DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
2. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
3. Claim 1-25 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-25 of prior U.S. Patent No. 11,152,767. This is a statutory double patenting rejection.
Patent
11,152,767
Instant Application
18/000,298
1. An edge emitting semiconductor laser device containing multiple monolithic laser diodes, using aluminum indium gallium arsenide phosphide AlInGaAs/InGaAsP/InP material system, emitting in long wavelengths (1250 nm to 1720 nm), wherein the monolithic laser diodes are connected one to another by one or more tunnel junctions; and each monolithic laser diode comprises an active region with barriers and no more than three quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic.
1. An edge emitting semiconductor laser device containing multiple monolithic laser diodes, using aluminum indium gallium arsenide phosphide AlInGaAs/InGaAsP/InP material system, emitting in long wavelengths (1250 nm to 1720 nm), wherein the monolithic laser diodes are connected one to another by one or more tunnel junctions; and each monolithic laser diode comprises an active region with barriers and no more than three quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic.
17. An edge emitting semiconductor laser grown on indium phosphide substrate containing multiple monolithic laser diodes, in which the monolithic laser diodes are connected to each other with a tunnel junction, wherein each monolithic laser diode comprises an active region with barriers and quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic wherein the quantum well structures of the multiple active areas differ from one to another in terms of their layer thicknesses and/or their material compositions such that at least two emission areas have different emission wavelengths by at least 5 nm.
17. An edge emitting semiconductor laser grown on indium phosphide substrate containing multiple monolithic laser diodes, in which the monolithic laser diodes are connected to each other with a tunnel junction, wherein each monolithic laser diode comprises an active region with barriers and quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic wherein the quantum well structures of the multiple active areas differ from one to another in terms of their layer thicknesses and/or their material compositions such that at least two emission areas have different emission wavelengths by at least 5 nm.
18. An edge emitting semiconductor laser device grown on indium phosphide substrate containing multiple monolithic laser diodes, in which the monolithic laser diodes are connected to each other with a tunnel junction, wherein each monolithic laser diode comprises an active region with barriers and quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic wherein the quantum well structures of the multiple active areas are the same or differ from one to another in terms of their layer thicknesses and/or their material compositions such that all emission areas have the same emission wavelengths within 5 nm.
18. An edge emitting semiconductor laser device grown on indium phosphide substrate containing multiple monolithic laser diodes, in which the monolithic laser diodes are connected to each other with a tunnel junction, wherein each monolithic laser diode comprises an active region with barriers and quantum wells constructed from various ratios of aluminum, gallium, indium and arsenic wherein the quantum well structures of the multiple active areas are the same or differ from one to another in terms of their layer thicknesses and/or their material compositions such that all emission areas have the same emission wavelengths within 5 nm.
Regarding claims 2-17 and 19-25, depending claims 2-17 and 19-25 are rejected for the same reasons applied to independent claims since the limitations of depending claims 2-17 and 19-25 are same as the limitations of depending claims 2-17 and 19-25 of U.S. Patent No. 11,152,767.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kinam Park whose telephone number is (571) 270-1738. The examiner can normally be reached on from 9:00 AM-5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, MINSUN HARVEY, can be reached on (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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/KINAM PARK/Primary Examiner, Art Unit 2828