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 .
Response to Amendment
Examiner acknowledges amending of claims 1, 3, 5-7, 9-10, 13, 15, cancellation of claims 4, 8, and addition of new claim 16. Claim 8 objection moot. All 112b rejections withdrawn or moot.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 15 (distance between active layer and bottom surface of second hole larger than distance between active layer and bottom surface of first hole) have been considered and are addressed within the claim 1, 15 rejections below based on a new interpretation of the existing prior art of record (Remarks pg. 9).
Claim Objections
Claim 1, 15 objected to because of the following informalities:
“…second holes is larger than… one of the plurality of the second holes” should read “…second holes is larger than… one of the plurality of the first holes” in final 2 lines of each claim (see 4/20/26 EXIN and OA.APPENDIX and instant application fig. 3 + specification 0023-0025)
. Appropriate correction is required.
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(s) 1-3, 5, 7, 10-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino (JP-2012015228-A, machine translation “Hoshino_English” cited and included herewith) in view of Yoshida_NPL (”Yoshida_NPL” cited and included herewith).
Regarding claim 1, Hoshino discloses a photonic-crystal surface emitting laser (fig. 4a laser 400, lines 316-323) comprising: a first semiconductor layer (fig. 4a first semiconductor layer 405, line 336); a photonic crystal layer having a refractive index higher than a refractive index of the first semiconductor layer and provided on the first semiconductor layer (fig. 4a photonic crystal layer 408+409 w/ refractive index 2.55 higher than 2.48 of 405, 408+409 on 405 once rotated (see rotated fig. 4a, no orientation required by claim), lines 335-341); and an active layer provided opposite to the first semiconductor layer with respect to the photonic crystal layer (fig. 4a active layer 403 opposite 405 with respect to 408+409, line 342); wherein the photonic crystal layer has a first region and a plurality of second regions each having a refractive index different from a refractive index of the first region and periodically disposed in the first region in a plane of the photonic crystal layer (fig. 4a 408+409 has first region 408 and plurality of second regions 409s, 409s have index different from 408 index (409 “empty” hole index roughly 1, 408 index = 2.55)), 409s disposed in 408 in a plane of 408+409 (horizontal plane left to right in figure)), and wherein the plurality of second regions extend from the photonic crystal layer to the first semiconductor layer (fig. 4a 409s extend from 408+409 to 405), wherein the plurality of second regions include a plurality of first holes and a plurality of second holes (fig. 4a 409s include first holes (1st and 3rd 409s left to right) and second holes (2nd and 4th 409s left to right)), wherein at least one of the plurality of first holes and the plurality of second holes extends from the photonic crystal layer to the first semiconductor layer (fig. 4a all 409s extend from 408+409 to 405), and wherein a distance between the active layer and a bottom surface of one of the plurality of the second holes is larger than a distance between the active layer and a bottom surface of one of the plurality of the first holes (rotated fig. 4a D2 > D1, see italicized portion).
“bottom surface” interpreted to be the hole surface that is located at 405/406 interface in rotated fig. 4a. D1/D2 is “a distance” between 403 and a bottom surface of one of the 1st/2nd holes
Hoshino does not disclose wherein an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes.
Yoshida_NPL discloses a double-lattice photonic crystal resonator with 1 lattice of deeper + larger area holes and 1 lattice of shallower + smaller area holes (Yoshida_NPL fig. 2 Structure I pg. 124).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the double lattice structure in Yoshida fig. 2 Structure I in the device in Hoshino and have an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes to provide higher threshold gain difference + suppress higher order modes better than the Hoshino single-lattice structure while minimizing the manufacturing complexity compared to Structure II and III (Structure I keeps the natural increased depth produced by larger area etching) (Yoshida pg. 122 par. 1-2).
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fig. 4a (1st and 2nd holes)
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Rotated fig. 4a
Regarding claim 2, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of second regions are holes extending from the photonic crystal layer to the first semiconductor layer (fig. 4a 409s are holes extending from 408+409 to 405, line 331).
Regarding claim 3, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of second regions are disposed in a square lattice in the plane of the photonic crystal layer (fig. 4a 409s in square lattice in plane of 408+409, lines 345-348), and wherein a depth of each of the plurality of second regions is greater than or equal to a lattice constant of the square lattice (fig. 4a 409 depth = 200 nm greater than lattice constant 160 nm, lines 345-348).
Regarding claim 5, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of first holes and the plurality of second holes extend from the photonic crystal layer to the first semiconductor layer (fig. 4a all 409s extend from 408+409 to 405).
Regarding claim 7, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of first holes and the plurality of second holes are disposed in a square lattice in the plane of the photonic crystal layer (fig. 4a all 409s in square lattice in left right plane of 408+409, lines 345-348), and wherein a depth of each of the plurality of first holes and a depth of each of the plurality of second holes are greater than or equal to a lattice constant of the square lattice (fig. 4a all 409s depth = 200 nm greater than lattice constant 160 nm, lines 345-348).
Regarding claim 10, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of first holes and the plurality of second holes are disposed in a square lattice in the plane of the photonic crystal layer (fig. 4a all 409s in square lattice in left right plane of 408+409, lines 345-348), and wherein a depth of each of the plurality of first holes and a depth of each of the plurality of second holes are 5 times a lattice constant of the square lattice or less (fig. 4a all 409s depth = 200 nm less than 5 times lattice constant 160 nm, lines 345-348).
Regarding claim 11, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, comprising: a second semiconductor layer provided between the photonic crystal layer and the active layer (annotated fig. 4a second semiconductor layer 404/2SL between 408+409 and 403, lines 338-341), wherein an end portion of each of the plurality of second regions on a side of toward the active layer is positioned at an interface between the photonic crystal layer and the second semiconductor layer (annotated fig. 4a EP of each 409 on a side toward 403 positioned at interface (top side of 2SL/404) between 408+409 and 2SL/404).
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Annotated fig 4a
Regarding claim 15, Hoshino discloses a method of manufacturing a photonic- crystal surface emitting laser (fig. 4a laser 400, lines 316-323), the method comprising: forming a photonic crystal layer on a first semiconductor layer (rotated fig. 4a photonic crystal layer 408+409 on first semiconductor layer 405 in orientation shown in rotated fig. 4a, lines 335-341), the photonic crystal layer having a refractive index higher than a refractive index of the first semiconductor layer (fig. 4a photonic crystal layer 408+409 w/ refractive index 2.55 higher than 2.48 of 405, lines 335-341); and forming an active layer opposite to the first semiconductor layer with respect to the photonic crystal layer (fig. 4a active layer 403 opposite 405 with respect to 408+409, line 342); wherein the photonic crystal layer has a first region and a plurality of second regions each having a refractive index different from a refractive index of the first region and periodically disposed in the first region in a plane of the photonic crystal layer (fig. 4a 408+409 has first region 408 and plurality of second regions 409s, 409s have index different from 408 index (409 “empty” hole index roughly 1, 408 index = 2.55)), 409s disposed in 408 in a plane of 408+409 (horizontal plane left to right in figure)), and wherein the plurality of second regions extend from the photonic crystal layer to the first semiconductor layer (fig. 4a 409s extend from 408+409 to 405), wherein the plurality of second regions include a plurality of first holes and a plurality of second holes (fig. 4a 409s include first holes (1st and 3rd 409s left to right) and second holes (2nd and 4th 409s left to right)), wherein at least one of the plurality of first holes and the plurality of second holes extends from the photonic crystal layer to the first semiconductor layer (fig. 4a all 409s extend from 408+409 to 405), and wherein a distance between the active layer and a bottom surface of one of the plurality of the second holes is larger than a distance between the active layer and a bottom surface of one of the plurality of the first holes (rotated fig. 4a D2 > D1, see italicized portion).
“bottom surface” interpreted to be the hole surface that is located at 405/406 interface in rotated fig. 4a. D1/D2 is “a distance” between 403 and a bottom surface of one of the 1st/2nd holes
Hoshino does not disclose wherein an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes.
Yoshida_NPL discloses a double-lattice photonic crystal resonator with 1 lattice of deeper + larger area holes and 1 lattice of shallower + smaller area holes (Yoshida_NPL fig. 2 Structure I pg. 124).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the double lattice structure in Yoshida fig. 2 Structure I in the device in Hoshino and have an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes to provide higher threshold gain difference + suppress higher order modes better than the Hoshino single-lattice structure while minimizing the manufacturing complexity compared to Structure II and III (Structure I keeps the natural increased depth produced by larger area etching) (Yoshida pg. 122 par. 1-2).
Second interpretation Hoshino for claim 12 rejection (and a second claim 1 rejection) (“photonic crystal layer” includes 404)
Regarding claim 1, Hoshino discloses a photonic-crystal surface emitting laser (fig. 4a laser 400, lines 316-323) comprising: a first semiconductor layer (fig. 4a first semiconductor layer 405, line 336); a photonic crystal layer having a refractive index higher than a refractive index of the first semiconductor layer and provided on the first semiconductor layer (fig. 4a photonic crystal layer 408+409+404 w/ refractive index 2.55 higher than 2.48 of 405, 408+409+404 on 405 once rotated (see rotated fig. 4a, no orientation required by claim), lines 335-341); and an active layer provided opposite to the first semiconductor layer with respect to the photonic crystal layer (fig. 4a active layer 403 opposite 405 with respect to 408+409+404, line 342); wherein the photonic crystal layer has a first region and a plurality of second regions each having a refractive index different from a refractive index of the first region and periodically disposed in the first region in a plane of the photonic crystal layer (fig. 4a 408+409+404 has first region 408 and plurality of second regions 409s, 409s have index different from 408 index (409 “empty” hole index roughly 1, 408 index = 2.55)), 409s disposed in 408 in a plane of 408+409+404 (horizontal plane left to right in figure)), and wherein the plurality of second regions extend from the photonic crystal layer to the first semiconductor layer (fig. 4a 409s extend from 408+409+404 to 405), wherein the plurality of second regions include a plurality of first holes and a plurality of second holes (fig. 4a 409s include first holes (1st and 3rd 409s left to right) and second holes (2nd and 4th 409s left to right)), wherein at least one of the plurality of first holes and the plurality of second holes extends from the photonic crystal layer to the first semiconductor layer (fig. 4a all 409s extend from 408+409+404 to 405), and wherein a distance between the active layer and a bottom surface of one of the plurality of the second holes is larger than a distance between the active layer and a bottom surface of one of the plurality of the first holes (rotated fig. 4a D2 > D1, see italicized portion).
“bottom surface” interpreted to be the hole surface that is located at 405/406 interface in rotated fig. 4a. D1/D2 is “a distance” between 403 and a bottom surface of one of the 1st/2nd holes
Hoshino does not disclose wherein an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes.
Yoshida_NPL discloses a double-lattice photonic crystal resonator with 1 lattice of deeper + larger area holes and 1 lattice of shallower + smaller area holes (Yoshida_NPL fig. 2 Structure I pg. 124).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the double lattice structure in Yoshida fig. 2 Structure I in the device in Hoshino and have an area of each of the second holes in the plane of the photonic crystal layer is larger than an area of each of the plurality of first holes, and wherein each of the plurality of the second holes is deeper than each of the plurality of first holes to provide higher threshold gain difference + suppress higher order modes better than the Hoshino single-lattice structure while minimizing the manufacturing complexity compared to Structure II and III (Structure I keeps the natural increased depth produced by larger area etching) (Yoshida pg. 122 par. 1-2).
Regarding claim 12, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein an end portion of each of the plurality of second regions on a side of toward the active layer is positioned closer to the first semiconductor layer than an interface between the photonic crystal layer and the active layer (annotated fig. 4a2 EP of each 409 on side toward 403 is closer to 405 than to interface INT between 408+409+404 and 403).
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Annotated fig. 4a2
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino in view of Yoshida_NPL and Otsuka (US-20080240179-A1).
Regarding claim 6, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1, wherein the plurality of first holes and the plurality of second holes are disposed in a square lattice in the plane of the photonic crystal layer (fig. 4a all 409s disposed in square lattice in plane left to right of 408+409, lines 345-348).
Modified Hoshino does not disclose wherein a ratio d/a between a distance d between one of the plurality of first holes and one of the plurality of second holes adjacent thereto and a lattice constant a of the square lattice is 0.35 to 0.45.
Otsuka discloses a photonic crystal SE laser with main and secondary hole lattices and an analogous d/a ratio of .15 to .35 or .35 to .50, where the d/a ratio is used to control/balance the feedback effect, with .35 having the widest applicability when considering main + secondary reflected light phase difference + feedback effect (fig. 3, 0040-0045, 0051-0052, claims 2-3).
It is well known to optimize values to achieve desired results (MPEP 2144.05 II A/B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the double lattice arrangement from Otsuka (main + secondary) with a ratio d/a between a distance d between one of the plurality of first holes and one of the plurality of second holes adjacent thereto and a lattice constant a of the square lattice is 0.35 to 0.45 to allow for adjustment of feedback effect + balance the benefits of both a higher feedback effect and lower feedback effect and allow for design of wider range of structures/main+secondary phase differences (Otsuka 0007, 0010-0016, 0051-0052).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino in view of Yoshida_NPL and Noda (US-20190067907-A1).
Regarding claim 9, modified Hoshino discloses the photonic-crystal surface emitting laser according claim 1.
Modified Hoshino does not clearly disclose wherein a shape of each of the plurality of first holes and a shape of each of the plurality of second holes in the plane of the photonic crystal layer are circular or elliptical.
Noda discloses a 2d photonic crystal surface emitting laser with circular holes (fig. 2 circular holes 1221+1222, 0058+0059).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a shape of each of the plurality of first holes and a shape of each of the plurality of second holes in the plane of the photonic crystal layer circular to simplify manufacturing process and allow for increased distance + more control over distance between holes (Noda 0020).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino in view of Yoshida_NPL and Noda/"Noda2" (US-20040247009-A1).
Regarding claim 13, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1.
Modified Hoshino does not disclose comprising: a p-type second semiconductor layer provided on the active layer, wherein the first semiconductor layer and the photonic crystal layer are n- type layers.
Noda2 disclose a 2d photonic crystal SE laser with an n-type first semiconductor and photonic crystal layer and a p-type second semiconductor layer (fig. 1 laser 1 with n-type first semiconductor layer 3 and photonic crystal 10 embedded in 3, and p-type second semiconductor layer 5, 0077-0079).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the second semiconductor layer provided on the active layer be p-type, wherein the first semiconductor layer and the photonic crystal layer are n- type layers, with the appropriate modifications to other layer conductivity types (e.g. electrode type), to increase optical and thermal efficiency compared to device with first semiconductor and photonic crystal layer being p-type.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino in view of Yoshida_NPL and Lu (US-20190252855-A1).
Regarding claim 14, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1.
Modified Hoshino does not disclose wherein the first semiconductor layer contains indium phosphide, and wherein the first region of the photonic crystal layer contains indium gallium arsenide phosphide.
Lu discloses a 2d photonic crystal laser with a number of candidate materials, including InP and InGaAsP, for the semiconductor layers + photonic crystal layer (0034).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first semiconductor layer contains indium phosphide, and wherein the first region of the photonic crystal layer contains indium gallium arsenide phosphide to take advantage of the higher efficiency and reduced chance of crystal defects with InP/InGaAsP layers.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoshino in view of Yoshida_NPL and Hori (US-20080285608).
Regarding claim 16, modified Hoshino discloses the photonic-crystal surface emitting laser according to claim 1.
Modified Hoshino does not explicitly disclose wherein an electrode is provided opposite to the photonic crystal layer with respect to the active layer.
Hori discloses a photonic crystal surface emitting laser device with a second electrode provided opposite a photonic crystal layer with respect to an active layer (fig. 1 second electrode 107 opposite photonic crystal layer 109 with respect to active layer 103, 0030-0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an electrode is provided opposite to the photonic crystal layer with respect to the active layer to allow for carrier injection into the active layer (Hori 0090-0091).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.E./Examiner, Art Unit 2828
/MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828
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