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 .
Allowable Subject Matter
Claims 11-13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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.
Claim(s) 1-5, 7-10, 14-15, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bae et al. (US 20130193464 A1) hereafter referred to as Bae in view of Schillgalies et al. (CN 102414944 B) hereafter referred to as Schillgalies
In regard to claim 1 Bae teaches a [see Fig. 11 see paragraph 0178 “light emitting device 102”] semiconductor optical device comprising:
a substrate including a first side [left side] and a second side [right side] that are opposite to each other, the first side being flat, the second side including an upper side [see including 119, 117 and portion of 115] and a lower side [see including 111, 113 and portion of 115], the lower side protruding [see right top in Fig. 11 ] from the upper side to form a step;
an optical function layer [“active layer 117” “light emitted from the active layer 117”] on a top of the substrate, the optical function layer including a first end face [left side] and a second end face [right side] that are opposite to each other,
the first end face being flush [left side] with the first side, the second end face being flush [right side] with the upper side of the second side, wherein the semiconductor optical device is configured to emit light via the first side [see that the claim does not state laser, see Bae does not state laser, see also “phosphor layer 161” on left, right and top in Fig. 11, see dependent claim 17, the Examiner notes that this was discussed during the interview on July 30th 2025, the Examiner noted that in the Bae structure, see paragraph 0178 “Referring to FIG. 11, the light emitting device 102 includes a substrate 111, a first semiconductor layer 113, a first conductive semiconductor layer 115, an active layer 117, a second conductive semiconductor layer 119” the “light emitted from the active layer 117” is emitted isotropically meaning in all directions and thus some of the light from the active layer 117 will travel in 117 and will come out of the first side ] via the optical function layer;
a first film [“phosphor layer 161”] continuously covering the first end face and the first side;
a second film [“insulating layer 133”] different in reflectance [see 161 is phosphor whereas 133 is insulation] from the first film, the second film continuously [see Fig. 11] covering the second end face and the upper side of the second side;
a first electrode [“reflective electrode layer 131”, see “second electrode 137 may physically make contact with the reflective electrode layer 131”] electrically connected to a top of the optical function layer , wherein the first electrode is parallel [see Fig. 11 see that 131 is parallel to 117] to the optical function layer; and
a second electrode [“first electrode 135” “first connection electrode 141 is bonded onto the first electrode 135”] electrically connected to a bottom of the optical function layer.
but does not teach: “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
However this is the principle of laser, see Bae paragraph 0003 “The embodiment relates to a light emitting device, a light emitting device package, and a light emitting module” “Groups III-V nitride semiconductors have been extensively used as main materials for light emitting devices, such as a light emitting diode (LED) or a laser diode (LD)” “The LED or the LD using the nitride semiconductor material is mainly used for the light emitting device to provide the light. For instance, the LED or the LD is used as a light source for various products, such as a keypad light emitting part of a cellular phone, an electric signboard, and a lighting device”.
See Schillgalies teaches laser, see Figs. 1-5, see Fig. 1A “the semiconductor layer on the active layer 2b to establish the area of p-doped, and a layer below the active layer 3, 2a n-doped region” “preferably spherical lens can be integrated in shell of the to edge-emitting semiconductor laser. with one embodiment of a so-called TO housing (transistor outline) for emitting semiconductor laser shown in FIG. 3” “reflective coating 9a, 9b” “improved coating of the reflection 9a, 9b may, for example, be formed by a plurality of alternating dielectric layers. In particular, improved coating of the reflection 9a, 9b can respectively have a plurality of layer of silicon dioxide, the layer formed by oxide layer having different refractive indices, for example, has a low refractive index and a relatively high refractive index of tantalum pentoxide. can be alternatively also possible is composed of alternating semiconductor layers having different refractive index construction of coating 9a, 9b improve reflection” “Picture 4 shows the following embodiment for edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P of the curve in these embodiments as a radiation coupling output surface of the first facet reflectivity R1 is 50% (curve 41), 75% (curve 42), 85% (curve 43), 90% (curve 44) and 95% (curve 45). In all cases, semiconductor laser reflectivity of the second facet R2 are both 95%” “shown in FIG. 5 for five additional embodiment of edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P”, see example applications “an edge-emitting semiconductor laser therefore especially to use low cost manner to realize the stable working of the with the small output power applications (such as under the condition of laser pointer) is meaningful for it” see color control “an edge-emitting semiconductor laser may be emitted in the 430nm to 700nm nm wavelength range”, see similar nitride semiconductor to Bae “semiconductor laser may, for example, nitride-based compound semiconductor”.
Thus, it 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 to modify Bae to include laser by making 161 and 133 as reflective such as alternating high/low refractive index dielectric i.e. to modify Bae to include “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is that laser is useful to produce powerful controlled wavelength laser beam of light controllable by injection current for light emitting applications for example laser pointer.
In regard to claim 2 Bae and Schillgalies as combined teaches [see combination, see Fig. 11 see 161 is on the left of 119] wherein the first film avoids overlap with an underlying surface on which the first electrode is disposed.
In regard to claim 3 Bae and Schillgalies as combined teaches [see combination, see Fig. 11 see 133 touches top of 119] wherein the second film extends to the underlying surface.
In regard to claim 4 Bae and Schillgalies as combined teaches [see combination, see Fig. 11 see 161 is on the right side on 111, 113 and 115 and can be called as “protection film”] further comprising a protection film attached to the lower side of the second side.
In regard to claim 5 Bae and Schillgalies as combined teaches [see combination, see Fig. 11 see 161 is on the right side on 111, 113 and 115 and can be called as “protection film”] wherein the first film continuously extends to the lower side of the second side, and the protection film is part of the first film.
In regard to claim 7 Bae and Schillgalies as combined teaches further comprising a semiconductor layer [see “second conductive semiconductor layer 119” in Fig. 11] on the top of the optical function layer, the semiconductor layer including a first tip surface [see 119 on the left in Fig. 11] flush with the first end face, the semiconductor layer including a second tip surface [see 119 on the right in Fig. 11] flush with the second end face, the first film continuously extending [see Fig. 11] to the first tip surface, and the second film continuously extending [see Fig. 11] to the second tip surface.
In regard to claim 8 Bae and Schillgalies as combined teaches wherein the first electrode [see Fig. 11 that 131 is above] and the second electrode are above [see Fig. 11 that 135 and 141 can be second electrode and 141 extends “above” 117 under broadest reasonable interpretation, since the claim does not state that the two overlap each other vertically] the optical function layer.
In regard to claim 9 Bae and Schillgalies as combined teaches wherein the substrate has a recess [see Fig. 11 on the right that 119, 117, 115 are recessed to allow 141 and 135 to connect to 115] in the top, the optical function layer avoids being inside the recess, and the second electrode extends to be inside the recess.
In regard to claim 10 Bae and Schillgalies as combined teaches wherein the first electrode is above [see Fig. 11 that 131 is above] the optical function layer, and the second electrode is below [see Fig. 11 that 135 is “below” 117 under broadest reasonable interpretation, since the claim does not state that the two overlap each other vertically] the optical function layer.
In the interest of compact propsecution, the Examiner notes that Schillgalies teaches contacts at top and bottom, thus if the claim is clarified to indicate the second electrode is on a bottom surface opposite to the top surface, then combination can be made with Schillgalies,
i.e. it 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 to modify Bae to include electrodes on top and bottom surface opposite to the top surface.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to create a vertical device in order to make contact from opposite sides rather than a flip-chip configuration.
In regard to claim 14 Bae and Schillgalies as combined teaches wherein the first film is lower [see combination Schillgalies see examples of Schillgalies, see reflectance is chosen to allow light to be output] in the reflectance than the second film.
In regard to claim 15 Bae and Schillgalies as combined teaches wherein the second film comprises [see “insulating layer 133”, see combination alternating high/low refractive index dielectric] an insulator.
In regard to claim 17 Bae and Schillgalies as combined teaches wherein the light emitted [see combination Schillgalies is laser] via the first side via the optical function layer is a laser.
In regard to claim 19 Bae and Schillgalies as combined teaches wherein the optical function layer oscillates [see combination Schillgalies is laser, see Schillgalies teaches dependence on injected current, see Figs. 1-5] light in response to an injected current.
Claim(s) 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bae and Schillgalies as combined and further in view of Bono et al. (US 20200343413 A1) hereafter referred to as Bono
In regard to claim 18 Bae and Schillgalies as combined does not specifically teach wherein the upper side has a height equal to or less than one tenth of an overall thickness of the semiconductor optical device.
However this was discussed during the interview on July 30th 2025, the Examiner noted that Bae provides a few dimensions, see that the lower side including 111, 113 and portion of 115, upper side including 119, 117 and portion of 115, see Bae teaches an example dimension of “range of 30 .mu.m to 300 .mu.m” and see Fig. 11 to estimate overall thickness and one tenth of that.
See Bono teaches see Bono Fig. 1 see paragraph 0057 “optoelectronic device 100 is a light-emitting diode, or LED” “Active area 104 is placed between a first p-doped semiconductor layer 106 and a second n-doped semiconductor layer 108, with the two semiconductor layers 106 and 108 forming the p-n junction of LED 100 (or, more precisely, the p-i-n junction in light of active area 104 including intrinsic semiconductor material placed between doped layers 106 and 108)”, see sample dimensions “Each of the two semiconductor layers 108 and 106 has, for example, a thickness of between about 20 nm and 10 μm” “The thickness of the or each emission layer is, for example, equal to about 1 nm and more generally is between about 0.5 nm and 10 nm, and the thickness of each barrier layer is, for example, equal to about 5 nm or is between about 1 nm and 25 nm” “substrate 102 includes sapphire and the thickness thereof (the dimension parallel to the Z-axis shown in FIG. 1) is for example equal to about 500 μm”.
The Examiner also notes that in Bae Fig. 11 see that the lower side portion of 115 conducts current from the contact 141 to the junction.
It 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 to use “wherein the upper side has a height equal to or less than one tenth of an overall thickness of the semiconductor optical device. ”, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
In regard to claim 20 Bae and Schillgalies as combined does not specifically teach wherein the optical function layer is configured to be an absorption layer that absorbs light incoming from the first side when the semiconductor optical device is configured to be a modulator or a photo detector.
However it is common in the art to use junction diodes as either emitters or detectors, see Bono Fig. 1 see paragraph 0057 “optoelectronic device 100 is a light-emitting diode, or LED” “Active area 104 is placed between a first p-doped semiconductor layer 106 and a second n-doped semiconductor layer 108, with the two semiconductor layers 106 and 108 forming the p-n junction of LED 100 (or, more precisely, the p-i-n junction in light of active area 104 including intrinsic semiconductor material placed between doped layers 106 and 108)” “As a variation of the various embodiment examples described earlier, item 100, instead of being an LED, may be a photodiode including a p-n or p-i-n junction”.
Thus, it 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 to modify Bae to include wherein the optical function layer is configured to be an absorption layer that absorbs light incoming from the first side when the semiconductor optical device is configured to be a modulator or a photo detector.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is to save cost by reuse of device of Bae for plurality of purposes, because junction diodes can be used for a plurality of purposes including both emission and absorption for purpose such as detection of light.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bae et al. (US 20130193464 A1) hereafter referred to as Bae in view of Schillgalies et al. (CN 102414944 B) hereafter referred to as Schillgalies
In regard to claim 21 Bae teaches a [see Fig. 11 see paragraph 0178 “light emitting device 102”] device, comprising:
a substrate including a first side [left side] and a second side [right side] that are opposite to each other, the second side including an upper side [see including 119, 117 and portion of 115] and a lower side [see including 111, 113 and portion of 115], the lower side protruding [see right top in Fig. 11 ] from the upper side to form a step;
an optical function layer [“active layer 117” “light emitted from the active layer 117”] on a top of the substrate, the optical function layer spanning from the first side to [see Fig. 11 ] the second side, wherein the device is configured to emit light via the first side [see that the claim does not state laser, see Bae does not state laser, see also “phosphor layer 161” on left, right and top in Fig. 11, the Examiner notes that this was discussed during the interview on July 30th 2025, the Examiner noted that in the Bae structure, see paragraph 0178 “Referring to FIG. 11, the light emitting device 102 includes a substrate 111, a first semiconductor layer 113, a first conductive semiconductor layer 115, an active layer 117, a second conductive semiconductor layer 119” the “light emitted from the active layer 117” is emitted isotropically meaning in all directions and thus some of the light from the active layer 117 will travel in 117 and will come out of the first side ] via the optical function layer;
a first film [“phosphor layer 161”] continuously covering a first end face [left side, see Fig. 11] and the first side;
a second film [“insulating layer 133”] different in reflectance [see 161 is phosphor whereas 133 is insulation] from the first film, the second film continuously covering a second end face [right side, see Fig. 11] and the upper side of the second side; and
a first electrode [“reflective electrode layer 131”, see “second electrode 137 may physically make contact with the reflective electrode layer 131”] electrically connected to a top of the optical function layer, wherein the first electrode is parallel [see Fig. 11 see that 131 is parallel to 117] to optical function layer,
but does not teach: “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
However this is the principle of laser, see Bae paragraph 0003 “The embodiment relates to a light emitting device, a light emitting device package, and a light emitting module” “Groups III-V nitride semiconductors have been extensively used as main materials for light emitting devices, such as a light emitting diode (LED) or a laser diode (LD)” “The LED or the LD using the nitride semiconductor material is mainly used for the light emitting device to provide the light. For instance, the LED or the LD is used as a light source for various products, such as a keypad light emitting part of a cellular phone, an electric signboard, and a lighting device”.
See Schillgalies teaches laser, see Figs. 1-5, see Fig. 1A “the semiconductor layer on the active layer 2b to establish the area of p-doped, and a layer below the active layer 3, 2a n-doped region” “preferably spherical lens can be integrated in shell of the to edge-emitting semiconductor laser. with one embodiment of a so-called TO housing (transistor outline) for emitting semiconductor laser shown in FIG. 3” “reflective coating 9a, 9b” “improved coating of the reflection 9a, 9b may, for example, be formed by a plurality of alternating dielectric layers. In particular, improved coating of the reflection 9a, 9b can respectively have a plurality of layer of silicon dioxide, the layer formed by oxide layer having different refractive indices, for example, has a low refractive index and a relatively high refractive index of tantalum pentoxide. can be alternatively also possible is composed of alternating semiconductor layers having different refractive index construction of coating 9a, 9b improve reflection” “Picture 4 shows the following embodiment for edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P of the curve in these embodiments as a radiation coupling output surface of the first facet reflectivity R1 is 50% (curve 41), 75% (curve 42), 85% (curve 43), 90% (curve 44) and 95% (curve 45). In all cases, semiconductor laser reflectivity of the second facet R2 are both 95%” “shown in FIG. 5 for five additional embodiment of edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P”, see example applications “an edge-emitting semiconductor laser therefore especially to use low cost manner to realize the stable working of the with the small output power applications (such as under the condition of laser pointer) is meaningful for it” see color control “an edge-emitting semiconductor laser may be emitted in the 430nm to 700nm nm wavelength range”, see similar nitride semiconductor to Bae “semiconductor laser may, for example, nitride-based compound semiconductor”.
Thus, it 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 to modify Bae to include laser by making 161 and 133 as reflective such as alternating high/low refractive index dielectric i.e. to modify Bae to include “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is that laser is useful to produce powerful controlled wavelength laser beam of light controllable by injection current for light emitting applications for example laser pointer.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bae et al. (US 20130193464 A1) hereafter referred to as Bae in view of Schillgalies et al. (CN 102414944 B) hereafter referred to as Schillgalies
In regard to claim 22 Bae teaches a [see Fig. 11 see paragraph 0178 “light emitting device 102”] method, comprising:
injecting current [see in Fig. 11 “a first electrode 135, a second electrode 137” see power “first and second connection electrodes 141 and 143 may serve as a lead for supplying power and a heat dissipation path”] to an optical device; and
emitting light via an optical function layer [see that the claim does not state laser, see Bae does not state laser, see also “phosphor layer 161” on left, right and top in Fig. 11, the Examiner notes that this was discussed during the interview on July 30th 2025, the Examiner noted that in the Bae structure, see paragraph 0178 “Referring to FIG. 11, the light emitting device 102 includes a substrate 111, a first semiconductor layer 113, a first conductive semiconductor layer 115, an active layer 117, a second conductive semiconductor layer 119” the “light emitted from the active layer 117” is emitted isotropically meaning in all directions and thus some of the light from the active layer 117 will travel in 117 and will come out of the first side ] of the optical device, wherein the optical device comprises:
a substrate including a first side [left side] and a second side [right side] that are opposite to each other,the second side including an upper side [see including 119, 117 and portion of 115] and a lower side [see including 111, 113 and portion of 115], the lower side protruding from [see right top in Fig. 11 ] the upper side to form a step;
the optical function layer [“active layer 117” “light emitted from the active layer 117”] configured to be on a top of the substrate, the optical function layer spanning from [see Fig. 11 ] the first side to the second side,
wherein the device is configured to emit the light via the first side [see that the claim does not state laser, see Bae does not state laser, see also “phosphor layer 161” on left, right and top in Fig. 11, the Examiner notes that this was discussed during the interview on July 30th 2025, the Examiner noted that in the Bae structure, see paragraph 0178 “Referring to FIG. 11, the light emitting device 102 includes a substrate 111, a first semiconductor layer 113, a first conductive semiconductor layer 115, an active layer 117, a second conductive semiconductor layer 119” the “light emitted from the active layer 117” is emitted isotropically meaning in all directions and thus some of the light from the active layer 117 will travel in 117 and will come out of the first side ] via the optical function layer;
a first film [“phosphor layer 161”] continuously covering a first end face [left side, see Fig. 11] and the first side;
a second film [“insulating layer 133”] different in reflectance [see 161 is phosphor whereas 133 is insulation] from the first film, the second film continuously covering a second end face [right side, see Fig. 11] and the upper side of the second side; and
a first electrode [“reflective electrode layer 131”, see “second electrode 137 may physically make contact with the reflective electrode layer 131”] electrically connected to a top of the optical function layer, wherein the first electrode is parallel [see Fig. 11 see that 131 is parallel to 117] to optical function layer,
but does not teach: “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
However this is the principle of laser, see Bae paragraph 0003 “The embodiment relates to a light emitting device, a light emitting device package, and a light emitting module” “Groups III-V nitride semiconductors have been extensively used as main materials for light emitting devices, such as a light emitting diode (LED) or a laser diode (LD)” “The LED or the LD using the nitride semiconductor material is mainly used for the light emitting device to provide the light. For instance, the LED or the LD is used as a light source for various products, such as a keypad light emitting part of a cellular phone, an electric signboard, and a lighting device”.
See Schillgalies teaches laser, see Figs. 1-5, see Fig. 1A “the semiconductor layer on the active layer 2b to establish the area of p-doped, and a layer below the active layer 3, 2a n-doped region” “preferably spherical lens can be integrated in shell of the to edge-emitting semiconductor laser. with one embodiment of a so-called TO housing (transistor outline) for emitting semiconductor laser shown in FIG. 3” “reflective coating 9a, 9b” “improved coating of the reflection 9a, 9b may, for example, be formed by a plurality of alternating dielectric layers. In particular, improved coating of the reflection 9a, 9b can respectively have a plurality of layer of silicon dioxide, the layer formed by oxide layer having different refractive indices, for example, has a low refractive index and a relatively high refractive index of tantalum pentoxide. can be alternatively also possible is composed of alternating semiconductor layers having different refractive index construction of coating 9a, 9b improve reflection” “Picture 4 shows the following embodiment for edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P of the curve in these embodiments as a radiation coupling output surface of the first facet reflectivity R1 is 50% (curve 41), 75% (curve 42), 85% (curve 43), 90% (curve 44) and 95% (curve 45). In all cases, semiconductor laser reflectivity of the second facet R2 are both 95%” “shown in FIG. 5 for five additional embodiment of edge-emitting semiconductor laser, and the operating current intensity I associated optical output power P”, see example applications “an edge-emitting semiconductor laser therefore especially to use low cost manner to realize the stable working of the with the small output power applications (such as under the condition of laser pointer) is meaningful for it” see color control “an edge-emitting semiconductor laser may be emitted in the 430nm to 700nm nm wavelength range”, see similar nitride semiconductor to Bae “semiconductor laser may, for example, nitride-based compound semiconductor”.
Thus, it 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 to modify Bae to include laser by making 161 and 133 as reflective such as alternating high/low refractive index dielectric i.e. to modify Bae to include “along a direction of a length of the optical function layer towards the first side and not in a direction perpendicular to the length of the optical function layer, andwherein the emitted light is generated based on the optical function layer oscillating the light in response to an injected current”.
Thus it would be obvious to combine the references to arrive at the claimed invention.
The motivation is that laser is useful to produce powerful controlled wavelength laser beam of light controllable by injection current for light emitting applications for example laser pointer.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
On page Applicant argues “The Office Action relies on BAE, Fig. 11, as disclosing the allegedly disclosing "the semiconductor optical device is configured to emit light via the first side via the optical function layer," further explaining that because the light emitted from the active layer 117 is emitted in all directions and "thus some of the light from the active layer 117 will travel in 117 and will come out of the first side" (see Final Office Action, p.3). However, BAE fails to disclose that the light that is generated in the optical function layer is configured to be emitted along the length of the optical function layer towards the first side and not in a direct perpendicular to the length of the optical function layer (see annotated Fig.3 of the Current Application below). To the contrary, BAE is directed towards a system where the light is emitted in a direction perpendicular to the active layer 117 (see annotated Fig. 11 of BAE below). There is no disclosure in BAE that discusses that as a result of the light being emitted in all directions, some light may be emitted via the active layer via the first side. Even if arguendo, the Examiner's characterization of BAE is true that some light may be emitted along the direction of a length the active layer towards and out of the first side, which the Applicant does not concede, nothing in BAE discusses how the emitted light is generated by the active layer and configured to be emitted along the of the length of the active layer to be emitted out of the first side and not in a direction perpendicular to the length of the active layer, because the light is emitted in all directions in BAE, as characterized by the Examiner.”.
The Examiner responds that the new limitations are addressed in the rejection above by the secondary reference Schillgalies and the amended rejections shows the limitations to be obvious in view of the prior art combination.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITARAMARAO S YECHURI whose telephone number is (571)272-8764. The examiner can normally be reached M-F 8:00-4:30 PM.
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/SITARAMARAO S YECHURI/ Primary Examiner, Art Unit 2893