Prosecution Insights
Last updated: August 16, 2026
Application No. 18/067,296

VERTICAL CAVITY SURFACE EMITTING LASER WITH ENHANCED MODULATION BANDWIDTH

Final Rejection §103§112
Filed
Dec 16, 2022
Priority
Oct 19, 2022 — provisional 63/380,148
Examiner
NELSON, HUNTER JARED
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lumentum Operations LLC
OA Round
4 (Final)
32%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allowance Rate
8 granted / 25 resolved
-36.0% vs TC avg
Strong +37% interview lift
Without
With
+36.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
42 currently pending
Career history
71
Total Applications
across all art units

Statute-Specific Performance

§103
61.2%
+21.2% vs TC avg
§102
12.8%
-27.2% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§103 §112
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 Examiner acknowledges the amendments made to claims 1,7,9 and 15. New claims 28-31 have been added. Claims 2-6,810,12,16,18 and 20 stand as cancelled. Response to Arguments Applicant’s arguments with respect to claim(s) 28-31 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. Applicant's arguments filed 05/18/2026 have been fully considered but they are not persuasive. Applicant argues against the use of Mooradian to disclose the limitation of “the third mirror is disposed on the second side of the substrate”. Applicant states that Mooradian fails to disclose or suggest a second optical cavity defined by the third mirror that includes the substrate and that is configures to cause both the photon-photon resonance (PPR) effect and the detuned-loading effect and configured to include the substrate. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Mooradian is not relied upon for the use of a PPR effect or a detuned-loading effect. Mooradian is relied upon for the modification of the placement of the third mirror structure of the modified device of Ji as shown in Fig. 1 of Mooradian with the mirror structure on a bottom side of a substrate. Applicant notes that Ji teaches away from the configuration of Mooradian that includes a substrate between the third mirror and the intermediate reflector. Examiner has fully considered but respectfully disagrees. As noted in MPEP § 2145 (X)(D)(1), a mere disclosure of one alternative does not constitute a teaching away from any alternative because the disclosure does not criticize, discredit or discourage the solution claimed. In the instant case, Ji does not directly discredit or criticize the claimed structure of the third mirror on a lower side of a substrate. Paragraph [0020] of Ji discloses aspects of the invention of Ji that occur due to the passive cavity not including the substrate, but the disclosure of Mooradian directly discloses an alternative of an invention that deliberately includes a substrate [12] in a passive cavity [11a]. 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 “one or more heating elements configured to provide thermal tuning” as recited in claim 30, 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. Claim Objections Claim 15 is objected to because of the following informalities: Line 8 of claim 15 includes the limitation of “a second side of the substrate” when line 3 of claim 15 already includes the antecedent basis of “a substrate having a first side and a second side”. Examiner respectfully believes line 8 of claim 15 should read “a third mirror disposed to the second side of the substrate”. Further, Examiner believes line 11 of claim 15 should read “wherein the VCSEL is configured to generate a primary optical mode” Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 29 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “near a first surface of the first side of the substrate” in claim 29 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claims nor the specification disclose how close a first implant isolation material must termination in relation to a first surface of the first side of the substrate in order to meet the limitations of the claim. Therefore, there is no clear bounds to what is considered “near a first surface of the first side of the substrate”. For the purposes of examination of the instant application, the near “near a first surface of the first side of the substrate” will be understood as “…. configured to terminate at a first surface of the first side of the substrate.” Appropriate correction is required. 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 1,9,13-15,17,19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (hereinafter Ji) (US 20090323751 A1) in view of “50-GHz Repetition Gain Switching Using a Cavity-Enhanced DFB Laser assisted by Optical Injection Locking” (hereinafter Liu) (See PTO-892 form) and Mooradian (US 20020176473 A1) Regarding claim 1, Ji discloses in Fig. 1 A vertical cavity surface emitting laser (VCSEL) [1] (Para. [0021]), comprising: a substrate [3] (Para. [0021]) having a first side [top side of 3 Fig. 1] and a second side [bottom side of 3 Fig. 1]; a first mirror [4] (Para. [0021]) disposed to the first side of the substrate [top side of 3]; a second mirror [6] (Para. [0021]) disposed to the first side of the substrate [top side of 3] and defining a first optical cavity [between 4 and 6] (Para. [0024]) between the first mirror [4] and the second mirror [6] (Para. [0024]); an active region [5] (Para. [0023]) between the first mirror [3] and the second mirror [6]; and a third mirror [11] defining a second optical cavity [10] (Paras. [0022,0025]), wherein the VCSEL is configured to generate a primary optical mode [42 Fig. 3] and a secondary optical mode [62 Fig. 3] (Paras. [0039,0040]) under direct modulation (Para. [0023]), and wherein the second optical cavity [10] is configured to resonate the secondary optical mode [62 Fig. 3] (Para. [0041]), and wherein the second optical cavity is configured to cause a photon-photon resonance (PPR) effect [See Fig. 3] (Paras. [0039-0043]) or a detuned-loading effect [See Fig. 4,] (Paras. [0045,0046]) in an optical output of the VCSEL, and wherein the second optical cavity [12 Fig. 1] provides passive feedback (Para. [0039]) and facilities excitation of the secondary optical mode (Paras. [0039,0041]) to cause a resonant enhancement of a modulation sideband near the primary optical mode using the PPR effect (Para. [0041]) (See Fig. 3). Ji fails to disclose, the third mirror disposed to the second side of the substrate, wherein the second optical cavity includes the substrate and, wherein the second optical cavity is configured to cause a photon-photon resonance (PPR) effect and a detuned-loading effect in an optical output of the VCSEL Mooradian discloses in Fig. 1, a third mirror [28] (Para. [0031]) disposed to a second side [top side of 12 Fig. 1] (emission side) of a substrate [12] (Para. [0031]) where a second optical cavity [11a] (Para. [0023]) includes the substrate [12] (Para. [0023]) 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 third mirror structure of Mooradian into the device of Ji with the third mirror of Ji for the purpose of allowing emission through the substrate with the mirror acting as an output coupler. (Mooradian Para. [0031]) Examiner notes when the third mirror of Ji is implemented on the second side of the substrate as shown in Mooradian, the substrate will be included in the second optical cavity between the mirror [4] of Ji and the mirror [11] of Ji. Ji in view of Mooradian fails to disclose, wherein the second optical cavity is configured to cause a photon-photon resonance (PPR) effect and a detuned-loading effect in an optical output of the VCSEL Liu discloses, The joint use of both photon-photon resonance (PPR) and detuned loading effect (Page 1, left column, Abstract) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to jointly use both the photon-photon resonance (PPR) effect and detuned-loading effect in the modified device of Ji as disclosed in Liu for the purpose of enhancing the bandwidth of the device. (Liu Page 1, left column, Abstract) Regarding claim 22, Ji in view of Mooradian and Liu as applied to claim 1 above further discloses in Fig. 1 of Ji, wherein the second optical cavity [10] (Paras. [0022,0025]) is inactive. Examiner notes that an inactive optical cavity is defined as an optical cavity that does not include a gain medium in the optical cavity in paragraph [0045] of the specification of the claimed application. The active layer [5] of Ji is disposed outside of the second optical cavity [10]. Regarding claim 9, Ji discloses in Fig. 1 An emitter [1] (Para. [0021]), comprising: a first mirror [4] (Para. [0021]) disposed to a first side of a substrate [top side of 3] (Para. [0021]); a second mirror [6] (Para. [0021]) disposed to a first side of a substrate [top side of 3] (Para. [0021]) and defining a first optical cavity [between 4 and 6] (Para. [0024]) between the first mirror [6] and the second mirror [6] (Para. [0024]); and a third mirror [11] (Para. [0022]) defining a second optical cavity [10] (Paras. [0036,0037]) between the third mirror [11] and the first mirror [4] or the second mirror [6] (Para. [0022,0025]), wherein the emitter is configured to generate a primary optical mode [42 Fig. 3] and a secondary optical mode [53 Fig. 3] (Para. [0040]) under direct modulation (Para. [0023]), and wherein the second optical cavity [10] is configured to resonate the secondary optical mode [62 Fig. 3] (Para. [0041]), and wherein the second optical cavity [12 Fig. 1] provides passive feedback (Para. [0039]) and facilities excitation of the secondary optical mode (Paras. [0039,0041]) to cause a resonant enhancement of a modulation sideband near the primary optical mode using the PPR effect (Para. [0041]) (See Fig. 3). Examiner notes for the purposes of examination in the instant application of claim 9, the limitation of “a third mirror defining a second optical cavity between the third mirror and the first mirror or second mirror” will be understood to read “a third mirror defining a second optical cavity between the third mirror and first mirror” as shown in Fig. 1 of Ji. Ji fails to disclose, the third mirror disposed to the second side of the substrate, wherein the second optical cavity includes the substrate wherein the second optical cavity is configured to cause both photon-photon resonance (PPR) effect and detuned-loading effect in an optical output of the emitter Mooradian discloses in Fig. 1, a third mirror [28] (Para. [0031]) disposed to a second side [top side of 12 Fig. 1] (emission side) of a substrate [12] (Para. [0031]) where a second optical cavity [11a] (Para. [0023]) includes the substrate [12] (Para. [0023]) 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 third mirror structure of Mooradian into the device of Ji with the third mirror of Ji for the purpose of allowing emission through the substrate with the mirror acting as an output coupler. (Mooradian Para. [0031]) Examiner notes when the third mirror of Ji is implemented on the second side of the substrate as shown in Mooradian, the substrate will be included in the second optical cavity between the mirror [4] of Ji and the mirror [11] of Ji. Ji in view of Mooradian fails to disclose, wherein the second optical cavity is configured to cause both photon-photon resonance (PPR) effect and detuned-loading effect in an optical output of the emitter Liu discloses, The joint use of both photon-photon resonance (PPR) and detuned loading effect (Page 1, left column, Abstract) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to jointly use both the photon-photon resonance (PPR) effect and detuned-loading effect in the modified device of Ji as disclosed in Liu for the purpose of enhancing the bandwidth of the device. (Liu Page 1, left column, Abstract) Regarding claim 13, Ji in view of Mooradian and Liu as applied to claim 9 above further discloses in Fig. 1 of Ji, wherein the third mirror [11] includes a plurality of dielectric layers having alternating refractive indexes (Paras. [0029]. Regarding claim 14, Ji in view of Mooradian and Liu as applied to claim 9 above further discloses in Fig. 1 of Ji, wherein the third mirror [11] includes a distributed Bragg reflector (Para. [0022]). Regarding claim 15, Ji discloses in Fig. 1 A vertical cavity surface emitting laser (VCSEL) [1] (Para. [0021]), comprising: a substrate [3] (Para. [0021]) having a first side [top side of 3] and a second side [bottom side of 3]; a first mirror [4] (Para. [0021]) disposed to the first side of the substrate [top side of 3]; a second mirror [6] (Para. [0021]) disposed to the first side of the substrate [top side of 3] and defining a first optical cavity [between 4 and 6] (Para. [0024]) between the first mirror [4] and the second mirror [6] (Para. [0024]); an active region [5] (Para. [0021]) between the first mirror [4] and the second mirror [6]; and a third mirror [11] (Para. [0022]) defining a second optical cavity (Paras. [0022,0025]), wherein the VCSEL is to generate a primary optical mode [42 Fig. 3] and a secondary optical mode [53 Fig. 3] (Para. [0040]) under direct modulation (Para. [0023]) and wherein the second optical cavity is configured to cause at least one of a photon-photon resonance effect (See plots 50 and 60 Fig. 3) (Para. [0039]) or a detuned-loading effect in an optical output of the VCSEL (Para. [0029]), and wherein the second optical cavity [12 Fig. 1] provides passive feedback (Para. [0039]) and facilities excitation of the secondary optical mode (Paras. [0039,0041]) to cause a resonant enhancement of a modulation sideband near the primary optical mode using the PPR effect (Para. [0041]) (See Fig. 3). Ji fails to disclose, The third mirror disposed to a second side of the substrate, Wherein the second optical cavity comprises the substrate, and wherein the second optical cavity is configured to cause a photon-photon resonance (PPR) effect and a detuned-loading effect in an optical output of the VCSEL Mooradian discloses in Fig. 1, a third mirror [28] (Para. [0031]) disposed to a second side [top side of 12 Fig. 1] (emission side) of a substrate [12] (Para. [0031]) where a second optical cavity [11a] (Para. [0023]) includes the substrate [12] (Para. [0023]) 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 third mirror structure of Mooradian into the device of Ji with the third mirror of Ji for the purpose of allowing emission through the substrate with the mirror acting as an output coupler. (Mooradian Para. [0031]) Examiner notes when the third mirror of Ji is implemented on the second side of the substrate as shown in Mooradian, the substrate will be included in the second optical cavity between the mirror [4] of Ji and the mirror [11] of Ji. Ji in view of Mooradian fails to disclose, wherein the second optical cavity is configured to cause both photon-photon resonance (PPR) effect and detuned-loading effect in an optical output of the emitter Liu discloses, The joint use of both photon-photon resonance (PPR) and detuned loading effect (Page 1, left column, Abstract) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to jointly use both the photon-photon resonance (PPR) effect and detuned-loading effect in Ji as disclosed in Liu for the purpose of enhancing the bandwidth of the device. (Liu Page 1, left column, Abstract) Regarding claim 17, Ji in view of Mooradian and Liu as applied to claim 15 above further discloses in Fig. 1 of Ji, wherein the second optical cavity [10] (Paras. [0022,0025]) is between the third mirror [11] and the first mirror [4]. Regarding claim 19, Ji in view of Mooradian and Liu as applied to claim 15 above further discloses in Fig. 1 of Ji, wherein the second optical cavity [10 Fig. 1] (Paras. [0022,0025]) is tuned to resonate at a frequency of the secondary optical mode [62 Fig. 3] (Para. [0041]). Claims 7,23,25 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claims 1,9 and 15 above and further in view of Cheung et al. (hereinafter Cheung) (US 20210399522 A1). Regarding claim 7, Ji in view of Liu discloses the device outlined in the rejection of claim 1 above but fails to disclose, wherein an optical element is integrated into the second side of the substrate, and wherein the third mirror is disposed on the optical element Cheung discloses in Fig. 4, an optical element [503] (Para. [0030]) integrated into a second side of a substrate [bottom side of 502] (Para. [0030]) 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 integrated lens of Cheung into the device of Ji for the purpose of allowing substrate-side emission with partial reflection of light back to the mirrors. (Cheung Para. [0030]) Examiner notes that when the optical element of Cheung is integrated into the second side of the substrate of the modified device of Ji, the third mirror as shown in Mooradian will be intervened by the optical element between the substrate and the third mirror. Regarding claim 23, Ji in view of Mooradian and Liu and Cheung as applied to claim 7 above further discloses, wherein the third mirror [11 Ji Fig. 1] is configured to be disposed on an optical element [503 Cheung Fig. 4] Examiner notes that when the optical element of Cheung is integrated into the second side of the substrate of the modified device of Ji, the third mirror as shown in Mooradian will be intervened by the optical element between the substrate and the third mirror. Regarding claim 25, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 9 above but fails to disclose, wherein the third mirror is configured to be disposed on an optical element Cheung discloses in Fig. 4, an optical element [503] (Para. [0030]) integrated into a second side of a substrate [bottom side of 502] (Para. [0030]) 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 integrated lens of Cheung into the modified device of Ji for the purpose of allowing substrate-side emission with partial reflection of light back to the mirrors. (Cheung Para. [0030]) Examiner notes that when the optical element of Cheung is integrated into the second side of the substrate of the modified device of Ji, the third mirror as shown in Mooradian will be intervened by the optical element between the substrate and the third mirror. Regarding claim 26, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 15 above but fails to disclose, Wherein the third mirror is configured to be disposed on an optical element Cheung discloses in Fig. 4, an optical element [503] (Para. [0030]) integrated into a second side of a substrate [bottom side of 502] (Para. [0030]) 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 integrated lens of Cheung into the modified device of Ji for the purpose of allowing substrate-side emission with partial reflection of light back to the mirrors. (Cheung Para. [0030]) Examiner notes that when the optical element of Cheung is integrated into the second side of the substrate of the modified device of Ji, the third mirror as shown in Mooradian will be intervened by the optical element between the substrate and the third mirror. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claim 9 above and further in view of Thornton (US 20080086038 A1). Regarding claim 11, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 9 above but fails to disclose, wherein the third mirror is configured to provide an optical power reflection of less than 10%. Thornton discloses in Fig. 1, a third mirror [38] (Para. [0057]) configured to provide an optical power reflection of less than 10% (Para. [0057]) 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 low reflectivity of the third mirror of Thornton into the third mirror of the modified device of Ji at the pump radiation of the modified device of Ji for the purpose of allowing emission of light through the substrate. Claims 21,24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claims 1,9 and 15 above, and further in view of Yuen et al. (hereinafter Yuen) (US 20190305522 A1). Regarding claim 21, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 1 above but fails to disclose, a metal layer configured in a partial-ring shape Yuen discloses in Fig. 1A, a metal layer [104] configured in a partial-ring shape (Para. [0018]) 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 partial ring shape of the top electrical contact of the modified device of Ji for the purpose of having the top contact surrounding an emission aperture of the device and providing electrical contact around more of the top of the device structure. Regarding claim 24, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 9 above but fails to disclose, a metal layer configured in a partial-ring shape Yuen discloses in Fig. 1A, a metal layer [104] configured in a partial-ring shape (Para. [0018]) 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 partial ring shape of the top electrical contact of the modified device of Ji for the purpose of having the top contact surrounding an emission aperture of the device and providing electrical contact around more of the top of the device structure. Regarding claim 27, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 15 above but fails to disclose, a metal layer configured in a partial-ring shape Yuen discloses in Fig. 1A, a metal layer [104] configured in a partial-ring shape (Para. [0018]) 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 partial ring shape of the top electrical contact of the modified device of Ji for the purpose of having the top contact surrounding an emission aperture of the device and providing electrical contact around more of the top of the device structure. Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claim 1 above, and further in view of Johnson et al. (hereinafter Johnson) (US 20040101009 A1). Regarding claim 28, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 1 above but fails to disclose, wherein at least a portion of a side of the first mirror is covered with a first implant isolation material, and wherein at least a portion of a side of the second mirror is covered with a second implant isolation material. Johnson discloses in Fig. 1, a portion of a side of a first mirror [11] (Para. [0012]) is covered with a first implant isolation material [22] (Para. [0014]), and wherein at least a portion of a side of a second mirror [15] (Para. [0012]) is covered with a second implant isolation material [21] (Para. [0014]) 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 implant isolation materials as shown in Jonson in the modified device of Ji for the purpose of reducing capacitance. (Johnson Para. [0014]) Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claim 1 above, and further in view of Yamaguchi et al. (hereinafter Yamaguchi) (WO 2022176482 A1). Examiner notes the US 20240128721 A1 publication will be used for the claim mapping of Yamaguchi. Regarding claim 29, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 1 above but fails to disclose, wherein at least a portion of a side of the first mirror is covered with a first implant isolation material that is configured to terminate near a first surface of the first side of the substrate. Yamaguchi discloses in Fig. 54, a portion of a first mirror [102] (Para. [0402]) is covered with an implant isolation material [C1] (Para. [0164]) that is configured to terminate near a first surface of a first side of a substrate [upper surface of top side of substrate 101] (Para. [0402]) 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 implant isolation in the first mirror to the substrate as shown in Yamaguchi in the modified device of Ji for the purpose of obtaining more light and current confinement. (Yamaguchi Para. [0420]) Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claim 1 above, and further in view of Garnache-Creuillot et al. (hereinafter Garnache) (US 20170256913 A1). Regarding claim 30, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 1 above and further discloses in Ji, the secondary optical mode, used for achieving the PPR effect (Ji Paras. [0039,0041]), Ji in view of Mooradian and Liu fails to disclose, one or more heating elements configured to provide thermal tuning, wherein the secondary optical mode is obtained based on the thermal tuning Garnache discloses, one or more heating elements (Para. [0046]) configured to provide thermal tuning (Para. [0046]), wherein an optical mode, is obtained based on the thermal tuning (Para. [0098]) 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 temperature elements for thermal tuning as shown in Garnache to tun the optically cavity and mode of the modified device of Ji for the purpose of achieving continuous thermal tuning. (Garnache Para. [0098]) Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Ji in view of Mooradian and Liu as applied to claim 1 above, and further in view of Nakajima et al. (hereinafter Nakajima) (US 20210249844 A1). Regarding claim 31, Ji in view of Mooradian and Liu discloses the device outlined in the rejection of claim 1 above but fails to disclose, wherein the third mirror extends beyond confinement of the first mirror or the second mirror horizontally. Nakajima discloses in Fig. 1, a mirror [17a] (Para. [0038]) on lower side of a substrate [11] (Para. [0036]) extending beyond confinement of a first mirror [17b] (Para. [0036]) horizontally (see Fig. 1) 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 lower substrate side mirror in the manner as shown in Nakajima in the modified device of Ji for the purpose of reducing the spot size of light. (Nakajima Para. [0077]) Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. 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, MinSun Harvey can be reached at (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 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. /H.J.N./Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828
Read full office action

Prosecution Timeline

Show 11 earlier events
Feb 03, 2026
Request for Continued Examination
Feb 10, 2026
Response after Non-Final Action
Feb 18, 2026
Non-Final Rejection mailed — §103, §112
Apr 15, 2026
Interview Requested
Apr 30, 2026
Examiner Interview Summary
Apr 30, 2026
Applicant Interview (Telephonic)
May 18, 2026
Response Filed
Jul 24, 2026
Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706441
MICRO-RING LASER BANDWIDTH ENHANCEMENT WITH MICRO-RING RESONATOR
4y 0m to grant Granted Aug 11, 2026
Patent 12633724
VARIABLE-WAVELENGTH SURFACE EMISSION LASER
3y 11m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 2 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
32%
Grant Probability
69%
With Interview (+36.8%)
3y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 25 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month