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 .
Priority
Acknowledgment is made of applicant’s claim for an earlier filing date under 35 U.S.C. § 119(a)-(d) to the national stage application PCT/EP2021/068757. The certified copy of national stage application PCT/EP2021/068757has been received.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 05/10/2023,10/24/2023 and 11/14/2024 were submitted after the filing date of this application on 01/06/2023. The submission is in compliance with provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein each waveguide ridge provides a laser gain medium such that, when coupled to a corresponding grating, a plurality of distributed feedback lasers or distributed Bragg-reflector lasers are formed” as disclosed in claim 2, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: Examiner notes that claim 10 states “wherein each lower contact is electrically connected to one or more contact pads, said or each contact pad having an exposed surface suitable for connection to an external driver”. Examiner notes that the lower contacts are disclosed to be 104a-104. The specification also discloses that contact pads are seen to be lower contacts 104a and 104e. The lower contacts and contact pads are disclosed to be distinct and different elements in the claims but the specification describes the contact pads as two of the plurality of lower contacts.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1,3-8,10-17 and 19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Loeffler et al. (hereinafter Loeffler) (US 20190052062 A1).
Regarding claim 1, Loeffler discloses,
An optoelectronic device (Fig. 11) (Para. [0071]), comprising:
a plurality of waveguide ridges [12 Fig. 11] (Para. [0070]) provided in an array, each waveguide ridge [12 Fig. 11] extending away from a semiconductor bed [11 Fig. 11] (Para. [0070]);
a plurality of upper contacts [5 Fig. 8] (Paras. [0057,0070]), each electrically connected to an upper surface [top of 12 Fig. 11] of a respective waveguide ridge [12 Fig. 11] (Paras. [0070,0072]), said upper surface being located distal from the semiconductor bed [11 Fig. 11]; and
a plurality of lower contacts [8 Fig. 11], each located between a respective pair of waveguide ridges [12 Fig. 11] and electrically connected to the semiconductor bed [11 Fig. 11] (Para. [0070,0071]).
Examiner notes that paragraph [0078] that the examples shown in Figs. 10 and 11 may also be provided with ridges [5] in accordance with the explanations of Fig. 8.
Further, paragraph [0057] of Loeffler discloses that the ridge [5] may be provided with an electrical contact constituting a first electrical terminal of a laser diode [12].
Regarding claim 3, Loeffler as applied to claim 1 above further discloses,
wherein each upper contact [5 Fig. 8] (Para. [0057]) is spaced from a respective lower contact [8 Fig. 11] by an insulating layer [18 Fig. 11] (Para. [0071]).
Regarding claim 4, Loeffler as applied to claim 3 above further discloses,
wherein the insulating layer [18 Fig. 11] is a dielectric (Para. [0071]).
Regarding claim 5, Loeffler as applied to claim 1 further discloses,
wherein each lower contact [8 Fig. 11] is separated from the respective pair of waveguide ridges [12 Fig. 11] by an insulating layer [18 Fig. 11] (Para. [0071]).
Regarding claim 6, Loeffler as applied to claim 5 further discloses,
wherein each lower contact [8 Fig. 11] and its respective insulating layer [18 Fig. 11] fill the space between the respective pair of waveguide ridges [12 Fig. 11] (Para. [0070,0071]).
Regarding claim 7, Loeffler as applied to claim 5 further discloses,
wherein the insulating layer [18 Fig. 11] is a dielectric (Para. [0071]).
Regarding claim 8, Loeffler as applied to claim 1 further discloses,
wherein each upper contact [5 Fig. 8] (Para. [0057]) is situated on an opposing side of its respective waveguide ridge [12 Fig.11] to the semiconductor bed [11 Fig. 11] (Para. [0057]).
Regarding claim 10, Loeffler as applied to claim 1 further discloses,
wherein each lower contact [8 Fig. 11]] is electrically connected to one or more contact pads [left and right 8 Fig. 11] (Para. [0072]), said or each contact pad having an exposed surface [top of 8] suitable for connection to an external driver [17] (Para. [0074]).
Examiner notes that on the first page of “Detailed Description and Further Optional Features”, Applicant discloses that the first and last metal contacts [104a and 104] also provide contact pads for wire bonding or similar. Therefore, the mapping of the lower contact [8] also as the contact pad [8] is using the same interpretation as the Applicant.
Regarding claim 11, Loeffler as applied to claim 1 further discloses,
wherein each pair of waveguides ridges [12 Fig. 11] is separated by a respective separator wall [raised space under 7 Fig. 11] (Para. [0070]), and each lower contact [8 Fig. 11] is adjacent to at least a portion of a respective separator wall (Para. [0070-0073]).
Regarding claim 12, Loeffler as applied to claim 1 further discloses,
wherein each upper and/or each lower contact [8 Fig. 11] has a width of at least 15 µm (Paras. [0053,0070]), said width may be measured in a direction transversal to a guiding direction of the plurality of waveguide ridges [12 Fig. 11] (Y-axis Para. [0053]).
For the purposes of examination in the instant application, claim 12 is understood to read “wherein each upper or lower contact has a width of at least 15µm …” with the interpretation being “wherein each lower contact has a width of at least 15 µm.”
Regarding claim 13, Loeffler as applied to claim 1 further discloses,
wherein each upper contact [5 Fig. 8] extends through an opening in an insulating layer [18 Fig. 11] to electrically connect to the upper surface of each waveguide ridge [top of 12 Fig. 11].
Examiner notes that the insulating layer [18] in Fig. 11 has an opening above each ridge [12] and under each contact [8] to electrically connect upper and lower contacts (Para. [0072]).
Regarding claim 14, Loeffler as applied to claim 1 further discloses,
wherein each upper and/or each lower contact [8 Fig. 11] (Paras. [0053,0060]) has a height of at least 1.5 µm (Paras. [0053,0057 and 0060]), said height being measured in a direction from the semiconductor bed [11 Fig. 11] towards the upper contact [5 Fig. 8].
For the purpose of examination in the instant application, claim 14 is understood to read “wherein each upper or each lower contact has a height of at least 1.5 µm … “with the interpretation being “wherein each lower contact has a height of at least 1.5μm.”
Regarding claim 15, Loeffler as applied to claim 1 further discloses,
wherein each upper contact [5 Fig. 8] is electrically isolated from the other upper contacts (Para. [0065]).
Regarding claim 16, Loeffler as applied to claim 1 further discloses,
wherein each lower contact [8 Fig. 11] is in electrical connection with the other lower contacts [8 Fig. 11] (Paras. [0070,0072]).
Regarding claim 17, Loeffler as applied to claim 1 further discloses,
wherein the upper contacts and/or lower contacts [8 Fig. 11] are made of metal (Para. [0072]).
For the purposes of examination in the instant application, claim 12 is understood to read “wherein each upper or lower contacts are made of metal” with the interpretation being “wherein the lower contacts are made of metal.”
Regarding claim 19, Loeffler discloses,
A method of preparing an optoelectronic device (Para. [0001]), the optoelectronic device comprising a plurality of waveguide ridges [12 Fig. 11] (Para.0070]) provided in an array (Fig. 11), each waveguide ridge [12 Fig. 11] extending away from a semiconductor bed [11 Fig. 11] (Para. 0070]); the method comprising steps of:
(a) depositing a plurality of lower contacts [8 Fig. 11] (Paras. [0070,0071]), each located between a respective pair of waveguide ridges [12 Fig. 11] (Para. [0071]) and electrically connected to the semiconductor bed [11 Fig. 11] (Para. [0072]); and
(b) depositing a plurality of upper contacts [5 Fig. 8] (Para. [0057]) each electrically connected to an
upper surface of a respective waveguide ridge [12 Fig. 11] (Para. [0057]), said upper surface being located distal from the semiconductor bed [11 Fig.11].
Examiner notes that paragraph [0078] that the examples shown in Figs. 10 and 11 may also be provided with ridges [5] in accordance with the explanations of Fig. 8.
Further, paragraph [0057] of Loeffler discloses that the ridge [5] may be provided with an electrical contact constituting a first electrical terminal of a laser diode [12].
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Loeffler in view of Achtenhagen et al. (hereinafter Achtenhagen) (US 20080225918 A1).
Regarding claim 2, Loeffler as applied to claim 1 further discloses
wherein each waveguide ridge [12 Fig. 11] provides a laser gain medium [15 Fig. 11] (Para. [0053])
Loeffler fails to disclose,
when coupled to a corresponding grating, a plurality of distributed feedback lasers or distributed Bragg-reflector lasers are formed.
Achtenhagen discloses in Fig. 3,
a gain medium [304] (Para. [0047]) coupled to a grating [312] (Para. [0047])
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 gain medium coupled to a grating as shown in Achtenhagen with the gain medium of Loeffler for the purpose of creating distributed Bragg reflector laser. (Achtenhagen Para. [0046-0048])
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Loeffler in view of Lin et al. (hereinafter Lin) (US 20050226297 A1).
Regarding claim 9, Loeffler discloses the device outlined in the rejection of claim 7 above but fails to disclose,
wherein each upper contact has a width which is wider than a corresponding width of its respective waveguide ridge.
Lin discloses in Fig. 5,
an upper contact [520] (Para. [0030]) with a width wider than a corresponding width of a respective waveguide ridge [516] (Para. [0030,0031])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement an upper contact width that is wider than a respective waveguide ridge as shown in Lin into the upper contact of Loeffler for the purpose of the device being able to tolerate a larger misalignment and have a lower ohmic contact resistance and higher heat dissipating capacity. (Lin Para. [0031])
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gellie (WO 2017072175 A1) (Examiner notes that an attached translation will be used for the claim mapping.
Regarding claim 18, Loeffler discloses the device outlined in the rejection of claim 1 above but fails to disclose
wherein the upper contacts and/or lower contacts are made from a doped semiconductor.
Gellie discloses,
a conductive layer [17] made of a highly doped semiconductor (Para. [70])
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 material of a highly doped semiconductor as shown in Gellie for the conductive layer material of Loeffler for the purpose of conducting the electric current and allowing the electric field to pass through. (Gellie Para. [70])
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Loeffler in view of Tamai et al. (hereinafter Tamai) (US 20090127570 A1).
Regarding claim 20, Loeffler discloses the method described in claim 19 above and further discloses
further including a step, performed before step (a), of growing an insulator [18 Fig. 11] (Para. [0070,0079]) on an exposed surface of the optoelectronic device,
Loeffler fails to disclose,
etching an opening in the insulator, exposing a surface of the semiconductor bed, for each lower contact to be deposited in during the subsequent deposition step.
Tamai discloses,
etching an opening in an insulator [8,40 Figs. 13 and 14] (Para. [0111]), exposing a surface of a semiconductor bed [211 Fig. 14] (Para. [0102]), for a lower contact [121 Fig. 14] (Para. [0111]) to be deposited in during a subsequent deposition step (Para. [0111]).
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 etching of an insulator as shown in Tamai with the insulator layer of Loeffler for the purpose of allowing selective insulation and direct contact of the lower contact through the bottom of the insulating layer.
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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/H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828