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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species I in the reply filed on 11/24/2025 is acknowledged.
Claims 18-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/24/2025.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C.
119 (a)-(d) to the national stage application PCT/JP2021/015166. The national stage
application is not in English. The certified copy of the national stage priority application
PCT/JP2021/015166 has been received.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “relatively close” and “relatively far” in claim 1 are relative terms which renders the claim indefinite. The terms “relatively close” and “relatively far” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
The use of the term “relatively” directly followed by “close” and “far” raising ambiguity on how close or far the respective “near half part” and “far half part” must be to the light emission unit in order to fully meet the limitations of the claim. The specification also does not disclose how close or far the respective “half parts” must be to the light emission unit to meet the limitations of the claim.
For the purposes of examination in the instant application, the term “relatively close” in regard to the near half part in relation to the light emission unit is understood to mean, between the electrode unit and the light emission unit.
Similarly, the “relatively far” in regard to the far half part in relation to the light emission unit is understood to mean, the electrode unit is between the “far half part” and the light emission unit.
Further, The terms “near half” and “far half” in claims 1,3 and 5-9 are relative terms which renders the claim indefinite. The term “near half” and “far half” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Examiner notes that although the terms “near half” and “far half” appear to be labels for specific sides of the electrode unit of the claimed application, the terms “near” and “far” are not directly defined or given boundaries of what is near or far. Therefore, there is no specific tie to which half of the device is the near half or the far half as there is no degree disclosed to what meets the limitations of “near” and “far” in relation to the electrode and light emitting units of the device. Further, with the light emitting unit including a plurality of light emitting units, there is confusion of which half the device is supposed to be limited as the “near half” or the “far half” in relation to the plurality of light emitting units.
For the purposes of examination in the instant application, the term “near half part” is understood to be the right half part of the electrode unit and the term “far half part” is understood to be the left half part of the electrode unit.
Claims 2-17 are rejected at least on their dependency to indefinite claim 1.
Claim 4 is rejected at least on its dependency to indefinite claims 3 and 1.
Appropriate correction is required
Claim Interpretation
Examiner notes for the purposes of examination in the instant application, claim 2 is limited to “wherein the degassing unit is an opening”, as shown in Figs. 1-4 and disclosed as a “cutout” in paragraph [0034] of the specification of the claimed application since the options of “a notch” and “a thin film” are only shown in non-elected species.
Further details in regard to the treatment of similar claims as shown in claim 2 are described in MPEP § 803.02 III. Examiner notes in the instant application an election of species has been made showing the degassing unit as an opening as described above. Example 1 in MPEP § 803.02 III (C) discloses that the Examiner can reject the species over prior art and then indicate that the other species of the claim have not been searched and examined as disclosed above and shown in the prior art rejection of claim 2.
Further noting MPEP § 803.02 III (C)(2), if the elected species is not anticipated by or obvious over the prior art, the examiner should extend the search and examination to a non-elected species until prior art is found that anticipates or renders obvious a species of the species grouping that includes the elected species or until it is determined that no prior art rejection of any species of the species group including the elected species. In the instant case, if no prior art can be found to anticipate the degassing unit being an opening, examination will further extend to the interpretation of the degassing unit being a notch or a thin film. (See MPEP § 803.02 III)
Claim Rejections - 35 USC § 103
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 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.
Claims 1,2 and 5-16 rejected under 35 U.S.C. 103 as being unpatentable over Joseph (US 20110176567 A1) in view of Wang et al. (hereinafter Wang) (US 20050195882 A1)
Regarding claim 1, Joseph discloses
A surface emitting laser apparatus [100 Fig. 2] (Para. [0027]) comprising:
a stacked structure [Figs. 1 and 2] (Paras. [0027,0041]) having at least one light emission unit [101 Fig. 1] (Para. ]0029]) including a first oxidized constriction layer [110 in 103 Fig. 1] (Para. [0036]) and an electrode unit [105 Fig. 1] (Para. 0029]) including a second oxidized constriction layer [110 in 105] (Para. [0036]) at different positions in an in-plane direction [varying directions left to right Fig. 1]; and
a conductive layer [122 Fig. 2] (Para. [0046]) that makes the light emission unit [103 Fig. 1] and the electrode unit [105 Fig. 1] conductive with each other (Para. [0046]),
wherein the conductive layer [122 Fig. 2] includes, in the stacked structure,
a first portion [portion of 122 on right side Fig. 2 of electrode unit 105 Fig. 1] covering a region [flat space above 104 Fig. 2 between 105 and 103 Fig. 1] between the light emission unit [103 Fig. 1] and the electrode unit [105 Fig. 1],
a second portion [portion of 122 on right side face Fig. 2 of electrode unit 105 Fig. 1] covering a near half part of the electrode unit [right face of electrode unit 105 Figs. 1 and 2], the near half part being relatively close to the light emission unit [103 Fig. 1], and
a third portion [portion of 122 on left side face Fig. 2 of electrode unit 105 Fig. 1] covering a far half part of the electrode unit [left face of electrode unit 105 Figs. 1 and 2], the far half part being relatively far from the light emission unit [103 Fig. 1], and
Joseph fails to disclose,
a degassing unit is provided in the first portion and/or the second portion and the third portion.
Wang discloses in Fig. 1,
a degassing unit [122] in a standing attachment structure [120] (Para. [0026])
Examiner notes that the openings of Wang remove the entire standing structure portion to the base of the diode. Therefore, forming the openings of Wang in the device of Joseph will create openings extending to the base of the mesas of Joseph. An opening extending to the base of the mesa of Joseph will encompass openings in the first portion (connection of flat surface between 105 and 103 Joseph Fig. 1), second portion (right side face 105 Fig. 1 Joseph) and third portion (left side face 105 Joseph Fig. 1).
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 openings of Wang into the mesas of Joseph for the purpose of preventing trapped gas from disrupting further attachments made to the mesa structure (Wang Para. [0026])
Examiner notes that paragraph [0034] of the specification of the claimed application discloses that the degassing unit is a cutout of the conductive layer. Therefore the degassing unit is understood to be a portion of the device that is lacking a conductive layer.
The mesa structures [105,103 Fig. 1] of Joseph are further bonded with heat sinks [124 Fig. 2] (Para. [0040]) and flip-chip bonded to a separate adhesion layer [200 Fig. 4] (Para. [0042]). The mesa structures [105,103 Fig. 1] of Joseph are also formed as standing structures which stand-alone respectively from the substrate [102 Fig. 1]. The openings [122 Fig. 1] of Wang are used to prevent trapped gas of the standing structures [120 Fig. 1] of Wang during further bonding attachments. Therefore, the openings of Wang could be used to improve the further bonding steps of the standing structures (mesa structures) of Joseph.
Regarding claim 2, Joseph in view of Wang as applied to claim 1 above further discloses in Wang Fig. 1,
wherein the degassing unit [122] is an opening, a notch, or a thin film. (Para. [0026])
Examiner notes for the purposes of examination in the instant application, the interpretation of claim 2 will be “wherein the degassing unit is an opening”.
Regarding claim 5, Joseph in view of Wang as applied to claim 1 above further discloses
wherein the degassing unit [Wang 122 Fig. 1] is provided at least in a part of the second portion [Joseph right side surface of 105 Fig. 1] covering a side surface of the near half part [Joseph right side face 105 Fig. 1] and/or a part of the third portion covering a side surface of the far half part [Joseph left side face 105 Fig. 1].
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure as well as to the connection of the first and second portions of Joseph (connection of side face of 105 Fig. 1 Joseph and base of 105 Joseph 105 Fig. 1).
Regarding claim 6, Joseph in view of Wang as applied to claim 1 above further discloses
wherein the degassing unit [Wang 122 Fig. 1] (Para. [0026]) is provided at least in a position in a part of the second portion covering a side surface of the near half part [Joseph right side surface of 105 Fig. 1] and/or a part of the third portion covering a side surface of the far half part [Joseph left side face 105 Fig. 1], the position corresponding to an outer circumferential surface of the second oxidized constriction layer [Joseph 110 in 105 Fig. 1] (Para. [0036]).
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure [105] of Joseph and therefore will also be in a position corresponding to an outer circumferential surface of the second oxidized constriction layer [Joseph 110 in 105 Fig. 1]
Regarding claim 7, Joseph in view of Wang as applied to claim 1 above further discloses
wherein the degassing unit [Wang 122 Fig. 1] (Para. [0026]) is provided at least in a part of the second portion covering an upper surface of the near half part [Joseph upper surface of right side face 105 Fig. 1] and/or a part of the third portion covering an upper surface of the far half part [Joseph upper surface of left side face 105 Fig. 1].
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure [105 Fig. 1] of Joseph from the top of the mesa structure to the base of mesa structure as shown in Wang and therefore will also be provided in at least a part of a portion covering an upper surface of the mesa [Joseph upper face of 105 Fig. 1] on both sides of the mesa structure
Regarding claim 8, Joseph in view of Wang as applied to claim 1 above further discloses,
wherein the degassing unit [Wang 122 Fig. 1] (Para. [0026]) is provided at least in a part of the second portion covering an outer circumferential part of an upper surface of the near half part [Joseph upper surface and right side face of 105 Fig. 1] and/or a part of the third portion covering an outer circumferential part of an upper surface of the far half part [Joseph upper surface and left side face of 105 Fig. 1].
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure [105 Fig. 1] of Joseph from the top of the mesa structure to the base of mesa structure as shown in Wang and therefore will also be provided in at least a part of a portion covering an outer circumferential part of an upper surface of the mesa [Joseph upper face of 105 Fig. 1] on both sides of the mesa structure
Regarding claim 9, Joseph in view of Wang as applied to claim 1 above further discloses
wherein the degassing unit [Wang 122 Fig. 1[ (Para. [0026]) is provided at least in a part of the second portion covering a corner part formed between an upper surface and a side surface of the near half part [Joseph connection of upper surface and right side face 105 Fig. 1] and/or a part of the third portion covering a corner part formed between an upper surface and a side surface of the far half part [Joseph connection of upper surface and left side face 105 Fig. 1].
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure [105 Fig. 1] of Joseph from the top of the mesa structure to the base of mesa structure as shown in Wang and therefore will also be provided in at least a part of a portion covering a corner part of a connection of an upper surface of the mesa [Joseph upper face of 105 Fig. 1] to both side surfaces of the mesas [Joseph left and right side faces 105 Fig. 1] on both sides of the mesa structure
Regarding claim 10, Joseph in view of Wang as applied to claim 1 above further discloses
wherein the degassing unit [Wang 122 Fig.1] (Para. [0026]) is provided at least at a boundary between the first portion and the second portion [Joseph connection of right side face of mesa 105 to base of mesa Fig. 1].
When the openings of Wang are formed on four sides of the mesa structure down to the base in Joseph as shown in Wang, the openings will be provided along each side face of the mesa structure [105 Fig. 1] of Joseph from the top of the mesa structure to the base of mesa structure as shown in Wang and therefore will be provided at the connection of the side faces of the mesa to the base of the mesa
Regarding claim 11, Joseph in view of Wang as applied to claim 1 above further discloses
wherein at least a part of the degassing unit [Wang 122 Fig. 1] (Para. [0026]) is provided at a position within 35 µm from an oxidized region of the second oxidized constriction layer [Joseph 110 in 105 Fig. 1] (Para. [0026]) in the conductive layer [Joseph 122 Fig. 2] (Para. [0046]).
Oxidation layer [110] of Joseph shown to extend to edge of mesa structure [105] of Joseph in Fig. 1 and therefore will be directly next to the opening structure [122] of Wang implemented into the device of Joseph
Regarding claim 12, Joseph in view of Wang as applied to claim 1 above further discloses in Joseph,
wherein the at least one light emission unit [103 Fig. 1] (Para. [0029]) is a plurality of light emission units [two light emitting portions 103 Fig. 1] (Para. [0029]), and the conductive layer [122 Fig. 2] (Para. [0046]) makes each of at least two light emission units [103 Fig. 1] (Para. [0029]) among the plurality of light emission units and the electrode unit [105 Fig. 1] conductive with each other (Para. [0046]).
Regarding claim 13, Joseph in view of Wang as applied to claim 12 above further discloses in Joseph,
wherein the conductive layer [122 Fig. 2] Para. [0046])covers a region between each of the plurality of light emission units [103 Fig. 1] (Para. [0029]) and the electrode unit [105 Fig. 1] (Para. [0029]) and an outer circumferential surface and an outer circumferential part of an upper surface of the electrode unit [left and right side faces 105 and upper surface 105 Fig. 1] (Para. [0029]) in the stacked structure.
Examiner notes the portions of the mesa structure of Joseph not removed to form the openings of Wang have the structure shown in Fig. 2, with the conductive layer [122 Fig. 2] of Joseph covering the side portions and upper surface of the mesa [105 Figs. 1 and 3] of Joseph.
Regarding claim 14, Joseph in view of Wang as applied to claim 12 above further discloses in Joseph,
wherein a central interval between two adjacent light emission units [103 Fig. 1] among the plurality of light emission units is equal to or less than 35 µm (Para. [0038]).
Regarding claim 15, Joseph in view of Wang as applied to claim 1 above further discloses in Joseph,
wherein the light emission unit [103 Fig. 1] (Para. [0029]) includes
a first multilayer film reflecting mirror [108 in 103 Fig. 1] (Para. 0031]) including the first oxidized constriction layer [110 in 103 Fig. 1] (Paras. [0031,0036]) therein,
a second multilayer film reflecting mirror [104 in 103 Fig. 1] (Para. [0031]), and
an active layer [106 in 103 Fig. 1] (Para. [0031]) arranged between the first [108 in 103 Fig. 1] and second multilayer film reflecting mirrors [104 in 103 Fig. 1] (Para. [0032]), and
the electrode unit [105 Fig. 1] (Para. [0029]) includes
a first multilayer film reflecting mirror [108 in 105 Fig. 1] (Para. [0031]) including the second oxidized constriction layer [110 in 105 Fig. 1] (Paras. [0031,0036]) therein,
a second multilayer film reflecting mirror [104 in 105 Fig. 1] (Para. [0031]), and
an active layer [106 in 105 Fig. 1] arranged between the first [108 in 105 Fig. 1] and second multilayer film reflecting mirrors [104 in 105] (Para. [0032]).
Regarding claim 16, Joseph in view of Wang as applied to claim 15 above further discloses in Joseph,
wherein the light emission unit [103 Fig. 1] (Para. [0029]) includes a substrate [102 Fig. 1] (Para. [0028]) that is arranged on a side opposite to a side of the active layer [106 in 103 Fig. 1] with respect to the first multilayer film reflecting mirror [108 in 103 Fig. 1] and that is transparent to an oscillation wavelength of the light emission unit [103 Fig. 1], and the light emission unit emits light to a back surface side of the substrate [bottom of 102 Fig. 1] (Para. [0059]).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Joseph in view of Wang as applied to claim 1 above, and further in view of Tanigawa et al. (hereinafter Tanigawa) (US 20060056473 A1).
Regarding claim 3, Joseph in view of Wang discloses the device outlined in the rejection of claim 1 above but fails to disclose,
further comprising an insulating layer arranged between the first portion and the stacked structure and/or
between the second portion and the near half part, and between the third portion and the far half part.
Tanigawa discloses in Fig. 1B,
An insulating layer [108] (Para. [0055]) in direct contact with each side of a mesa structure [120] (Para. [0055])
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 insulating layer of Tanigawa around the mesa structure of Joseph in view of Wang for the purpose of electrically insulating the exterior of the mesa structure.
Regarding claim 4, Joseph in view of Wang and Tanigawa as applied to claim 3 above further discloses in Tanigawa Fig. 1B,
wherein a thickness of the insulating layer [108] (Para. [0055])is equal to or greater than 0.1 µm and equal to or less than 2.0 µm (Para. [0055]).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Joseph in view of Wang as applied to claim 1 above, and further in view of Ishida et al. (hereinafter Ishida) (US 20210399523 A1).
Regarding claim 17, Joseph in view of Wang discloses the device outlined in the rejection of claim 1 above but fails to disclose,
An electronic device including the surface emitting laser apparatus according to claim 1.
Ishida discloses in Fig. 19,
A distance measuring device [400] (Para. [0126]) including a surface emitting laser apparatus (Para. [0126])
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 laser apparatus of Joseph in view of Wang into a distance measuring device as shown by Ishida for the use of LiDAR applications and other distance measuring purposes. (Ishida Para. [0126])
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.
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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