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 .
Claim Status
The examiner acknowledges amendments made to claims 1, 6, 8, and 9. Claim 10 has been added.
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.
Claims 1-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US 20180234584 A1, hereinafter “Kondo”), in view of Burton et al (WO 8603342 A1, hereinafter “Burton”), and further in view of Kondo (US 20180006645 A1, hereinafter “Kondo2”).
Regarding Claim 1 – Kondo discloses a light-emitting component comprising: a substrate (80 [0265] and Figs. 6a and 6b); a plurality of light-emitting elements (LED1-LED128 [0051]) provided on the substrate, each having a light-emitting area (determined by central portion, α, of the current constriction layer, 81b, [0123] and Fig. 18); and a plurality of thyristors (S1-S128 [0071]) which are provided on each of the light-emitting elements (Figs. 6a and 6b), which include gate layers (86 and 87 [0122]), and which cause light to be emitted, or increase an amount of light emitted, from the light-emitting areas of the light-emitting elements by being in an ON state ([0003]), wherein: the substrate (GaAs, Kondo [0265]) has a lower band gap energy (1.43 eV for GaAs, Kondo [0325] and Fig. 15) than a band gap energy corresponding to light emitted from the plurality of thyristors (Emitting thyristor gate layers are AlXGa1-XAs, Kondo [0273-0274], bandgap for AlXGa1-XAs is above 1.43 eV, maximum above 2.0 eV for pure AlAs, Kondo Fig. 15).
Kondo fails to expressly disclose the substrate absorbs the light emitted from the thyristors.
However, Kondo discloses the substrate is GaAs (Kondo [0265]), the emitting thyristor gate layers are AlXGa1-XAs (Kondo [0273-0274]).
In a related field of endeavor Burton discloses (Burton Fig. 1) a GaAs substrate absorbs light generated by AlXGa1-XAs active layers (Burton page 5, lines 14-16).
Since the materials of the substrate of Kondo and Burton are substantially identical in composition, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Kondo and Burton to enable the substrate of Burton in Kondo, because the selection of a known material based on its suitability for its intended use is supported by a prima facie case of obviousness (MPEP 2144.07). Furthermore, given that the substrate of the combination of Kondo and Burton is identical or substantially identical to the claimed substrate, the light absorption characteristic of a GaAs substrate is therefore a prima facie case of obviousness, as the absorption property is inherent to the material. See MPEP 2112.01(I).
The combination of Kondo and Burton fails to explicitly disclose the substrate re-emits the light in a form not absorbed by the gate layers of the thyristors.
However, Kondo discloses light not absorbed is re-emitted (transmitted from diodes for example, Kondo [0111] and [0171]), where not blocked by the back-surface electrode (91, Kondo [0111] and [0171]).
Furthermore, Kondo2 discloses such light transmitted by the substrate is not absorbed by layers with a high band gap (e.g. Al0.9Ga0.1As for layers 16 and 18 in VCSEL, Kondo2 [0079], [0128], and [0132]).
Kondo2 discloses an analogous structure to Kondo utilizing compound semiconductor layers with different bandgaps for different functions. Kondo2 teaches when a semiconductor layer has a higher bandgap than the energy of incoming light, the semiconductor material is transparent to that light (Kondo2 [0079]) for the benefit of the light being absorbed by its intended target with lower bandgap (i.e. a photothyristor, Kondo2 [0078]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to set the bandgap of thyristor gate layers intended to be transparent to incoming light higher than the energy of the incoming light for the benefit of not unintentionally turning on a thyristor.
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Regarding Claim 2 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 1.
The combination of Kondo, Burton, and Kondo2 further discloses the light-emitting elements transmit light emitted from the thyristors (Kondo [0172-0173]).
Regarding Claim 3 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 2.
The combination of Kondo, Burton, and Kondo2further discloses the light-emitting elements have a semiconductor layer containing Al (Kondo [0349]); and the gate layers of the thyristors contain Al and are formed from a semiconductor with a low Al content ratio compared to the semiconductor layer of the light-emitting elements (Kondo [0273-0274]).
Regarding Claim 4 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 3.
The combination of Kondo, Burton, and Kondo2 further discloses the semiconductor layer (83, Kondo [0347]) of the light-emitting elements is a multilayer reflective layer (DBR, Kondo [0348]) in which a first semiconductor layer formed from AlGaAs and a second semiconductor layer formed from AlGaAs with a high Al content ratio compared to the first semiconductor layer are layered alternately (Kondo [0349]); and the gate layers of the thyristors are formed from AlGaAs with a low Al content ratio compared to the first semiconductor layer of the multilayer reflective layer (Al portion in AlXGa1-XAs may range from 0 to 1, Kondo [0273-0274], which extends below 0.9 of the DBR layer, Kondo [0349]).
Regarding Claim 5 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 2.
The combination of Kondo, Burton, and Kondo2further discloses the light-emitting elements have a lower semiconductor layer (83, Kondo [0347]) layered on the substrate, a light-emitting layer (82, Kondo [0348]) layered on the lower semiconductor layer, and an upper semiconductor layer (81, Kondo [0344]) layered on the light-emitting layer (Kondo Fig. 18), the upper semiconductor layer having a high transmittance of light emitted from the thyristors compared to the lower semiconductor layer (83 is a DBR layer with stated purpose to be highly reflective (Kondo [0347]), and LED1 designed for light to transmit through 81 as shown in Fig. 18).
Regarding Claim 6 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 1.
The combination of Kondo, Burton, and Kondo2 fails to expressly disclose the light re-emitted by the substrate travels toward the light-emitting elements, and has a longer wavelength than the light emitted from the thyristors.
However, Kondo discloses a back-side surface electrode prevents light passing through the substrate from exiting the side opposite the thyristors (Kondo [0171]). Since the electrode is metal (e.g. AuZn, Kondo [0156]), at least some of that light is inherently reflected back toward light emitting elements. See MPEP 2112(II).
Kondo further discloses the substrate is GaAs (Kondo [0265]) and the thyristors are AlXGa1-XAs (Kondo [0272-0275]).
It is well-known in the art that the wavelength of light emitted from AlXGa1-XAs is affected by the amount of aluminum. The emitted wavelength decreases with increasing proportion of aluminum in AlXGa1-XAs (Example reference: https://batop.de/information/Eg_AlGaAs.html, shown as Batop Table 1). Since adding aluminum to GaAs inherently decreases emitted wavelength, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to select materials for substrate and thyristor with different amounts of aluminum in order to ensure different emitted wavelengths, because the selection of a known material based on its suitability for its intended use is supported by a prima facie case of obviousness (MPEP 2144.07). Furthermore, given that the substrate of the combination of Kondo and Burton is identical or substantially identical to the claimed substrate, the wavelength emission characteristic of a GaAs substrate is therefore a prima facie case of obviousness, as the emission wavelength is inherent to the material. See MPEP 2112.01(I).
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Regarding Claim 7 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 6.
The combination of Kondo, Burton, and Kondo2further discloses the gate layers of the thyristors are formed from a semiconductor containing Al (Kondo [0272-0275]); and the substrate is formed from GaAs (Kondo [0265]).
Regarding Claim 8 – Kondo discloses a multilayer semiconductor substrate comprising: a substrate (80 [0265] and Figs. 6a and 6b); a first semiconductor stack (81-84 [0264] and Figs. 6a and 6b) which is provided on the substrate and which is worked into a light-emitting element (LED1 Fig. 18); and a second semiconductor stack (85-88 [0264] and Figs. 6a and 6b) which is provided on the first semiconductor stack, which includes gate layers (86 and 87 [0264]), and which is worked into a plurality of thyristors (S1-S128 [0071] and Figs. 6A and 6B), wherein: the substrate is formed from a semiconductor with a low band gap energy (GaAs [265]) compared to the gate layers of the second semiconductor stack (AlXGa1-XAs [0273-0274])(As shown in Fig. 15, adding Al to GaAs increases band gap (BG), as BGGaAs < BGAlAs).
Kondo fails to expressly disclose the substrate absorbs the light emitted from the thyristors.
However, Kondo discloses the substrate is GaAs (Kondo [0265]), the emitting thyristor gate layers are AlXGa1-XAs (Kondo [0273-0274]).
In a related field of endeavor Burton discloses (Burton Fig. 1) a GaAs substrate absorbs light generated by AlXGa1-XAs active layers (Burton page 5, lines 14-16).
Since the materials of the substrate of Kondo and Burton are substantially identical in composition, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Kondo and Burton to enable the substrate of Burton in Kondo, because the selection of a known material based on its suitability for its intended use is supported by a prima facie case of obviousness (MPEP 2144.07). Furthermore, given that the substrate of the combination of Kondo and Burton is identical or substantially identical to the claimed substrate, the light absorption characteristic of a GaAs substrate is therefore a prima facie case of obviousness, as the absorption property is inherent to the material. See MPEP 2112.01(I).
The combination of Kondo and Burton fails to explicitly disclose the substrate re-emits the light in a form not absorbed by the gate layers of the thyristors.
However, Kondo discloses light not absorbed is re-emitted (transmitted from diodes for example, Kondo [0111] and [0171]), where not blocked by the back-surface electrode (91, Kondo [0111] and [0171]).
Furthermore, Kondo2 discloses such light transmitted by the substrate is not absorbed by layers with a high band gap (e.g. Al0.9Ga0.1As for layers 16 and 18 in VCSEL, Kondo2 [0079], [0128], and [0132]).
Kondo2 discloses an analogous structure to Kondo utilizing compound semiconductor layers with different bandgaps for different functions. Kondo2 teaches when a semiconductor layer has a higher bandgap than the energy of incoming light, the semiconductor material is transparent to that light (Kondo2 [0079]) for the benefit of the light being absorbed by its intended target with lower bandgap (i.e. a photothyristor, Kondo2 [0078]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to set the bandgap of thyristor gate layers intended to be transparent to incoming light higher than the energy of the incoming light for the benefit of not unintentionally turning on a thyristor.
Regarding Claim 10 – Kondo modified by Burton and Kondo2 discloses all the limitations of claim 1.
The combination of Kondo, Burton, and Kondo2 further discloses the light re-emitted by the substrate (GaAs at 1.43 eV, Kondo [0265], [0325] and Fig. 15) is less energetic than a band gap energy of the gate layers (Emitting thyristor gate layers are AlXGa1-XAs, Kondo [0273-0274], bandgap for AlXGa1-XAs is above 1.43 eV, maximum above 2.0 eV for pure AlAs, Kondo Fig. 15), and even if the re-emitted light reaches the thyristors, the re-emitted light is not absorbed by the thyristors (e.g. Al0.9Ga0.1As for gate layers as in Kondo2’s layers 16 and 18 in VCSEL, Kondo2 [0079], [0128], and [0132]).
Claims 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US 20180234584 A1, hereinafter “Kondo”), in view of Burton et al (WO 8603342 A1, hereinafter “Burton”), and further in view of Kondo (US 20180006645 A1, hereinafter “Kondo2”), and further in view of Kondo et al (US 20200244039 A1, hereinafter “Kondo3”).
Regarding Claim 9 – Kondo discloses a measurement apparatus comprising: a substrate (80 [0265] and Figs. 6a and 6b); a plurality of light-emitting elements (LED1-LED128 [0051]) provided on the substrate, each having a light-emitting area (determined by central portion, α, of the current constriction layer, 81b, [0123] and Fig. 18); a plurality of thyristors (S1-S128 [0071]) which are provided on each of the light-emitting elements (Figs. 6a and 6b), which include gate layers (86 and 87 [0122]), and which cause light to be emitted, or increase an amount of light emitted, from the light-emitting areas of the light-emitting elements by being in an ON state ([0003]); a driving unit (110 [0047] and Fig. 5) that individually drives the plurality of thyristors and causes each of the light-emitting areas to emit light at a predetermined timing ([0206-0208] and Fig. 9); and the substrate (GaAs, Kondo [0265]) has a lower band gap energy (1.43 eV for GaAs, Kondo [0325] and Fig. 15) than a band gap energy corresponding to light emitted from the plurality of thyristors (Emitting thyristor gate layers are AlXGa1-XAs, Kondo [0273-0274], bandgap for AlXGa1-XAs is above 1.43 eV, maximum above 2.0 eV for pure AlAs, Kondo Fig. 15).
Kondo fails to expressly disclose the substrate absorbs the light emitted from the thyristors.
However, Kondo discloses the substrate is GaAs (Kondo [0265]), the emitting thyristor gate layers are AlXGa1-XAs (Kondo [0273-0274]).
In a related field of endeavor Burton discloses (Burton Fig. 1) a GaAs substrate absorbs light generated by AlXGa1-XAs active layers (Burton page 5, lines 14-16).
Since the materials of the substrate of Kondo and Burton are substantially identical in composition, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Kondo and Burton to enable the substrate of Burton in Kondo, because the selection of a known material based on its suitability for its intended use is supported by a prima facie case of obviousness (MPEP 2144.07). Furthermore, given that the substrate of the combination of Kondo and Burton is identical or substantially identical to the claimed substrate, the light absorption characteristic of a GaAs substrate is therefore a prima facie case of obviousness, as the absorption property is inherent to the material. See MPEP 2112.01(I).
The combination of Kondo and Burton fails to explicitly disclose the substrate re-emits the light in a form not absorbed by the gate layers of the thyristors.
However, Kondo discloses light not absorbed is re-emitted (transmitted from diodes for example, Kondo [0111] and [0171]), where not blocked by the back-surface electrode (91, Kondo [0111] and [0171]).
Furthermore, Kondo2 discloses such light transmitted by the substrate is not absorbed by layers with a high band gap (e.g. Al0.9Ga0.1As for layers 16 and 18 in VCSEL, Kondo2 [0079], [0128], and [0132]).
Kondo2 discloses an analogous structure to Kondo utilizing compound semiconductor layers with different bandgaps for different functions. Kondo2 teaches when a semiconductor layer has a higher bandgap than the energy of incoming light, the semiconductor material is transparent to that light (Kondo2 [0079]) for the benefit of the light being absorbed by its intended target with lower bandgap (i.e. a photothyristor, Kondo2 [0078]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to set the bandgap of thyristor gate layers intended to be transparent to incoming light higher than the energy of the incoming light for the benefit of not unintentionally turning on a thyristor.
The combination of Kondo, Burton, and Kondo2 fails to disclose an acquisition unit that acquires information related to an object on a basis of reflected light obtained due to the object reflecting the light from each of the light-emitting areas.
However, Kondo3 discloses an acquisition unit (light-receiving unit 11, Kondo3 [0222] and Fig. 15) that acquires information related to an object on a basis of reflected light obtained due to the object reflecting the light from each of the light-emitting areas (optical apparatus 30, Kondo3 [0230]).
Kondo3 discloses a similar thyristor-containing laser diode structure to Kondo. Kondo3 teaches using the light-emitting structure to emit pulses of light to enable a receiving unit (11, [0223]) and processing unit (12, [0225]) to collect the reflected pulses and calculate distance (Kondo3 [0225]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the light-emitting structure of Kondo and the acquisition unit of Kondo3 to emit light and measure the light in order to calculate distance from an object.
Still, Kondo fails to expressly disclose the substrate absorbs light emitted from the thyristors.
However, Kondo discloses the substrate is GaAs (Kondo [0265]) and the emitting thyristor gate layers are AlXGa1-XAs (Kondo [0273-0274]).
In a related field of endeavor Burton discloses (Burton Fig. 1) a GaAs substrate absorbs light generated by AlXGa1-XAs active layers (Burton page 5, lines 14-16).
Since the materials of the substrate of Kondo and Burton are substantially identical in composition, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the teachings of Kondo and Burton to enable the substrate of Burton in Kondo, because the selection of a known material based on its suitability for its intended use is supported by a prima facie case of obviousness (MPEP 2144.07). Furthermore, given that the substrate of the combination of Kondo and Burton is identical or substantially identical to the claimed substrate, the light absorption characteristic of a GaAs substrate is therefore a prima facie case of obviousness, as the absorption property is inherent to the material. See MPEP 2112.01(I).
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Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection necessitated by amendment.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON MCDONALD whose telephone number is (571) 272-5944. The examiner can normally be reached M-F 8a-6p Eastern, alternating Fridays out of office.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julio Maldonado can be reached at (571) 272-1864. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON MCDONALD/Examiner, Art Unit 2898 /JULIO J MALDONADO/Supervisory Patent Examiner, Art Unit 2898
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