DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites the limitation "”the volatile molecules” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 3 is assumed to depend from claim 2 which would provide antecedent basis.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 7-10, 12-13, 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0164643 (Tohyama).
For claim 1, Tohyama teaches an optoelectronic component (fig. 10a) with
- a semiconductor chip (fig. 10a, 15 (detailed in fig. 1A-1C), [0020]), comprising,
- a coupling-out facet which emits electromagnetic primary radiation during operation (fig. 10a, left side of 15 covered by output layer 54, [0021]),
- a functional layer, wherein the coupling-out facet is covered by the functional layer at least in places (fig. 10a, 60 and 59, [0080] and [0081]) , and
- the functional layer is a catalytic layer ([0080] and [0081]), and
- the functional layer comprises a material selected from the following group: platinum, vanadium, molybdenum, titanium, tungsten, tantalum, palladium, FeN4 complexes ([0080], 59 is Pt, and [0081], 60 comprises titanium).
For claim 2, Tohyama does not state the functional layer is configured to shift a reaction equilibrium from volatile molecules to solid compounds to the side of the volatile molecules. However, this is inherent in the Pt and TiO2 layer of Tohyama.
For claim 3, Tohyama does not state the volatile molecules are gaseous; however, the volatile molecules are not part of the invention per se and do not structurally distinguish the claimed invention from the prior art.
For claim 5, Tohyama teaches the functional layer comprises a metal compound or consists of a metal compound (fig. 10a, 60 is a metal compound TiO2i).
For claim 7, Tohyama teaches the coupling-out facet is completely covered by the functional layer (fig. 1a, 59 covers the output facet).
For claim 8, Tohyama teaches the semiconductor chip (fig. 1A and 1B) comprises an active region (fig. 1A/1B, 18, [0020]) and a waveguide (fig. 1A/1B, 16, [0020]) and at least the active region and/or the waveguide at the coupling-out facet is completely covered by the functional layer (fig. 1A, 59 completely covers the active region and/or waveguide at the output facet).
For claim 9, Tohyama teaches the functional layer (fig. 10A, layer 54 may be collectively considered the functional layer, [0078], which includes 60 and 59, [0080] and [0081]) is in direct contact with the coupling-out facet (fig. 10A, left side of 15).
For claim 10, Tohyama teaches the functional layer comprises a thickness of at most 5000 nanometers (the functional layer 54 comprises layer 59 and its associated thickness which is 1-20 nm; [0028]).
For claim 12, Tohyama teaches the optoelectronic component is an edge-emitting semiconductor laser component (fig. 1A).
For claim 13, Tohyama teaches the optoelectronic component is a surface emitter (fig. 10A, left surface). Note that the specification at page 2, lines 18-22 of the instant application refer to side surfaces emitting radiation. The broadest reasonable interpretation of claim 13, therefore, includes edge emitters such as Tohyama’s. A limitation requiring a vertical cavity surface emitter would differentiate the claimed invention from Tohyama. However, it is not clear that such a limitation would place the claim in condition for allowance as VCSELs were well known before the filing date of the instant application.
For claim 15, Tohyama teaches the semiconductor chip emits electromagnetic radiation of a wavelength range of less than 500 nanometers during operation ([0005]).
For claim 16, Tohyama teaches the optoelectronic component is free of a hermetic housing ([0039]).
For claim 17, Tohyama teaches a method for producing an optoelectronic component according to claim 1 (see rejection of claim 1 above), the method comprising:
- providing the semiconductor chip ((fig. 10a, 15 (detailed in fig. 1A-1C), [0020]))
- applying the functional layer at least in places to the coupling-out facet (fig. 10a, left side of 15 covered by output layer 54, [0021]).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0164643 (Tohyama) in view of US 2020/0370730 (Hansen).
For claim 14, Tohyama teaches the functional layer provides catalytic action resulting in little variation in power and operating current ([0037] and [0041]).
Tohyama does not teach the optoelectronic component is a superluminescent diode. However, Hansen teaches superluminescent diodes ([0057]) in order to provide a blue pump ([0057]). 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 superluminescent diode of Hansen with the invention of Tohyama (particularly, the functional layer fig. 10A, 60 and 59) in order to provide a pump laser that has little variation in power and operating current.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0164643 (Tohyama).
For claim 18, Tohyama does not teach the functional layer is vapor deposited or sputtered onto the coupling out facet or is deposited via a chemical vapor deposition, a plasma-enhanced chemical vapor deposition, or a SAM method. However, the examiner takes official notice that these were was well-known deposition methods in the art before the filing date of the claimed invention. 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 well-known methods with the method of Tohyama in order to form the functional layer on the coupling out facet.
Allowable Subject Matter
Claims 4 and 11 is 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.
The following is a statement of reasons for the indication of allowable subject matter: Tohyama does not teach the functional layer is a monolayer or is/comprises a polyoxometalate in combination with the other elements of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2013/0038938 and US 2006/0159146 teach similar devices with photocatalytic layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Carter whose telephone number is (571)270-1872. The examiner can normally be reached M-F, 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached at 571-272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael Carter/ Primary Examiner, Art Unit 2828