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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/08/2026 has been entered.
Response to Amendment
Examiner acknowledges the amendments made to claims 1,3,4 and 6. New claim 13 has been added. Claim 11 stands as cancelled.
Response to Arguments
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive.
Regarding the argument that Kawashima does not teach that in the lower DBR [611], each thin film of the structure [603] and a corresponding thin film of the structure [604] are in an alternating arrangement and that in the upper DBR [612] that each thin film of the structure [603] and a corresponding thin film of the structure [604] are in an alternating arrangement. Examiner respectfully disagrees.
Kawashima discloses a plurality of first thin films [604] and a plurality of second thin films [603] in the lower DBR (first light reflective layer) [611]. Figure 9 of Kawashima shows a periodic arrangement of first film [604], layer [605], and second film [603] in both the first reflective layer [611] and the second reflective layer [612] (see Para. [0118]). Paragraph [0123] of Kawashima further discloses that ten structures of [604] and ten structures of [603] are stacked alternately with layers [605]. Examiner notes again that the shown structures of the plurality of films [604] is interpretated as the plurality of first films and the shown structures of the plurality of films [603] is interpreted as the plurality of second films as shown in the rejection of claim 1 below. Therefore, each first film and second film in both the first reflective layer [611] and the second reflective layer [612] are formed in an alternating arrangement.
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.
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 1-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima (US 20140377459 A1) in view of Mitomo et al. (hereinafter Mitomo) (WO 2019017044 A1).
Examiner notes the US publication US 20200169061 A1 will be used for the claim mapping of Mitomo for the remainder of the instant Office Action. See PTO-892 form.
Regarding claim 1, Kawashima discloses in Fig. 9,
A semiconductor laser element [Fig. 9] (Para. 0116]) comprising:
a resonator structure [Fig. 9] (Para. [0116]) including a stacked structure, wherein the stacked structure includes:
a first compound semiconductor layer [606b] (Para. [0124]) having a first surface [bottom surface of 606b] and a second surface [top surface of 606b] opposed to the first surface,
an active layer [606a] (Para. [0124]) that faces the second surface of the first compound semiconductor layer [606a faces top surface of 606b], and
a second compound semiconductor layer [606c] (Para. [0124]) having:
a first surface [bottom of 606c] that faces the active layer [606a], and
a second surface [top surface of 606a] opposed to the first surface of the second compound semiconductor layer [opposed to bottom surface of 606b];
a base part surface [base part contact of 611 to 606b] on a side of the first surface of the first compound semiconductor layer [bottom surface of 606b] (Para. [0124]),
a first light reflective layer [611] (Para. [0116]) on the base part surface [base part contact of 611 to 606b];
a second light reflective layer [612] (Para. [0116]) on a side of the second surface of the second compound semiconductor layer, wherein
the first light reflective layer [611] (Para. [0116]) and the second light reflective layer [612] (Para. [0116]) are along a resonance direction of the resonator structure [vertically in Fig. 9]
the first light reflective layer [611] (Para. [0116]) includes a first refractive index periodic structure,
the first refractive index periodic structure [604,603 in 611] (Para. [0118]) includes a plurality of first thin films [604] and a plurality of second thin films [603] (Para. [0118]),
in the first refractive index periodic structure [604, 603 in 611], each second thin film [603] of the plurality of second thin films [603] of the first light reflective layer [611] and a corresponding first thin film [604] of the plurality of first thin films [604] of the first light reflective layer [611] are in an alternating arrangement (Para. [0118])
the second light reflective layer [612] (Para. [0116]) includes a second refractive index periodic structure [604,603 in 612] (Para. 0118])
the second refractive index periodic structure [604,603 in 612] (Para. 0118])
includes a plurality of first thin films [604] and a plurality of second thin films [603] (Para. [0018]),
in the second refractive index periodic structure [604,603 in 612] (Para. 0118])
, each second thin film [603] of the plurality of second thin films [603] of the second light reflective layer [612] and a corresponding first thin film [604] of the plurality of first thin films [604] of the second light reflective layer [612] are in an alternating arrangement (Para. [0118]), and
in a case where an oscillation wavelength is set to λ0 (Para. [0116]) (See Table 4, Page 8 of Specification),
a period of the first refractive index periodic structure [604,603 in 611] (Para. 0118]) has an optical film thickness of k 10 (λ 0/2) [where 0.9 <k10< 1.1] (604 and 603 correspond to λ/4, together total thickness of λ/2) (See Table 4, Page 8 of Specification)
each first thin film of the plurality of first thin films [604] (Para. [0118]) of the first light reflective layer [611] (Para. [0118]) has an optical film thickness of k 11 (λ 0/4) [where 0.7 <k11< 1.3] (See Table 4, Page 8 of Specification) (multilayer thickness of λ/4),
each second thin film [603] of the plurality of second thin films [603] (Para. [0118]) of the first light reflective layer [611] has an optical film thickness of k12(λ 0/4) [where 0.7 < k12 < 1.3] (See Table 4, Page 8 of Specification) (multilayer thickness of λ/4),
a period of the second refractive index periodic structure [604,603 in 612] (Para. [0118]) has an optical film thickness of k20 (λ 0/2) [where 0.9 < k20 < 1.1] (604 and 603 correspond to λ/4, together total thickness of λ/2) (See Table 4, Page 8 of Specification),
each first thin film [604] of the plurality of first thin films [604] of the second light reflective layer [612] (Para. [0118]) has an optical film thickness of k21 (λ 0/4) [where 0.7 < k21 < 1.3] and
each second thin film [603] of the plurality of second thin films [603] (Para. [0118]) of the second light reflective layer [612] has an optical film thickness of k22 (λ 0/4) [where 0.7 < k22 < 1.3] (See Table 4, Page 8 of Specification) (multilayer thickness of λ/4), and
a first phase shift layer [605] (Para. 0118]) inside at least one of the first light reflective layer [611] (Para. [0118]) or the second light reflective layer [612] (Para. [0118]).
Kawashima fails to disclose,
wherein the base part surface includes a convex part, with respect to the second surface of the first compound semiconductor layer, in a first portion of the base surface;
the first light reflective layer on the convex part of the base surface;
Mitomo discloses in Fig. 10,
a first compound semiconductor layer [21] (Para. [0192]) with a convex shaped base part surface [21c] (Para. [0192]) with a first light reflective layer [41] with a convex shape (Para. [0192]) disposed on the convex base part surface [21c] (Para. [0192])
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 convex shape of the first compound semiconductor layer and the first light reflective layer as shown in Mitomo with the first compound semiconductor layer and light reflective layer of Kawashima for the purpose of reliable laser oscillation and reduction in diffraction loss. (Mitomo Para. [0186])
Regarding claim 2, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
further comprising a plurality of phase shift layers [605] that includes the first phase shift layer [605 in 612], wherein, in the semiconductor laser element [Fig. 9], a number of the plurality of phase shift layers [605] is less than 5 (See Table 4, Page 8 of Specification).
Regarding claim 3, Kawashima in view of Mitomo as applied to claim 2 above further discloses in Fig. 9 of Kawashima,
the first phase shift layer [605 in 612] (Para. [0126]) is inside the second light reflective layer [612] (Para. [0126]),
The plurality of phase shift layers [605] (Para. [0126]) further includes a second phase shift layer inside the second light reflective layer [612] (Para. [0126]), and
at least one of a first thin film [604 in 612] (Para. [0126]) of the plurality of first thin films [604] (Para. [0126]) of the light reflective layer [612] (Para. [0126]), a second thin film [603 in 612] (Para. [0126]) of the plurality of second thin films [603] of the second light reflective layer [612] (Para. [0126]), or the first thin film [604] (Para. [0126]) and the second thin film [603] (Para. [0126]) is disposed between the first phase shift layer and the second phase shift layer [603 and 604 disposed between phase shift layer 605 Fig. 9] (Para. [0126]).
Regarding claim 4, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
wherein the first phase shift layer [605 in 612] (Para. [0126]) is between at least one of:
a first thin film [604 in 611] of the plurality of first thin films [604 in 611] of the first light reflective layer [611] (Para. [0118]) and a second thin film [603 in 611] of the plurality of second thin films [603 in 611] of the first light reflective layer [611] (Paras. [0118,0123]), or
a first thin film [604 in 612] (Para. [0126]) of the plurality of first thin films [604] (Para. [0126]) of the second light reflective layer [612] (Para. [0126]) and a second thin film [603 in 612] of the plurality of second thin films [603 in 612] of the second light reflective layer [612] (Para. [0126]).
Regarding claim 5, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
wherein an optical film thickness of the first phase shift layer [605 in 612] (Para. [0119]) is 0.1 times or more and 50 times or less of λ0 (See Table 4, Page 8 of Specification).
Regarding claim 6, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
wherein a material of the first phase shift layer [605 in 612] (Para. [0119]) is same as one of:
one of a material of a first thin film [604 in 611 Fig. 9] (Para. [0123]) of the plurality of first thin films of the first light reflective layer [611] (Para. [0123]) or a material of a first thin films [604 in 612] (Para. [0126]) of the second light reflective layer [612] (Para. [0126]), or
one of a material of a second thin film [603] (Para. [0123]) of the plurality of second thin films [603] of the first light reflective layer [611] (Para. [0123]) or a material of a second thin film [603] (Para. [0126]) of the plurality of second thin films [603] of the second light reflective layer [612] (Para. [0126]). (GaN used for 605 and in 604,603) (Para. [0123]).
Regarding claim 7, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Kawashima Fig. 9,
wherein an optical film thickness of the first phase shift layer [605] (Para. [0119]) satisfies k3(λ0/4) (2r + 1) [where r is an integer of 100 or less, and 0.9 < k3 < 1.1] (Para. [0119]).
When an integer value of 0 is used, the thickness satisfies (λ/4)*(0+1) i.e. λ/4.
Regarding claim 8, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
wherein
the semiconductor laser element [Fig. 9] includes a surface-emitting laser element (Para. [0116]).
Regarding claim 9, Kawashima in view of Mitomo as applied to claim 8 above further discloses,
wherein the first light reflective layer [Kawashima 611 Fig. 9] (Kawashima Para. [0116]) functions as a concave mirror (Mitomo Para. [0192]), and the second light reflective layer [Kawashima 612 Fig. 9] (Kawashima Para. [0016]) has a flat shape (see Kawashima Fig. 9)
Regarding claim 10, Kawashima in view of Mitomo discloses the device outlined in the rejection of claim 8 above but fails to disclose, wherein a resonator length of the semiconductor laser element is 1 x 10-5 m or more.
Mitomo discloses,
a resonator length of a light emitting element that is 1 x 10-5 m or more. (Para. [0186])
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 increased resonator length of Mitomo in the modified device of Kawashima for the purpose of improved manufacturing yield. (Mitomo Para. [0186])
Regarding claim 13, Kawashima in view of Mitomo as applied to claim 1 above further discloses in Fig. 9 of Kawashima,
at least one second thin film [603] of the plurality of second thin films [603] of the first light reflective layer [611] is between two adjacent first thin films [604] of the plurality of first thin films [604] of the first light reflective layer [611] (Para. [0118]), and
at least one second thin film [603] of the plurality of second thin films [603] of the second light reflective layer [612] is between two adjacent first thin films [604] of the plurality of first thin films [604] of the second light reflective layer [612] (Para. [0118]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kawashima in view of Mitomo as applied to claim 1 above, and further in view of Park et al. (hereinafter Park) (US 20020105988 A1).
Regarding claim 12, Kawashima in view of Mitomo discloses the device outlined in the rejection of claim 1 above but fails to disclose,
the base part surface further includes a concave part, with respect to the second surface of the first compound semiconductor layer, in a second portion of the base part surface, and
the concave part of the base part surface excludes the first light reflective layer
Park discloses in Fig. 23,
a base part surface [210b] (Para. [0064]) including a concave part [portions to left and right of 210a] (Para. [0060]), in a second portion of the base part surface [left and right of 210a] (Para. [0060]), and
the concave part of the base part surface excludes a convex light reflective layer [130] (Paras. [0060,0061])
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 concave portions without the convex mirror as shown in Park with the convex portion of Kawashima in view of Mitomo for the purpose of surrounding the protrusion portion with the electrode. (Park Para. [0064])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Examiner notes (US 595632 A) which discloses a multilayer mirror in an emission window structure on a bottom face of a device.
Further, (US 5747366 A) also discloses a multilayer mirror in an emission window structure on a bottom face of a device.
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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