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 of Group 1, claims 1-12 in the reply filed on August 22, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 13-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 22, 2025.
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.
Claim(s) 1, 3-4, 7-12 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Weichmann et al US 2020/0403376, herein referred to as Weichmann ‘376.
Regarding claim 1, Weichmann ‘376 discloses a multi-junction bottom emitting vertical cavity surface emitting laser (VCSEL) comprising (Figure 2, [0066]): an electrical n-contact layer (105); a semiconductor substrate (110) disposed on the electrical n-contact layer (Figure 2); an etch-stop layer disposed on the semiconductor substrate (intermediate layer described in [0059 and 0067]); a n-type semiconductor distributed Bragg reflector (nDBR) (115) including a first plurality of layers of semiconductor material disposed on the etch-stop layer (Figure 2, [0059-0060, 0066-67]); a laser cavity (120) comprising of a plurality of active region disposed on the nDBR ([0060]); a hybrid metal-semiconductor reflector (125-1, 129, 130, 125-2) disposed on the laser cavity (120); wherein the hybrid metal-semiconductor reflector comprises a p-type semiconductor distributed Bragg reflector (pDBR) (125-1) including a second plurality of layers of semiconductor material ([0068]), a phase matching layer (129) disposed on the pDBR (125-1) and a metallic reflector (125-2, [0064-comprising Al) disposed on the phase matching layer (129); and an electrical p-contact layer (150) formed on the hybrid metal-semiconductor reflector.
Regarding claim 3, Weichmann ‘376 further discloses wherein the nDBR (115), the etch-stop layer (intermediate layer, not labeled), the semiconductor substrate (110) and the electrical n-contact layer (105) are configured as a mesa extending out with a circular cross-section (Ring-shaped, Figure 2).
Regarding claim 4, Weichmann ‘376 further discloses wherein the hybrid metal-semiconductor reflector is configured as a non-exit mirror and the nDBR is configured as a light-exit mirror (0018, 0033 0070]).
Regarding claim 7, Weichmann ‘376 further discloses wherein each layer of the plurality of active region in the laser cavity (120) comprises of a multiple of strained or unstrained quantum well structure ([0020, 0060]).
Regarding claim 8, Weichmann ‘376 further discloses wherein each multiple of strained or unstrained quantum well structure (120 comprises a quantum well structure with several sub layers) is spaced apart from one another ([0030]) wherein they are electrically conductively connected by a tunnel junction (130) and confined by a current confinement layer (124).
Regarding claim 9, Weichmann ‘376 further discloses wherein the tunnel junction (130) comprises at least two doped semiconductor layers of different conduction types ([0068]).
Regarding claim 10, Weichmann ‘376 further discloses a current confinement aperture (gap shown in Figure 2, [0069]) formed on the current confinement layer by wet oxidation ([0062, 103]).
Regarding claim 11, Weichmann ‘376 further discloses that the metallic reflector comprises at least one layer of metal or at least one layer of alloy (125-2, [0064-comprising Al).
Regarding claim 12, Weichmann ‘376 further discloses wherein the metal comprises gold, silver, copper, aluminum, nickel, titanium, chromium or platinum and the alloy comprises gold, silver, copper, aluminum, nickel, titanium, chromium or platinum (125-2, [0064-comprising Al).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Weichmann ‘376 in view of Yan CN 110829178, herein referred to as Yan ‘178 .
Regarding claim 2, Weichmann ‘376 further discloses wherein the electrical n-contact layer (105) and the semiconductor substrate (110) are configured as a ring shape with an emitting window for emitting laser (Figure 2, [0070]) and the electrical p-contact layer (150) is for current injection ([0018, 0033]). Weichmann ‘376 does not specifically discloses that the and the etch-stop layer is configured as a ring shape. In the same field of endeavor of VCSEL, Yan ‘178 teaches of a device wherein a DBR outer surface is exposed (Figures 3-4) to form a ring-shaped structure including an etch stop layer. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DBR layers of Weichmann ‘376 at taught by Yan ‘178 for the purpose of improving the radiating effect of the device (Disclosure of the invention (first paragraph)).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Weichmann ‘376 in view of Jiang et al US 5719892, herein referred to as Jiang ‘892.
Regarding claims 5-6, Weichmann ‘376 does not discloses wherein each of the first plurality of layers of semiconductor material in the nDBR comprises Indium aluminum gallium arsenide (InAlGaAs) on Gallium Arsenide (GaAs)-based substrate, Indium aluminum gallium nitride (InAlGaN) on Gallium Nitride (GaN)- based substrate, and Indium aluminum gallium arsenide (InAlGaAs) on Indium Phosphide (InP)-based substrate or wherein each of the second plurality of layers of semiconductor material in the pDBR comprises Indium aluminum gallium arsenide (InAlGaAs) on Gallium Arsenide (GaAs)-based substrate, Indium aluminum gallium nitride (InAlGaN) on Gallium Nitride (GaN)-based substrate, and Indium aluminum gallium arsenide (InAlGaAs) on Indium Phosphide (InP)-based substrate.
However, in the same field of endeavor of vertical cavity surface emitting laser (VCSEL), Jiang ‘892 discloses DBR layers made of (InAlGaAs) on Gallium Arsenide (GaAs)-based substrate, Indium aluminum gallium nitride (InAlGaN) on Gallium Nitride (GaN)- based substrate, and Indium aluminum gallium arsenide (InAlGaAs) on Indium Phosphide (InP) (Column 4, lines 7-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the DBR layers of Weichmann ‘376 at taught by Jiang ‘892 for the purpose of enhancing the reliability of the device and preventing dislocations in the active region (Column 4, lines 7-36).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tatum US 6965,626 and Takeuchi US 2008/0056320 are cited for disclosing VCSEL with ring shaped contacts and similar structure to the claimed invention. Deliwala US 2020/0161502 is cited for disclosing light emitting diode with ring shaped contacts and similar structure to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA S MANNO whose telephone number is (571)272-2339. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kiesha Bryant can be reached at 571-272-3606. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JESSICA S MANNO/SPE, Art Unit 2898