal has the following structure: a columnar structure body [36] having a square [square space between square grating 30] (Para. [0026]) or rectangular bottom face and being made of the composition A (Para. [0036]) is provided; and Saito fails to disclose, wherein the composition A is a compound semiconductor composition or metal composition, the composition B is a compound semiconductor composition, and a columnar structure body having a pentagonal bottom face and being made of the composition B is provided in a central part of the columnar structure body having the square or rectangular bottom face and being made of the composition A. Higuchi discloses, A composition (composition B) of a photonic crystal layer [15a] comprising a compound semiconductor composition (Para. [0063]) a columnar structure body [15b] (Para. [0056]) having a pentagonal bottom face [Fig. 5I] (Para. [0052]) provided in a central part of a columnar structure body having a square bottom face (Para. [0050]) 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 pentagonal structure shape centrally located on square lattice points as shown in Higuchi in the device of Saito for the purpose of matching a center of gravity with each lattice point and obtaining higher light output. (Higuchi Paras. [0050,0052] Saito in view of Higuchi fails to disclose, wherein the composition A is a compound semiconductor composition or metal composition, Ikuta discloses in Fig. 1, An electrode [180] with the material of Ti/Au (Para. [0087]) 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 Ti/Au metal material of the electrode as shown in Ikuta in the electrode of the modified device of Saito for the purpose of achieving high conductivity with the electrode. Regarding claim 2, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Higuchi Fig. 3, wherein the square or rectangular bottom face comprises a shape with a side length of "a1" in a lateral direction and a side length of "a2" in a longitudinal direction (para. [0050]), and a ratio (a2/a1) of the side length (a2) in the longitudinal direction to the side length (ai) in the lateral direction is in the range of not less than 1 and not more than 2 (Para. [0050]) (see note below), and a pentagonal shape of the pentagonal bottom face is a shape lacking a right triangle shape from one corner of a square or rectangle shape [Higuchi Fig. 5I] (Para. [0052]) having a side length of "b1" in a lateral direction and a side length of "b2" in a longitudinal direction, and a ratio (b2/b1) of the side length (b2) in the longitudinal direction to the side length (b1) in the lateral direction is in a range of not less than 1 and not more than 2 (Higuchi Fig. 5I discloses symmetrical pentagon with right triangle out of top corner, therefore ratio b2/b1 is equal to 1) (Higuchi Para. [0052]). Since the lattice is formed as a square lattice, the ratio (a2/a1) of a side length in the longitudinal direction (a2) to the side length in a lateral direction (a2) is 1, since both sides of a square have the same distance magnitude. Regarding claim 5, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Saito Fig. 10, wherein the laser active layer [20] is a multi-quantum well (Para. [0043]) comprising not less than two quantum well layers (Para. [0043]), each of which contains any one of a group III-V compound semiconductor composition (Para. [0043]), a compound semiconductor composition made of ZnO and ZnMgO, or a compound semiconductor composition made of Si and SiGe. Examiner notes the interpretation of claim 5 used for the instant Office Action of the optional limitation of “any one of a group III-V compound semiconductor composition , a compound semiconductor composition made of ZnO and ZnMgO, or a compound semiconductor composition made of Si and SiGe.” is “each of which contains a group III-V compound semiconductor composition” Regarding claim 6, Saito in view of Higuchi and Ikuta as applied to claim 5 above further discloses in Saito Fig. 10, wherein the group III-V compound semiconductor composition [used in 20] (Para. [0043]) is at least one selected from the group consisting of a compound semiconductor composition made of InGaAs and AlInAs (Para. [0043]), a compound semiconductor composition made of GaAs and InGaAs, a compound semiconductor composition made of GaAs and AIGaAs, a compound semiconductor composition made of InAs and AIGaSb, a compound semiconductor composition made of GaN and AIGaN, and a compound semiconductor composition made of GaN and InGaN. Examiner notes the interpretation of claim 6 used for the instant Office Action of the optional limitation of “at least one selected from the group consisting of a compound semiconductor composition made of InGaAs and AlInAs (Para. [0043]), a compound semiconductor composition made of GaAs and InGaAs, a compound semiconductor composition made of GaAs and AIGaAs, a compound semiconductor composition made of InAs and AIGaSb, a compound semiconductor composition made of GaN and AIGaN, and a compound semiconductor composition made of GaN and InGaN.“ is “a compound semiconductor composition made of InGaAs and AlInAs” Regarding claim 8, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Saito, wherein a laser oscillation wavelength is not less than 3 µm and not more than 9 µm (Para. [0032]). Regarding claim 9, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Higuchi, wherein the composition A and/or the composition B [151] (Para. [0063]) comprises a group III-V compound semiconductor composition (Para. [0063]). Examiner notes the interpretation of claim 5 used for the instant Office Action of the optional limitation of “wherein the composition A and/or the composition B comprises a group III-V compound semiconductor composition.” Is “wherein the composition B comprises a group III-V compound semiconductor composition” Regarding claim 10, Saito in view of Higuchi and Ikuta as applied to claim 9 above further discloses in Higuchi, wherein the group III-V compound semiconductor composition [15a] is at least one compound semiconductor composition selected from the group consisting of InP, InGaAs, GaAs (Para. [0063]), AIGaAs, GaInP, InAs, AlinAs, and GaP. Regarding claim 12 , Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Ikuta Fig. 1, wherein the composition A [180] is a metal composition (Para. [0087]). Regarding claim 13, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses in Ikuta Fig. 1, Composition A [180] is a metal composition comprising gold as a main component (Para. [0087]). Regarding claim 16, Saito in view of Higuchi and Ikuta as applied to claim 1 above further discloses, Wherein, in a plan view, the columnar structure body made of the composition A [Ikuta Para. [0087]) has the square or rectangular bottom face (Higuchi Para. [0050]), and the columnar structure body made of the composition B has the pentagonal bottom face [Higuchi Fig. 5I] (Higuchi Para. [0052]) (Examiner notes when the pentagonal shape of Higuchi is implemented in the device of Saito, in a plan view as seen in Fig. 5I of Higuchi, the columnar structure body made of the composition B has the pentagonal shape as shown in Fig. 5I of Higuchi) 07-22-aia AIA Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Saito in view of Higuchi and Ikuta as applied to claim 1 above, and further in view of Watanabe et al. (hereinafter Watanabe) (US 20170012407 A1) . Regarding claim 4, Saito in view of Higuchi and Ikuta disclose the device outlined in the rejection of claim 1 above but fails to disclose, wherein a ratio of the columnar structure body having the pentagonal bottom face and being made of the composition B to the unit lattice of the square-lattice or rectangular-lattice photonic crystal is not less than 20% and not more than 80%. Watanabe discloses in Fig. 2, A ratio of a hole portion [6b] (para. [0031])to an area of a unit lattice [R2] (Para. [0031]) of equal to or smaller than 35% (Para. [0031]) 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 filling factor of Watanabe into the modified device of Saito for the purpose of having a high intensity of a magnetic field. (Watanabe Para. [0031]) 07-22-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Saito in view of Higuchi and Ikuta as applied to claim 1 above, and further in view of Hirose et al. (hereinafter Hirose 842) (US 20210249842 A1) . Regarding claim 7, Saito in view of Higuchi and Ikuta discloses the device outlined in the rejection of claim 1 above and further discloses in Saito, doping density of the semiconductor layers other than the laser active layer is not more than 1x10 19 cm -3 . The modified device of Saito fails to disclose, wherein a doping density of the laser active layer is not more than 1x10 18 cm -3 , Hirose (842) discloses, wherein a doping density of the laser active layer [12] is not more than 1x10 18 cm -3 (Para. [0054]), 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 doping density of the active layer of Hirose (842) into the active layer of the modified device of Saito for the purpose of suppressing the effect of loss caused by light absorption. (Hirose (842) Para. [0054]) 07-22-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Saito in view of Higuchi and Ikuta as applied to claim 1 above, and further in view of Deng (US 20070030873 A1) . Regarding claim 11, Saito in view of Higuchi and Ikuta discloses the device outlined in the rejection of claim 1 above and further discloses in Ikuta, wherein the composition A is an InP compound semiconductor composition or metal composition [180] (Para. [0087]) the modified device of Saito fails to disclose, the composition B is an InGaAs compound semiconductor composition. Deng discloses, A photonic crystal with a InGaAs compound semiconductor composition (Para. [0046]) 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 InGaAs material of Deng as the photonic crystal material of the modified device of Saito for the purpose of selecting the desired refractive index of the photonic crystal material. (Deng Para. [0046]) Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Claim 3 further limits the pentagonal columnar shape as claimed in claims 1 and 2. Claim 3 discloses specific dimensions of the pentagonal columnar shape as “b1” as a base side length in a lateral direction and “b2” as a base side length in a longitudinal direction. Claim 3 then limits specific dimensions of “b1’ ” as a side length lacked from the base side length of “b1” in the lateral direction of the pentagonal columnar shape and “b2’ ” as a height of a shape lacked from the pentagonal columnar portion in the longitudinal direction. Ratios of (b1’/b1) are then limited to not less than 0.1 and not more than 0.9 for rectangular lattice photonic crystals and to values of not less than 0.1 and not more than 0.5. Ratios of (b2’/b2) are limited to values not less than 0.3 and not more than 0.9 for rectangular lattice photonic crystals and not less than 0.3 and not more than 0.9 for square lattice photonic crystals. Art such as Higuchi (US 20190013647 A1) discloses a pentagonal columnar structure where the pentagonal shape is formed of a right triangle lacking in a top corner of the columnar structure but fails to provide specific details of the side length of the base pentagonal structure and the dimensions of the triangle lacking in the top corner of the shape. Art such as (JP 50724401 B2) also discloses a pentagonal columnar structure but does not disclose specific dimensions of the side lengths of the base pentagonal shape or the triangular structure lacking from the top corner. Art such as (US 20230198224 A1) and (US 20160020581 A1) discloses dimensions of a triangle lacking from a top corner of a unit lattice but does not disclose the pentagonal columnar structure in the middle of a unit lattice as claimed . Conclusion 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. 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. /H.J.N./Examiner, Art Unit 2828 /XINNING(Tom) NIU/Primary Examiner, Art Unit 2828 Application/Control Number: 17/963,505 Page 2 Art Unit: 2828 Application/Control Number: 17/963,505 Page 3 Art Unit: 2828 Application/Control Number: 17/963,505 Page 4 Art Unit: 2828 Application/Control Number: 17/963,505 Page 5 Art Unit: 2828 Application/Control Number: 17/963,505 Page 6 Art Unit: 2828 Application/Control Number: 17/963,505 Page 7 Art Unit: 2828 Application/Control Number: 17/963,505 Page 8 Art Unit: 2828 Application/Control Number: 17/963,505 Page 9 Art Unit: 2828 Application/Control Number: 17/963,505 Page 10 Art Unit: 2828 Application/Control Number: 17/963,505 Page 11 Art Unit: 2828 Application/Control Number: 17/963,505 Page 12 Art Unit: 2828 Application/Control Number: 17/963,505 Page 13 Art Unit: 2828 Application/Control Number: 17/963,505 Page 14 Art Unit: 2828
Prosecution Insights