DETAILED ACTION
Claims 1 through 20 originally filed 20 February 2023. By preliminary amendment received 20 February 2023; claims 3, 5 through 8, 10, 14, 15, 19, and 20 are amended. By amendment received 14 August 2023; claims 1 through 3, 5, and 16 are amended. By election received 21 November 2025; Invention A is elected for examination and claims 16 through 20 are withdrawn from consideration. Claims 1 through 15 are addressed by this 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 .
Election/Restrictions
Applicant’s election without traverse of Invention A in the reply filed on 21 November 2025 is acknowledged.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, applications, or other information submitted for consideration by the Office, and MPEP § 609.04(a), subsection I. states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
The information disclosure statement filed 5 June 2024 fails to comply with 37 CFR 1.98(b)(4), which requires each foreign patent or published foreign patent application listed in an information disclosure statement must be identified by the country or patent office which issued the patent or published the application, an appropriate document number, and the publication date indicated on the patent or published application. It has been placed in the application file, but the information referred to therein has not been considered.
Particularly, Foreign Reference 1 of IDS dated 5 June 2024 is cited with two different country codes.
Drawings
Figure 1B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
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
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet preferably within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc. In addition, the form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided.
The abstract of the disclosure is objected to because it includes legal phraseology (e.g. "comprises", "means").
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6 and 7 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 6, this claim requires only "Wherein the electrical contact comprises a regular or irregular shape." However, this requirement exhaustively enumerates the possible configurations of parent claim 1. As such, this claim is of improper dependent form for failing to further limit the subject matter of the claim upon which it depends.
Regarding claim 7, this claim requires only "Wherein the aperture comprises a regular or irregular shape." However, this requirement exhaustively enumerates the possible configurations of parent claim 1. As such, this claim is of improper dependent form for failing to further limit the subject matter of the claim upon which it depends.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(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, 6 through 11, and 14 are rejected under 35 U.S.C. 102 as being anticipated by Hashimoto et al. (H461a, US Pub. 2023/0070461).
H461a was initially cited in the IDS received 5 June 2024.
Regarding claim 1, H461a discloses, "The electrical contact comprising a perimeter area" (p. [0035] and Fig. 2B, pts. 80 and 80sc). "An aperture located within the perimeter area" (p. [0035] and Fig. 2B, pts. 80 and SER). "Two or more electrical tracks" (p. [0035] and Fig. 2B, pts. 80f). "Each [track] extending from the perimeter area to a free end within the aperture" (p. [0035] and Fig. 2B, pts. 80f). "Wherein the two or more electrical tracks comprise a non-linear shape" (p. [0059] and Fig. 8A, pt. 86fc).
Regarding claim 6, H461a discloses, "Wherein the electrical contact comprises a regular or irregular shape" (p. [0035] and Fig. 2B, pts. 80f).
Regarding claim 7, H461a discloses, "Wherein the aperture comprises a regular or irregular shape" (p. [0035] and Fig. 2B, pts. 80 and SER).
Regarding claim 8, H461a discloses, "Wherein the electrical contact is formed from an electrically conductive metal" (p. [0031]).
Regarding claim 9, H461a discloses, "Wherein the electrical contact is formed from gold (Au)" (p. [0031]).
Regarding claim 10, H461a discloses, "A semiconductor laser device comprising [the] electrical contact" (p. [0032] and Fig. 1, pts. 1 and 80).
Regarding claim 11, H461a discloses, "Wherein the electrical contact is located on an output surface of the semiconductor laser device" (p. [0035] and Fig. 2B, pts. 80 and SER).
Regarding claim 14, H461a discloses, "Wherein the semiconductor laser device comprises a photonic crystal surface emitting laser (PCSEL)" (p. [0022] and Fig. 1, pt. 1).
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.
Claims 2 through 5 are rejected under 35 U.S.C. 103 as being unpatentable over H461a in view of Hashimoto et al. (H958b, US Pub. 2004/0012958).
Regarding claim 2, H461a does not explicitly disclose, "Wherein each of the two or more electrical tracks consist of a non-linear shape which extends from the perimeter area to a free end within the aperture." H958b discloses, "Wherein each of the two or more electrical tracks consist of a non-linear shape which extends from the perimeter area to a free end within the aperture" (p. [0088] and Fig. 8, pts. 6 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of H958b. In view of the teachings of H461a regarding a laser device including a particularly shaped emission electrode, the alternate arrangement of the electrode extensions to form interlocked spirals as taught by H958b would enhance the teachings of H461a by allowing good electrical coverage of the surface by the electrodes.
Regarding claim 3, H461a does not explicitly disclose, "Wherein the two or more electrical tracks form the arms of a spiral pattern." H958b discloses, "Wherein the two or more electrical tracks form the arms of a spiral pattern" (p. [0088] and Fig. 8, pts. 6 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of H958b for the reasons provided above regarding claim 2.
Regarding claim 4, H461a does not explicitly disclose, "Wherein a centre of the spiral pattern coincides with the centre of the aperture." H958b discloses, "Wherein a centre of the spiral pattern coincides with the centre of the aperture" (p. [0088] and Fig. 8, pts. 6 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of H958b for the reasons provided above regarding claim 2.
Regarding claim 5, H461a does not explicitly disclose, "Wherein the two or more electrical tracks are S-shaped or curved shaped tracks." H958b discloses, "Wherein the two or more electrical tracks are S-shaped or curved shaped tracks" (p. [0088] and Fig. 8, pts. 6 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of H958b for the reasons provided above regarding claim 2.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over H461a in view of Takiguchi et al. (Takiguchi, US Pub. 2020/0106240).
Takiguchi was initially cited in the IDS received 14 August 2023.
Regarding claim 12, H461a does not explicitly disclose, "Wherein the electrical contact is located on a cladding layer of the semiconductor laser device." Takiguchi discloses, "Wherein the electrical contact is located on a cladding layer of the semiconductor laser device" (p. [0085] and Fig. 1, pts. 13 and 16). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of Takiguchi. In view of the teachings of H461a regarding a laser device including a particularly shaped emission electrode, the alternate arrangement of the laser device such that the emission surface is opposite the laser substrate as taught by Takiguchi would enhance the teachings of H461a by indicating a suitably alternate manner of constructing a laser device.
Regarding claim 13, H461a does not explicitly disclose, "Wherein the electrical contact is located on a photonic crystal layer or an active layer of the semiconductor laser device." Takiguchi discloses, "Wherein the electrical contact is located on a photonic crystal layer or an active layer of the semiconductor laser device" (p. [0099] and Figs. 1 and 7, pts. 15A, 16, and 151). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of Takiguchi for the reasons provided above regarding claim 12.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over H461a in view of Jonsson et al. (Jonsson, US Patent 6,356,573).
Regarding claim 15, H461a does not explicitly disclose, "Wherein the semiconductor laser device comprises a vertical cavity surface emitting laser (VCSEL)." Jonsson discloses, "Wherein the semiconductor laser device comprises a vertical cavity surface emitting laser (VCSEL)" (col. 3, lines 9-12 and Fig. 1, pts. 14, 16, 18, and 28). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of H461a with the teachings of Jonsson. In view of the teachings of H461a regarding a laser device including a particularly shaped emission electrode, the alternate construction of the laser device as a VCSEL as taught by Jonsson would enhance the teachings of H461a by indicating a suitably alternate manner of constructing a laser device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (Lee, US Pub. 2006/0192223) is cited for providing additional teachings related to how electrodes may be shaped for optical devices.
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/SEAN P HAGAN/Examiner, Art Unit 2828