DETAILED ACTION
Claims 1 through 22 originally filed 9 May 2023. By response to restriction requirement received 19 March 2026; Invention A is elected for examination and claims 17 through 22 are withdrawn from consideration. Claims 1 through 16 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 .
Specification
The specification is objected to under 37 C.F.R. 1.74. The specification refers to Figure 3 which is not used in the drawings. It is improper to use constructions such as "Fig. 1" to refer jointly to drawings that are labeled "Fig. 1A" and "Fig. 1B" (see MPEP 608.01f). Appropriate correction is required.
In the present case, this figure is referred to in ¶89.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5).
The drawings include the reference characters "160" and "810" which do not appear in the description. Reference characters not mentioned in the description must not appear in the drawings.
The description includes the reference character "350" which does not appear in the drawings. Reference characters mentioned in the description must appear in the drawings.
In the present case, these reference characters or similar numbers appear in the following locations: "350" is mentioned in ¶56.
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 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, 2, 4, and 5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tanaka et al. (Tanaka, US Pub. 2025/0149858).
Regarding claim 1, Tanaka discloses, "A quantum well configured to emit light" (p. [0116] and Fig. 1, pt. 104). "Wherein the quantum well defines a quantum well plane" (p. [0116] and Fig. 1, pt. 104). "Wherein an optical axis is perpendicular to the quantum well plane" (p. [0116] and Fig. 1, pt. 104). "A tunnel junction proximate the quantum well along the optical axis" (p. [0116] and Fig. 1, pts. 104 and 106). "Wherein the tunnel junction comprises a p-type material proximate the quantum well" (p. [0120] and Fig. 1, pts. 104, 106, and 106a). "Wherein the p-type material comprises a mesa region having a maximum outer dimension" (p. [0120] and Fig. 1, pt. 106a). "Wherein the mesa region has a first area in a first plane perpendicular to the optical axis" (p. [0120] and Fig. 1, pt. 106a). "An n-type material disposed on the mesa region within the first area" (p. [0120] and Fig. 1, pt. 106b). "Wherein the n-type material has a second area in a second plane parallel to the first plane" (p. [0120] and Fig. 1, pt. 106b). "Wherein the second area is equal or less than the first area" (p. [0110] and Fig. 1, pts. 106a and 106b, where the area at the top of 106a is larger than the area at the top of 106b due to the convex shape of this structure). "Wherein the p-type material and the n-type material are configured to provide a change in refractive index from the maximum outer dimension over a distance toward the optical axis" (p. [0118] and Fig. 1, pts. 106 and 107). "Wherein the change in the refractive index forms an optical aperture of the laser" (p. [0118] and Fig. 1, pts. 106 and 107).
Regarding claim 2, Tanaka discloses, "Wherein the laser is a vertical-cavity surface-emitting laser" (p. [0106] and Fig. 1, pt. 10-1).
Regarding claim 4, Tanaka discloses, "Wherein the n-type material comprises a first surface adjacent the mesa region and a second surface opposite the first surface" (p. [0120] and Fig. 1, pt. 106b). "Wherein the n-type material has an outer dimension that increases along the optical axis from the second surface to the first surface" (p. [0110] and Fig. 1, pt. 106b, where the area at the bottom of 106b is larger than the area at the top of 106b due to the convex shape of this structure).
Regarding claim 5, Tanaka discloses, "Wherein the mesa region has an outer dimension that increases along the optical axis from a third surface adjacent the n-type material toward the quantum well" (p. [0110] and Fig. 1, pt. 106, where the area at the bottom of 106 is larger than the area at the top of 106 due to the convex shape of this structure).
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Tanaka in view of Kuramoto et al. (Kuramoto, US Pub. 2019/0363515).
Regarding claim 3, Tanaka does not explicitly disclose, "Wherein the laser is a single-mode vertical-cavity surface-emitting laser." Kuramoto discloses, "Wherein the laser is a single-mode vertical-cavity surface-emitting laser" (p. [0066], [0086], and Fig. 4, pt. 21). 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 Tanaka with the teachings of Kuramoto. In view of the teachings of Tanaka regarding a VCSEL including a current and optical confinement region embodied in a tunnel junction, the additional requirement for constructing the confinement region to achieve single mode operation as taught by Kuramoto would enhance the teachings of Tanaka by allowing the device to be useful for applications requiring single mode output.
Claims 6 through 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka in view of Cujia Pena et al. (Cujia Pena, US Pub. 2017/0104313).
Regarding claim 6, Tanaka does not explicitly disclose, "Wherein the n-type material comprises a central n-type mesa and an outer n-type region separated from the central n-type mesa by an opening." Cujia Pena discloses, "Wherein the n-type material comprises a central n-type mesa and an outer n-type region separated from the central n-type mesa by an opening" (p. [0027] and Fig. 1, pts. 121 and 124). 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 Tanaka with the teachings of Cujia Pena. In view of the teachings of Tanaka regarding a VCSEL including a current and optical confinement region embodied in a tunnel junction, the alternate construction of the optical confinement region as a high contrast grating as taught by Cujia Pena would enhance the teachings of Tanaka by providing a suitably alternate manner of constructing a region that provides the desired refractive index variation.
Regarding claim 7, Tanaka does not explicitly disclose, "Wherein the outer n-type region has a width that is less than half of a wavelength of the light in the n-type material." Cujia Pena discloses, "Wherein the outer n-type region has a width that is less than half of a wavelength of the light in the n-type material" (p. [0028] and Fig. 1, pts. 121 and 124). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Regarding claim 8, Tanaka does not explicitly disclose, "Wherein the opening has a width that is less than half of a wavelength of the light in the n-type material." Cujia Pena discloses, "Wherein the opening has a width that is less than half of a wavelength of the light in the n-type material" (p. [0028] and Fig. 1, pts. 121 and 124). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Regarding claim 9, Tanaka does not explicitly disclose, "Wherein the outer n-type region has an external dimension equal to the maximum outer dimension of the mesa region of the p-type material." Cujia Pena discloses, "Wherein the outer n-type region has an external dimension equal to the maximum outer dimension of the mesa region of the p-type material" (p. [0028] and Fig. 1, pt. 124, where employing this structure for confinement structure of Tanaka involves imposing this structure on the whole of the tunnel junction). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Regarding claim 10, Tanaka discloses, "Wherein the n-type material comprises a central n-type mesa" (p. [0120] and Fig. 1, pt. 106b). Tanaka does not explicitly disclose, "A first outer n-type region separated from the central n-type mesa by a first opening." "A second outer n-type region separated from the first outer n-type region by a second opening." Cujia Pena discloses, "A first outer n-type region separated from the central n-type mesa by a first opening" (p. [0027] and Fig. 1, pt. 122). "A second outer n-type region separated from the first outer n-type region by a second opening" (p. [0027] and Fig. 1, pt. 124). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Regarding claim 11, Tanaka does not explicitly disclose, "Wherein each of the first outer n-type region, the first opening, the second outer n-type region, and the second opening have a respective width that is less than half of a wavelength of the light in the n-type material." Cujia Pena discloses, "Wherein each of the first outer n-type region, the first opening, the second outer n-type region, and the second opening have a respective width that is less than half of a wavelength of the light in the n-type material" (p. [0028] and Fig. 1, pts. 121, 122, and 124). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Regarding claim 12, Tanaka does not explicitly disclose, "Wherein the second outer n-type region has an external dimension equal to the maximum outer dimension of the mesa region of the p-type material." Cujia Pena discloses, "Wherein the second outer n-type region has an external dimension equal to the maximum outer dimension of the mesa region of the p-type material" (p. [0028] and Fig. 1, pt. 124, where employing this structure for confinement structure of Tanaka involves imposing this structure on the whole of the tunnel junction). 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 Tanaka with the teachings of Cujia Pena for the reasons provided above regarding claim 6.
Claims 13 through 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka in view of Sirbu et al. (Sirbu, US Pub. 2002/0131464).
Regarding claim 13, Tanaka discloses, "A quantum well configured to emit light" (p. [0116] and Fig. 1, pt. 104). "Wherein the quantum well defines a quantum well plane" (p. [0116] and Fig. 1, pt. 104). "A p-type material proximate the quantum well" (p. [0117] and Fig. 1, pts. 104 and 105). "A first tunnel junction proximate the quantum well along a first optical axis perpendicular to the quantum well plane" (p. [0116] and Fig. 1, pts. 104 and 106). "Wherein the first tunnel junction defines a first optical aperture" (p. [0118] and Fig. 1, pt. 106). "[The tunnel junctions comprise] a distinct portion of the p-type material forming a mesa region" (p. [0120] and Fig. 1, pts. 104, 106, and 106a). "Wherein the mesa region has a maximum outer dimension" (p. [0120] and Fig. 1, pt. 106a). "Wherein the mesa region has a first area in a first plane parallel to the quantum well plane" (p. [0120] and Fig. 1, pt. 106a). "An n-type material disposed on the mesa region within the maximum outer dimension" (p. [0120] and Fig. 1, pt. 106b). "Wherein the n-type material has a second area in a second plane parallel to the first plane" (p. [0120] and Fig. 1, pt. 106b). "Wherein the second area is less than the first area" (p. [0110] and Fig. 1, pts. 106a and 106b, where the area at the top of 106a is larger than the area at the top of 106b due to the convex shape of this structure). "Wherein the first tunnel junction increases a first overlap of (i) a first current density through the first optical aperture and (ii) a first optical field of the light through the first optical aperture" (p. [0118] and Fig. 1, pts. 106 and 107). Tanaka does not explicitly disclose, "A second tunnel junction proximate the quantum well along a second optical axis perpendicular to the quantum well plane." "Wherein the second tunnel junction defines a second optical aperture." "Wherein the second tunnel junction is laterally offset from the first tunnel junction in a direction parallel to the quantum well plane." "Wherein the second tunnel junction increases a second overlap of (i) a second current density through the second optical aperture and (ii) a second optical field of the light through the second optical aperture." Sirbu discloses, "A second tunnel junction proximate the quantum well along a second optical axis perpendicular to the quantum well plane" (p. [0048], [0059], and Fig. 8, pts. 18 and 34). "Wherein the second tunnel junction defines a second optical aperture" (p. [0059] and Fig. 8, pt. 34). "Wherein the second tunnel junction is laterally offset from the first tunnel junction in a direction parallel to the quantum well plane" (p. [0059] and Fig. 8, pts. 33 and 34). "Wherein the second tunnel junction increases a second overlap of (i) a second current density through the second optical aperture and (ii) a second optical field of the light through the second optical aperture" (p. [0043] and Fig. 8, pt. 34). 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 Tanaka with the teachings of Sirbu. In view of the teachings of Tanaka regarding a VCSEL including a current and optical confinement region embodied in a tunnel junction, the alternate construction of the VCSEL as a member of a VCSEL array in which emitters provide different emission wavelengths as taught by Sirbu would enhance the teachings of Tanaka by allowing emission of light having higher total output power and/or broader bandwidth.
Regarding claim 14, Tanaka does not explicitly disclose, "Wherein respective maximum outer dimensions of the mesa regions of the first tunnel junction and the second tunnel junction are different." Sirbu discloses, "Wherein respective maximum outer dimensions of the mesa regions of the first tunnel junction and the second tunnel junction are different" (p. [0059] and Fig. 8, pts. 33 and 34, where the use of different wavelength emission regions requires varying the beam waist diameter provided by the confinement regions according to the teachings of Tanaka). 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 Tanaka with the teachings of Sirbu for the reasons provided above regarding claim 13.
Regarding claim 15, Tanaka discloses, "A quantum well configured to emit light" (p. [0116] and Fig. 1, pt. 104). "Wherein the quantum well defines a quantum well plane" (p. [0116] and Fig. 1, pt. 104). "Wherein an optical axis is perpendicular to the quantum well plane" (p. [0116] and Fig. 1, pt. 104). "A p-type material proximate the quantum well" (p. [0117] and Fig. 1, pts. 104 and 105). "Wherein the tunnel junction defines an optical aperture" (p. [0118] and Fig. 1, pt. 106). "Wherein the tunnel junction comprises a distinct portion of the p-type material forming a mesa region" (p. [0120] and Fig. 1, pts. 104, 106, and 106a). "Wherein the mesa region has a maximum outer dimension" (p. [0120] and Fig. 1, pt. 106a). "Wherein the mesa region has a first area in a first plane parallel to the quantum well plane" (p. [0120] and Fig. 1, pt. 106a). "An n-type material disposed on the mesa region within the maximum outer dimension" (p. [0120] and Fig. 1, pt. 106b). "Wherein the n-type material has a second area in a second plane parallel to the first plane" (p. [0120] and Fig. 1, pt. 106b). "Wherein the second area is less than the first area" (p. [0110] and Fig. 1, pts. 106a and 106b, where the area at the top of 106a is larger than the area at the top of 106b due to the convex shape of this structure). "Wherein each tunnel junction increases a respective positional overlap of (i) a respective location of maximum current density through the respective optical aperture and (ii) a respective optical field of the light through the respective optical aperture" (p. [0118] and Fig. 1, pts. 106 and 107). Tanaka does not explicitly disclose, "For each laser of the array: a tunnel junction proximate the quantum well along the optical axis." Sirbu discloses, "For each laser of the array: a tunnel junction proximate the quantum well along the optical axis" (p. [0059] and Fig. 8, pts. 33 and 34). 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 Tanaka with the teachings of Sirbu for the reasons provided above regarding claim 13.
Regarding claim 16, Tanaka does not explicitly disclose, "Wherein the array is formed from a single wafer comprising the quantum well, the p-type material, and the respective tunnel junction of each laser of the array." Sirbu discloses, "Wherein the array is formed from a single wafer comprising the quantum well, the p-type material, and the respective tunnel junction of each laser of the array" (p. [0047], [0059], and Figs. 2 and 8, pts. 18, 20, 33, and 34). 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 Tanaka with the teachings of Sirbu for the reasons provided above regarding claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jayaraman (US Patent 5,985,686) is cited for teaching the formation of sloped sides for a confinement structure.
Brillouet et al. (Brillouet, US Patent 6,052,398) is cited for teaching a tunnel junction that appears to have sloped sides.
Chang et al. (Chang, US Pub. 2004/0051113) is cited for teaching a tunnel junction formed as a mesa.
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/SEAN P HAGAN/Examiner, Art Unit 2828
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