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 .
Response to Amendment
The Examiner acknowledges and accepts the amendment filed on 11/05/25.
Claims 1 and 7 are amended;
Claims 2-3, 5-6 and 8 are cancelled; and
Claims 1, 4, 7 and 9 are currently pending.
Response to Arguments
Applicant’s arguments with respect to claims 1, 4, 7 and 9 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 9 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 9 recites the mesa portion being made of a translucent oxide conductor (see last line of claim 9); however, claim 1, which claim 9 depends on, recites the second semiconductor layer including the mesa portion (see last two lines of claim 1) which means that the mesa portion must comprise a semiconductor material as argued by the Applicant (see last paragraph on page 6 of 11/05/25 Remarks) and this directly contradicts the limitations in claim 9 that the mesa portion is made of a translucent oxide conductor. Therefore, since the claimed mesa portion cannot be both a semiconductor layer and a translucent oxide conductor, the limitation of claim 9 is not enabled by the specification.
The Examiner notes that “the mesa portion” in claim 9 corresponds to a mesa portion 20M in FIG. 10 made of a translucent oxide conductor according to the specification ([0126] of the US PG Pub of the present application) and FIG. 10 is one of the embodiments of the present invention where the PCSEL does not include “the mesa portion” 16M in FIG. 1A (another embodiment) referred to in claim 1 as part of the second semiconductor layer.
For purposes of examination, the limitation of “is made of a translucent oxide conductor” is not considered in claim 9.
Claim Rejections - 35 USC § 102
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.
Claim 1 is rejected under 35 U.S.C. 102a1 as being anticipated by HIGUCHI et al. (US PG Pub 2019/0013647 A1, 01/13/23 IDS).
Regarding claim 1, HIGUCHI discloses a photonic-crystal surface-emitting laser element (Fig. 11) including a photonic crystal layer (15, Fig. 11, [0049]), the photonic-crystal surface-emitting laser element comprising:
a first semiconductor layer (interpreted to comprise layers 15/21/13, Fig. 11, [0045]) formed by embedding the photonic crystal layer that includes air holes (15b, Fig. 11, where 15b may be filled with air, [0049] and [0056]) arranged with two-dimensional periodicity in a formation region in a plane parallel to the photonic crystal layer (15b are two dimensionally arranged, Fig. 3, [0050]);
an active layer (12, Fig. 11, where 12 is formed on a bottom surface of 15, [0045]) formed on the first semiconductor layer;
a second semiconductor layer (interpreted to comprise layers 20/11/10, Fig. 11, where the layers are formed on a bottom surface of 12, [0045]) formed on the active layer; and
a mesa portion (interpreted as a portion of 10 formed by grooves 10c, see annotated Fig. 11 below, [0060]) with a mesa shape formed at a surface of the second semiconductor layer (the portion of 10 forms a mesa shape on 10a, see annotated Fig. 11 below),
wherein the mesa portion is located inside the formation region of the air holes when viewed in a direction perpendicular to the photonic crystal layer (the previously defined mesa portion is vertically overlapped with the air holes 15b, Fig. 11), and
wherein the second semiconductor layer includes the mesa portion and a flat portion that is a part other than the mesa portion (10 is part of the previously defined second semiconductor layer and has a flat portion, see annotated Fig. 11 below).
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Regarding claim 9, HIGUCHI discloses the surface of the second semiconductor layer is flat (see annotated FIG. 11 above), and wherein the mesa portion is provided on the surface of the second semiconductor layer (see annotated FIG. 11 above) and is made of a translucent oxide conductor (not considered per 112 first paragraph rejection above).
Claims 1, 7 and 9 are rejected under 35 U.S.C. 102a1 as being anticipated by Hoshino et al. (US PG Pub 2011/0134941 A1, previously cited pertinent art).
Regarding claim 1, Hoshino discloses a photonic-crystal surface-emitting laser element (Fig. 5) including a photonic crystal layer (532, Fig. 5, [0123]), the photonic-crystal surface-emitting laser element comprising:
a first semiconductor layer (513, Fig. 5, where 532 is embedded by 513, [0123] and [0125]) formed by embedding the photonic crystal layer that includes air holes (531, Fig. 5, where 531 may be filled with air, [0080] and [0101]) arranged with two-dimensional periodicity in a formation region in a plane parallel to the photonic crystal layer (532 is a two-dimensional photonic crystal, FIG. 1A, [0123]);
an active layer (514, Fig. 5, where 514 is formed on 513, [0123]) formed on the first semiconductor layer;
a second semiconductor layer (522, Fig. 5, where 522 is formed on 514, [0125]) formed on the active layer; and
a mesa portion (see annotated Fig. 5 below) with a mesa shape formed at a surface of the second semiconductor layer (see annotated Fig. 5 below),
wherein the mesa portion is located inside the formation region of the air holes when viewed in a direction perpendicular to the photonic crystal layer (the previously defined mesa portion is vertically overlapped with the air holes 531, Fig. 5), and
wherein the second semiconductor layer includes the mesa portion and a flat portion that is a part other than the mesa portion (522 includes the mesa portion and a flat portion, see annotated Fig. 5 below).
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Regarding claim 7, Hoshino discloses an outer periphery of the mesa portion is located inside the formation region of the air holes when viewed in the direction perpendicular to the photonic crystal layer (see annotated Fig. 5 above).
Regarding claim 9, YOSHIDA discloses the surface of the second semiconductor layer is flat (see annotated Fig. 5 above), and wherein the mesa portion is provided on the surface of the second semiconductor layer (see annotated Fig. 5 above) and is made of a translucent oxide conductor (not considered per 112 first paragraph rejection above).
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.
Claims 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over HIGUCHI et al. or Hoshino et al.
Regarding claim 4, HIGUCHI or Hoshino has disclosed the photonic-crystal surface-emitting laser element outlined in the rejection to claim 1 above except the formation region of the air holes has a circular shape, and the mesa portion has a cylindrical shape coaxial with the formation region of the air holes. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the air holes and the mesa portion with a circular shape and a cylindrical shape in order to obtain higher light output for the photonic crystal layer and desired output mode for the photonic-crystal surface-emitting laser element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUANDA ZHANG whose telephone number is (571)270-1439. The examiner can normally be reached M-F 10:30 AM - 6:30 PM.
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/YUANDA ZHANG/Primary Examiner, Art Unit 2828