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 .
Specification
The disclosure is objected to because of the following informalities:
[0026] refers to figure 3 while figure 5 is understood to be more correct.
Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: [0028] refers to #253. 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. 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 Interpretation
Claim 3 refers to “high absorption efficiency, a minimized thermal mass and a faster thermal response time”. The underlined terms when used alone would generally create an issue of clarity as they are relative terms, however, the limitations will be understood to be met by meeting the physical limitations of the claim (film size vs. beam size).
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.
Claims 1 and 3 (and all claims dependent therefrom; 2, 4-7) are 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.
The term “efficiently” in claim 1 lines 23 and 26 is a relative term which renders the claim indefinite. The term “efficiently” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the purposes of examination, “efficiently collecting the light” will be understood to be met by the cavity provided an unimpeded path of the light from the emitter to the absorber region while “absorbing…efficiently” will be understood to be met by achieving IR output after the absorption.
The term “slightly” in claim 3 is a relative term which renders the claim indefinite. The term “slightly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
For the purposes of examination, “slightly larger” will be understood to be met by the absorbing film being larger than the laser beam.
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.
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 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie et al. (US 2020/0083394) in view of Deng et al. (US 2007/0159773) and Chang et al. (US 2006/0246615).
With respect to claim 1, Shie teaches an infrared emitter package (fig.1, abstract) comprising: a laser diode (fig.1 #3, [0021]) disposed on a center region of the package (fig.1 central location of #30) and an electrical connecting site that is disposed on said top side (fig.1 #2 provides electrical connection, [0020]), and an infrared (IR) emitting unit (fig.1 #4) including a substrate (fig.1 #2) that has a cavity (fig.1 #411) disposed above and aligned with said center region so as to encompass said center region, said cavity receiving said laser diode (as seen in fig.1) and efficiently collecting the light emitted by said laser diode (fig.1 clear path from #3 to absorber #423), and a membrane (fig.1 #421-423) that is stacked on said substrate and that has a light-absorbing film (fig.1 #423) above said cavity for absorbing light emitted by said laser diode efficiently ([0024] absorbs light and re-emits IR) and re-emitting the light as heat by a non-radiative recombination mechanism so as to be heated up to an elevated temperature and generate infrared radiation ([0024]). Shie does not teach the package to include a TO-can unit including a header plateau that is metallic and that has a top side, a bottom side that is opposite to said top side, and a hole penetrating through said top and bottom sides, said top side having a center region surrounding said hole, and an electrical connecting site that is disposed on said top side, a first connection pin extending through said hole of said header plateau, protruding downwardly from said bottom side, being electrically insulated from said header plateau by an insulating material filled in said hole, and having a top end exposed from said top side, and a second connection pin protruding downwardly from said bottom side, being electrically isolated from said first connection pin, and being electrically conductive to said electrical connecting site, a vertical cavity surface emission laser (VCSEL) diode disposed on said center region of said top side of said header plateau and directly and electrically connecting said top end of said first connection pin, said VCSEL diode having a bonding pad, and a connecting wire that connects said bonding pad to said electrical connecting site. Deng teaches packaging (fig.1/2a) for an emission unit with a VCSEL (fig.1/2a #50, [0035]) which includes a TO-can unit (fig.1 #20) including a header plateau (fig.1/2a #112) that is metallic ([0055]) and that has a top side (fig.1/2a upper side), a bottom side (fig.1/2a lower side) that is opposite to said top side, and a hole penetrating through said top and bottom sides (fig.2a holes for pins, can be hole for #114a), said top side having a center region surrounding said hole (fig.2 wide circular center can be defined encompassing the holes + pins + central elements), and an electrical connecting site that is disposed on said top side (fig.2a wirebond connection(s) to pin(s), such as #116d to #114d), a first connection pin (fig.2a #114a) extending through said hole of said header plateau, protruding downwardly from said bottom side (as seen in fig.1), being electrically insulated from said header plateau by an insulating material filled in said hole (fig.2a #118a, [0057]), and having a top end exposed from said top side (as seen in fig.2a), and a second connection pin (fig.2a #114d) protruding downwardly from said bottom side (as seen in fig.1), being electrically isolated from said first connection pin (fig.2a via insulating glass, [0057]), and being electrically conductive to said electrical connecting site (as defined above, wirebond connection site to the pin), a vertical cavity surface emission laser (VCSEL) diode (fig.2a #50) disposed on said center region of said top side of said header plateau and electrically connecting said top end of said first connection pin (fig.2a as #114a connected to traces leading to #50), and a connecting wire (fig.2a #116d) that connects the laser to said electrical connecting site. It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Shie to make use of the packaging arrangement of Deng by incorporating the IR unit of Shie into the packaging of Deng, thereby making use of the VCSEL of Deng for the laser diode #3 in Shie, in order to provide a means of physically protecting the IR device from external shock as well as to provide environmental contaminant and thermal isolation (Deng, [0039] via hermetic seal).
Shie, as modified, does not teach the VCSEL to be directly connected to the first pin wherein said VCSEL diode has a bonding pad. Chang teaches a related VCSEL (abstract) package to that of Deng and further teaches the VCSEL to be directly connected to a first pin (fig.6 #20 directly attached to pin) wherein said VCSEL diode has a bonding pad (fig.6 bonding pad of some type necessarily present to secure wirebond site on VCSEL surface, [0025]). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the system of Shie to directly connect the VCSEL to the first pin and to make use of a bond pad for the VCSEL in order to provide a reduced impedance (inductance) by reducing bond wire and trace connections while also providing a secure means (bond pad) for attaching the VCSEL to the electrical connections.
With respect to claim 5, Shie, as modified, teaches said header plateau of said TO-can unit further includes a top cap (Deng, fig.1 #12/58) that is attached to said top side of said header plateau to protect said IR emitting unit (protects from physical, environmental, thermal changes), and said top cap has a top window opening allowing light to emit outwardly (Deng, fig.1 hole in #58 and central hole in #12).
With respect to claim 6, Shie, as modified, teaches said top cap further has a transparent plate (Deng, fig.1 #46) disposed on (= “in close proximity with”) said top window opening as protection against contamination from external environment ([0034] based on hermetic seal).
With respect to claim 7, Shie, as modified, teaches the device is adapted to be used in a non-dispersive infrared (NDIR) sensor ([0003, 29]), wherein said IR emitting unit emits radiation containing a signature wavelength of a gas to be detected by the NDIR sensor ([0029]), said top cap further having a lens that is disposed in said top window opening (Deng, fig.1 #54) and that is transparent to the generated light to collimate and/or focus the light (Deng, [0039]). Shie, as modified by Deng, does not specify that the lens of Deng is transparent to the signature wavelength of the gas to be detected. It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the system of Shie and Deng to make use of a lens material which is capable of transmitting (i.e. being transparent) the wavelength of light produced by Shie in order to enable the collimating/focusing features of Deng’s lens (Deng, [0039]) and ensure the light of Shie reaches the to-be-detected gas.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie, Deng and Change further in view of Kushibe et al. (US 7830937).
With respect to claim 2, Shie, as modified, teaches the device outlined above, including ability of the absorbing material to produce IR output via absorption over a range of wavelengths (Shie fig.3), but does not specify said vertical-cavity surface-emitting laser (VCSEL) diode emits a wavelength ranging from 650 nm to 950 nm that is able to be absorbed by a polycrystalline Germanium semiconductor material. Kushibe teaches a VCSEL is capable of producing light at 650nm (col.17 lines 55-56). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the VCSEL of Shie to make use of 650nm light as demonstrated by Kushibe in order to take advantage of the additionally absorbing range of the material of Shie (fig.3) and allow for flexibility in the laser used as well as the ability to adjust the output amount of the IR device.
It is noted that the 650nm light produced would be able to be absorbed by polycrystalline germanium semiconductor based on its bandgap.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shie, Deng and Change in view of Raring et al. (US 2019/0187284).
With respect to claim 3, Shie, as modified, teaches the device outlined above, but does not teach said light absorbing film has a film size slightly larger than that of a cross section of a laser beam of said VCSEL diode that is intercepted by said light absorbing film to ensure a high absorption efficiency, a minimized thermal mass and a faster thermal response time of said light absorbing film. Raring teaches using laser diodes (including VCSELs, [0493]) to excite conversion material (fig.19a-20b) wherein said conversion material has a film size slightly larger than that of a cross section of a laser beam of said laser (fig.19a/20a #1406 larger than #1407). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the device of Shie such that said light absorbing film has a film size slightly larger than that of a cross section of a laser beam of said VCSEL diode that is intercepted by said light absorbing film as Raring has demonstrated such a relationship and the arrangement would ensure all light falls onto the absorber to improve conversion (e.g. if light beam was larger than higher levels of conversion would not be reachable).
Note that the above relationship is understood to ensure a high absorption efficiency, a minimized thermal mass and a faster thermal response time of said light absorbing film at least as compared to a beam which is wider than the absorber.
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The additional limitations of said VCSEL diode has a vertical emission angle not larger than 30°, and said light absorbing film has a film size 10% larger than that of a cross section of a laser beam of said VCSEL diode that is intercepted by said light absorbing film outlined in claim 4 were not found to be taught or suggested by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The Examiner directs the Applicant’s attention to the include pto892 form for a list of related art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOD THOMAS VAN ROY whose telephone number is (571)272-8447. The examiner can normally be reached M-F: 8AM-430PM.
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/TOD T VAN ROY/Primary Examiner, Art Unit 2828