DETAILED ACTION
Claims 1 through 20 originally filed 6 March 2023. By response to restriction requirement received 19 December 2025; Invention A is elected for examination and claims 11 through 20 are withdrawn from consideration. Claims 1 through 10 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
Claims 11 through 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 19 December 2025.
Applicant’s election with traverse of Invention A in the reply filed on December 19, 2025 is acknowledged. The traversal is on the ground(s) that there is no serious burden to examining both inventions. This is not found persuasive because invention B has a different field of search than invention A due to claim interpretation requirements set forth in MPEP §2113. Particularly, the method of invention A requires searching methods of fabrication which would not be relevant to the device limitations encompassed by invention B. Additionally, the device of invention B requires searching device structures that include either no recitation of fabrication techniques or fabrication techniques other than those encompassed by invention B. Accordingly, inventions A and B require different fields of search to determine the patentability of the respective claimed inventions. These different fields of search create a serious burden to examination.
The requirement is still deemed proper and is therefore made FINAL.
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 the implied phrase "Disclosed are".
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).
The disclosure is objected to because of the following informalities:
The disclosure uses the term "dielectric" throughout in a manner that suggests that most if not all of these uses of the term are inconsistent with the ordinary meaning of the term. For example, the disclosure refers to layers 10 and 30 as formed of "dielectric" materials despite these layers also being described as being doped and conducting electricity. This is contrary to the ordinary meaning of the term "dielectric" which is used in cases where a material is used as an insulator. Further, the disclosure identifies in ¶2, 4, and 5 that the present invention relates to "semiconductor" lasers which are made of semiconductor materials rather than dielectric as described. From this, it is likely that the term “semiconductor” was intended in place of the term “dielectric”. Accordingly, the term "dielectric" is used contrary to the accepted meaning of the term and has not been redefined within the disclosure.
Appropriate correction is required.
Claim Objections
Claims 2 through 4 objected to because of the following informalities:
Claim 2 is objected to for use of the words "patter" and "patters". These are understood to be typographical errors with the correct terms being "pattern" and "patterns" respectively.
Claims 3 and 4 are objected to because they depend from claim 2 and inherit the above noted deficiency of claim 2.
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.
Claims 1 through 10 rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, 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.
Regarding claim 1, this claim requires a "first doped dielectric layer" and a "ridge-shaped doped dielectric layer". The term "dielectric" is used in the art to indicate that a material is insulating. However, this claim also requires current to be conveyed through at least the "ridge-shaped doped dielectric layer" which is not possible for an insulating layer. Accordingly, this claim uses the term "dielectric" in a manner contrary to the ordinary meaning of the term (MPEP §2173.05(a)). As such, this claim is 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. For the remainder of this action, this claim will be interpreted as referring to a "semiconductor" in all places where the term "dielectric" is used.
Further, this claim requires a "first doped dielectric layer" and no further enumerated "doped dielectric layer". When using ordinal designations, it is necessary to start with an initial ordinal designation such as "first" and introduce further elements in numerical order from that point. Failure to adhere to such an ordering creates the implication of additional elements without strictly indicating the presence thereof. In the present case, the presence of a "first doped dielectric layer" implies a "second" such layer, but no such layer is explicitly recited. Due to this implication, it is unclear whether or not the claim actually requires the presence of the implied features. As such, this claim is deemed indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. For the remainder of this action, this claim will be interpreted as requiring no elements other than those explicitly stated.
Regarding claim 5, this claim requires a "first masking layer" and a "fourth masking layer" but requires no other "masking layer". When using ordinal designations, it is necessary to start with an initial ordinal designation such as "first" and introduce further elements in numerical order from that point. Failure to adhere to such an ordering creates the implication of additional elements without strictly indicating the presence thereof. Due to this implication, it is unclear whether or not the claim actually requires the presence of the implied features. As such, this claim is deemed indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. For the remainder of this action, this claim will be interpreted as requiring no elements other than those explicitly stated.
Regarding claims 2 through 10, each of these claims depend properly from claim 1 and inherit all limitations thereof. As such, these claims are also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. For the remainder of this action, these claims will also be interpreted as noted above regarding claim 1.
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.
Claims 1, 7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji (US Pub. 2011/0306185), in view of Takagi (US Pub. 2018/0041008), in view of Liau et al. (Liau, US Patent 4,722,092), and further in view of Fukuda et al. (Fukuda, US Pub. 2010/0296539).
Regarding claim 1, Tsuji discloses, "Providing an epitaxial structure" (p. [0041] and Fig. 1A). "The epitaxial structure comprising a substrate" (p. [0041] and Fig. 1A, pt. 1). "A first doped dielectric layer" (p. [0042] and Fig. 1A, pt. 3). "A multiple quantum well active layer" (p. [0042] and Fig. 1A, pt. 5). "A ridge-shaped doped dielectric layer" (p. [0042] and Figs. 1A and 9C, pt. 7). "[The epitaxial structure] stacked in sequence" (p. [0041] and Fig. 1A, pts. 1, 3, 5, and 7). "Forming a grating structure on the ridge-shaped doped dielectric layer" (p. [0042] and Fig. 6B, pts. 7 and 7g). "The grating structure comprising a plurality of grating grooves periodically spaced along a waveguide direction of the laser" (p. [0042] and Fig. 6B, pts. 7 and 7g). "Forming a top electrode layer" (p. [0087] and Fig. 9C, pt. 33). Tsuji does not explicitly disclose, "Forming a reflective surface at one end of the grating structure." "Light reflected back to a laser cavity by the reflective surface having a preset phase." Takagi discloses, "Forming a reflective surface at one end of the grating structure" (p. [0044] and Fig. 30, pt. 6). "Light reflected back to a laser cavity by the reflective surface having a preset phase" (p. [0044] and Fig. 30, pt. 6). 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 Tsuji with the teachings of Takagi. In view of the teachings of Tsuji regarding a DFB laser, the additional inclusion of a window region formed with the same mask as the grating as taught by Takagi would enhance the teachings of Tsuji by allowing the phase of light at that window region to be adjusted.
The combination of Tsuji and Takagi does not explicitly disclose, "Preset conductive regions defined by the grating grooves." "The top electrode layer forming an ohmic contact with at least a top surface of each of the preset conductive regions." "[The top electrode layer] enabling carriers injected through the top electrode layer to flow through the preset conductive regions and the ridge-shaped doped dielectric layer under the grating grooves in turn." "[The carriers] then diffuse laterally to the multiple quantum well active layer to form a carrier distribution region for providing pumping." Liau discloses, "Preset conductive regions defined by the grating grooves" (col. 7, lines 17-25 and Fig. 6, pts. 12 and 30', where grooves 30' produce conductive regions in the upper cladding layer). "The top electrode layer forming an ohmic contact with at least a top surface of each of the preset conductive regions" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). "[The top electrode layer] enabling carriers injected through the top electrode layer to flow through the preset conductive regions and the ridge-shaped doped dielectric layer under the grating grooves in turn" (col. 5, lines 5-13, col. 7, lines 8-16, and Figs. 2 and 6, pts. 12, 18, 24, 24', 28, and 30', where current is injected from electrode 24' through active region 18 via cladding 12 around grooves 30'). "[The carriers] then diffuse laterally to the multiple quantum well active layer to form a carrier distribution region for providing pumping" (col. 5, lines 5-13, col. 7, lines 8-16, and Figs. 2 and 6, pts. 12, 18, 24, 24', 28, and 30', where carriers naturally spread when flowing through cladding layer 12). 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 the combination of Tsuji and Takagi with the teachings of Liau. In view of the teachings of Tsuji regarding a DFB laser, the alternate construction of the grating to be formed of alternating conducting and insulating regions as taught by Liau would enhance the teachings of Tsuji and Takagi by allowing for improved mode selection of the laser device.
The combination of Tsuji, Takagi, and Liau does not explicitly disclose, "A light-transmitting insulating layer covering at least sidewall of the grating grooves being formed in each grating groove." Fukuda discloses, "A light-transmitting insulating layer covering at least sidewall of the grating grooves being formed in each grating groove" (p. [0087] and Fig. 1B, pts. 104 and 113, where the grooves Liau are filled with an insulating material in like manner to the placement of insulating layer 104 between contacts 113 of Fukuda). 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 the combination of Tsuji, Takagi, and Liau with the teachings of Fukuda. In view of the teachings of Tsuji regarding a DFB laser and the teachings of Liau regarding the inclusion of insulating regions within the grating, the additional inclusion of an insulating material filling the region between contact regions as taught by Fukuda would enhance the teachings of Tsuji, Takagi, and Liau by allowing for additional structural stability within the device as well as preventing deposition of material in the region where the insulating material is present.
Regarding claim 7, Tsuji discloses, "Wherein before forming the grating structure and the reflective surface, or between forming the grating structure and forming the reflective surface, or after forming the grating structure and the reflective surface… performing at least one laser waveguide defining process on an obtained structure" (p. [0085] and Figs. 8B and 8C).
Regarding claim 9, The combination of Tsuji, Takagi, and Liau does not explicitly disclose, "Wherein the light-transmitting insulating layer comprises at least one of a dielectric material and a polymer material." Fukuda discloses, "Wherein the light-transmitting insulating layer comprises at least one of a dielectric material and a polymer material" (p. [0087] and Fig. 1B, pt. 104). 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 the combination of Tsuji, Takagi, and Liau with the teachings of Fukuda for the reasons provided above regarding claim 1.
Regarding claim 10, The combination of Tsuji and Takagi does not explicitly disclose, "Wherein before forming the grating structure on the ridge-shaped doped dielectric layer and forming the reflective surface at one end of the grating structure… forming an electrical contact layer on the top of the ridge-shaped doped dielectric layer." "Forming the top electrode layer on the top of the electrical contact layer." "The electrical contact layer enables the top electrode layer to form an electrical connection with each preset conductive region." Liau discloses, "Wherein before forming the grating structure on the ridge-shaped doped dielectric layer and forming the reflective surface at one end of the grating structure… forming an electrical contact layer on the top of the ridge-shaped doped dielectric layer" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). "Forming the top electrode layer on the top of the electrical contact layer" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). "The electrical contact layer enables the top electrode layer to form an electrical connection with each preset conductive region" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). 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 the combination of Tsuji and Takagi with the teachings of Liau for the reasons provided above regarding claim 1.
Claims 2 through 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuji, in view of Takagi, in view of Liau, in view of Fukuda, and further in view of Hashimoto (US Pub. 2018/0375294).
Regarding claim 2, Tsuji does not explicitly disclose, "Forming a first masking layer on an upper surface of the ridge-shaped doped dielectric layer." "The first masking layer comprising a plurality of first opening patterns and a second opening pattern." "The first opening patters and the second opening patter being formed by removing part of the first masking layer by lithography." "The first opening patterns being configured to define a position and a shape of each of the grating grooves." "The second opening pattern being configured to define a position and a shape of the reflective surface with the preset phase." "Forming a second masking layer covering at least the second opening pattern and exposes the first opening patterns." "Etching and removing part of the first masking layer and part of the ridge-shaped doped dielectric layer based on the first opening patterns to form the grating grooves." Takagi discloses, "Forming a first masking layer on an upper surface of the ridge-shaped doped dielectric layer" (p. [0041] and Fig. 24, pts. 17 and 18). "The first masking layer comprising a plurality of first opening patterns and a second opening pattern" (p. [0041] and Fig. 24, pt. 18, where the first openings are the openings above layer 17 and the second opening is the opening above layer 6). "The first opening patters and the second opening patter being formed by removing part of the first masking layer by lithography" (p. [0041] and Figs. 23 and 24, pts. 18 and 19). "The first opening patterns being configured to define a position and a shape of each of the grating grooves" (p. [0042] and Figs. 25 and 26, pts. 3, 17, and 18). "The second opening pattern being configured to define a position and a shape of the reflective surface with the preset phase" (p. [0043] and Fig. 30, pts. 6 and 18). "Forming a second masking layer covering at least the second opening pattern and exposes the first opening patterns" (p. [0041] and Fig. 24, pts. 18 and 20). "Etching and removing part of the first masking layer and part of the ridge-shaped doped dielectric layer based on the first opening patterns to form the grating grooves" (p. [0042] and Figs. 25 and 26, pts. 3, 17, and 18, where the etching will naturally some a portion of the masking layers). 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 Tsuji with the teachings of Takagi for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, and Liau does not explicitly disclose, "Forming a light-transmitting insulating material layer." "The light-transmitting insulating material layer filling the grating grooves and covering an upper surface of the second mask layer." "Removing the light-transmitting insulating material layer located on top of the grating grooves to form the grating structure." "A remaining part of the light-transmitting insulating material layer constituting a light-transmitting insulating layer." Fukuda discloses, "Forming a light-transmitting insulating material layer" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed at the time of embedded layer 4 of Takagi). "The light-transmitting insulating material layer filling the grating grooves and covering an upper surface of the second mask layer" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed over the entire upper surface which includes the mask 20 of Takagi). "Removing the light-transmitting insulating material layer located on top of the grating grooves to form the grating structure" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed over the entire upper surface which includes the mask 20 of Takagi). "A remaining part of the light-transmitting insulating material layer constituting a light-transmitting insulating layer" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed over the entire upper surface which includes the mask 20 of Takagi). 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 the combination of Tsuji, Takagi, and Liau with the teachings of Fukuda for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, Liau, and Fukuda does not explicitly disclose, "Removing part of the light-transmitting insulating material layer, part of the second masking layer, part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface." Hashimoto discloses, "Removing part of the light-transmitting insulating material layer, part of the second masking layer, part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface" (p. [0117] and Figs. 14A and 14B, pts. 32, 33, 34, and 84, where implementing this etched facet formation process in the combination requires removing layer 20 of Takagi and any insulating layer from Fukuda that covers layer 20 of Takagi). 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 the combination of Tsuji, Takagi, Liau, and Fukuda with the teachings of Hashimoto. In view of the teachings of Tsuji regarding a DFB laser and the teachings of Takagi regarding a window region formed at one end of the laser device, the alternate construction of the window region directly from the epitaxial layers as well as the additional inclusion of a reflecting layer at the rear surface of the window region as taught by Hashimoto would enhance the teachings of Tsuji, Takagi, Liau, and Fukuda by providing a suitably alternate precursor from which to form the window region as well as by providing a desired reflectivity at the window region.
Regarding claim 3, The combination of Tsuji and Takagi does not explicitly disclose, "Forming a top electrode layer at least covering the top surface of each preset conductive region." "Forming the ohmic contact with each of the preset conductive region." "Forming a third masking layer covering at least an upper surface of the top electrode layer." Liau discloses, "Forming a top electrode layer at least covering the top surface of each preset conductive region" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). "Forming the ohmic contact with each of the preset conductive region" (col. 7, lines 25-27 and Fig. 6, pts. 12 and 24'). "Forming a third masking layer covering at least an upper surface of the top electrode layer" (Fig. 6, pts. 24' and 30', where mask layer 21 of Takagi is applied after the grating is buried such that it is formed after the electrode layer 24' of Liau in this combination because electrode layer 24' of Liau completes the burying of the grating). 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 the combination of Tsuji and Takagi with the teachings of Liau for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, and Liau does not explicitly disclose, "Wherein after the forming the light-transmitting insulating material layer… removing the light-transmitting insulating material layer located on top of the grating grooves to form the grating structure." "The remaining part of the light-transmitting insulating material layer constituting the light-transmitting insulating layer." Fukuda discloses, "Wherein after the forming the light-transmitting insulating material layer… removing the light-transmitting insulating material layer located on top of the grating grooves to form the grating structure" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed over the entire upper surface which includes the mask 20 of Takagi). "The remaining part of the light-transmitting insulating material layer constituting the light-transmitting insulating layer" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed over the entire upper surface which includes the mask 20 of Takagi). 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 the combination of Tsuji, Takagi, and Liau with the teachings of Fukuda for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, Liau, and Fukuda does not explicitly disclose, "Removing part of the light-transmitting insulating material layer, part of the second masking layer, part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface." Hashimoto discloses, "Removing part of the light-transmitting insulating material layer, part of the second masking layer, part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface" (p. [0117] and Figs. 14A and 14B, pts. 32, 33, 34, and 84, where implementing this etched facet formation process in the combination requires removing layer 20 of Takagi and any insulating layer from Fukuda that covers layer 20 of Takagi). 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 the combination of Tsuji, Takagi, Liau, and Fukuda with the teachings of Hashimoto for the reasons provided above regarding claim 2.
Regarding claim 4, Tsuji does not explicitly disclose, "Wherein etching rates of the second masking layer and the first masking layer are different." Takagi discloses, "Wherein etching rates of the second masking layer and the first masking layer are different" (p. [0041] and Fig. 24, pts. 18 and 20, where these materials have different etch rates). 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 Tsuji with the teachings of Takagi for the reasons provided above regarding claim 1.
Regarding claim 5, Tsuji does not explicitly disclose, "Forming a first masking layer on an upper surface of the ridge-shaped doped dielectric layer." "The first masking layer comprising first opening patterns and a second opening pattern." "The first opening patterns and the second opening pattern being formed by removing part of the first masking layer by lithography." "The first opening patterns being configured define a position and a shape of each of the grating grooves." "The second opening pattern being configured to define a position and a shape of the reflective surface with the preset phase." "Etching and removing part of the first masking layer and part of the ridge-shaped doped dielectric layer based on the first opening patterns to form the grating grooves." Takagi discloses, "Forming a first masking layer on an upper surface of the ridge-shaped doped dielectric layer" (p. [0041] and Fig. 24, pts. 17 and 18). "The first masking layer comprising first opening patterns and a second opening pattern" (p. [0041] and Fig. 24, pt. 18, where the first openings are the openings above layer 17 and the second opening is the opening above layer 6). "The first opening patterns and the second opening pattern being formed by removing part of the first masking layer by lithography" (p. [0041] and Figs. 23 and 24, pts. 18 and 19). "The first opening patterns being configured define a position and a shape of each of the grating grooves" (p. [0042] and Figs. 25 and 26, pts. 3, 17, and 18). "The second opening pattern being configured to define a position and a shape of the reflective surface with the preset phase" (p. [0043] and Fig. 30, pts. 6 and 18). "Etching and removing part of the first masking layer and part of the ridge-shaped doped dielectric layer based on the first opening patterns to form the grating grooves" (p. [0042] and Figs. 25 and 26, pts. 3, 17, and 18, where the etching will naturally some a portion of the masking layers). 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 Tsuji with the teachings of Takagi for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, and Liau does not explicitly disclose, "Forming a light-transmitting insulating layer in at least the grating grooves to form the grating structure." Fukuda discloses, "Forming a light-transmitting insulating layer in at least the grating grooves to form the grating structure" (p. [0087] and Fig. 1B, pts. 104 and 113, where the insulating layer of Fukuda is formed at the time of embedded layer 4 of Takagi). 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 the combination of Tsuji, Takagi, and Liau with the teachings of Fukuda for the reasons provided above regarding claim 1.
The combination of Tsuji, Takagi, Liau, and Fukuda does not explicitly disclose, "Removing part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface." Hashimoto discloses, "Removing part of the ridge-shaped doped dielectric layer, part of the multiple quantum well active layer and part of the first doped dielectric layer to form the reflective surface" (p. [0117] and Figs. 14A and 14B, pts. 32, 33, 34, and 84). 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 the combination of Tsuji, Takagi, Liau, and Fukuda with the teachings of Hashimoto for the reasons provided above regarding claim 2.
The combination of Tsuji, Takagi, Liau, Fukuda, and Hashimoto does not explicitly disclose, "Forming a fourth masking layer." "The fourth masking layer at least covering the first opening patterns and exposing the second opening pattern." "Removing the fourth masking layer to expose the first opening patterns." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to arrange the masks of Takagi such that the second insulating film covers the grating region rather than the end of the window region so as to allow the sequence for forming these features to be reversed, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 6, Tsuji does not explicitly disclose, "Wherein etching rates of the fourth masking layer and the first masking layer are different." Takagi discloses, "Wherein etching rates of the fourth masking layer and the first masking layer are different" (p. [0041] and Fig. 24, pts. 18 and 20, where these materials have different etch rates). 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 Tsuji with the teachings of Takagi for the reasons provided above regarding claim 1.
Regarding claim 8, The combination of Tsuji, Takagi, Liau, and Fukuda does not explicitly disclose, "Wherein after forming the reflective surface… forming a reflective film on the reflective surface." "A material of the reflective film comprising at least one of high-reflection material and anti-reflection material." Hashimoto discloses, "Wherein after forming the reflective surface… forming a reflective film on the reflective surface" (p. [0118] and Fig. 15, pts. 72 and 75B). "A material of the reflective film comprising at least one of high-reflection material and anti-reflection material" (p. [0107] and Fig. 15, pts. 72 and 75B). 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 the combination of Tsuji, Takagi, Liau, and Fukuda with the teachings of Hashimoto for the reasons provided above regarding claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Meyer et al. (Meyer, US Pub. 2020/0018701) is cited for teaching that one may fill etched grooves that form a grating with an insulating material.
Wunderer (US Pub. 2020/0403375) is cited for teaching benefits for employing a grating that also includes insulating regions.
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/SEAN P HAGAN/Examiner, Art Unit 2828