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 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, 3 and 11 (and all claims dependent therefrom, 2-10, 12-15) 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 “proximate” in claims 1 and 3 is a relative term which renders the claim indefinite. The term “proximate” 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 purposes of examination, “proximate” is understood to mean within +/- 10%.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “hollow” in claim 11 is used by the claim to mean “an area of non-oxidized material,” while the accepted meaning is “an area of empty space.” The term is indefinite because the specification does not clearly redefine the term.
For purposes of examination, “hollow” is understood to be an area of un-oxidized material.
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) 1-5 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biesenbach et al. (WO 97/30494; English translation included and from which citations are made) in view of Shimizu et al. (US 2010/0086311).
With respect to claim 1, Biesenbach teaches a laser diode (fig.1 #6), comprising: a coefficient of thermal expansion (inherent in the laser); an epitaxy structure of the laser diode (“gallium arsenide semiconductor component (diode laser bar) 9”;necessarily present in a laser diode to provide gain and electrical connection); and a composite multi-layer metal board (fig.1 #1) disposed below the laser and at least comprising a first metal layer (fig.1 #2) and a second metal layer (fig.1 #3), wherein the first metal layer and the second metal layer are stacked (as seen in fig.1), a material of the first metal layer is different from a material of the second metal layer (“upper copper layer 2, an intermediate layer 3 and a lower copper layer 4. While the two copper layers 2, 4 have a thickness d .sub.κ of approximately 50 μm in this exemplary embodiment, the inserted intermediate layer 3 is implemented in a thickness d .sub.z of approximately 300 μm. The material for the intermediate layer 3 can be molybdenum, tungsten, aluminum nitride or a pyrolytic graphite”), and the composite multi-layer metal board has a modified coefficient of thermal expansion (“It is essential that the compressive and bending stresses explained with reference to FIGS. 3 and 4 do not occur within the heat sink, that the coefficient of thermal expansion on the mounting surface 5 of the heat sink is set such that it is dependent on the thermal expansion coefficient of the mounting surface of a building to be assembled ¬ partly deviates no more than 10%. In the embodiment as shown in FIG. 1, the coefficient of thermal expansion α of the laser diode bar, denoted by reference numeral 6, is approximately 6.5 * 10 ^ / K, so that a corresponding coefficient of thermal expansion of 5 on the upper side of the mounting surface 5 about α = 6.5 • 10 "* / K. This is achieved in that the underlying copper layer 2, which has a thermal expansion coefficient of α = 16.5 • 10 ^ / K, with a thickness d .sub.κ of 50 μm, is carried on an intermediate layer made of molybdenum, which has a thickness d .sub.z of 500 μm with a coefficient of thermal expansion in the example of α = 4 .Math. 10 ^ / K. The intermediate layer 3 in turn has a 50 μm thick copper layer on its underside 4. With this construction, the coefficient of thermal expansion of the cooling body 1 is gradually changed from the underside, ie the lower copper layer 4, to the mounting surface 5, so that there is no transition with respect to the coefficient of thermal expansion α between the mounting surface and the individual layers 2, 3 and 4 to the mounting area.”); wherein the laser has an initial thickness as the epitaxy structure is grown, the laser is thinned to a combining thickness (this is a product by process limitation which imparts no structural feature in the end product as no ‘initial’ and ‘thinned’ thicknesses have been claimed and only the ‘thinned’ portion remains in the final structure; see MPEP 2113) for attaching the composite multi-layer metal board (fig.1 laser #6 attached to board #1), and the modified coefficient of thermal expansion of the composite multi-layer metal board is proximate to the laser coefficient of thermal expansion (as captured in large quoted block above, the CTE of #1 is within 10% of the CTE of the laser #6). Biesenbach does not specify the presence of an original substrate having a substrate coefficient of thermal expansion, and an epitaxy structure formed on the original substrate. Shimizu teaches a laser diode device with an original substrate of GaAs (fig.1/24 #11/2001) and an epitaxial structure formed thereon ([0092]). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the undefined laser of Biesenbach to make use of a laser structure with original substrate and epitaxial layers thereon such as that shown in fig.1/24 of Shimizu in order to provide a lasing device with vertical emission direction and base layer enabling growth of the device layers thereon.
Note the following is met when the combination is made as explained above: wherein the original substrate has an initial thickness as the epitaxy structure is grown thereon, the original substrate is thinned to a combining thickness for attaching the composite multi-layer metal board.
With respect to claim 2, Biesenbach, as modified, teaches the laser diode has a vertical-cavity surface-emitting laser diode structure (Shimizu, fig.1/24).
With respect to claim 3, Biesenbach, as modified, teaches a material of the original substrate is GaAs (Shimizu, [0092, 206]), the epitaxy structure has an epitaxy coefficient of thermal expansion (inherent material characteristic), and the substrate coefficient of thermal expansion is proximate to the epitaxy coefficient of thermal expansion (based on substrate and epitaxial layers both using GaAs, Shimizu [0092-95]).
With respect to claim 4, Biesenbach, as modified, teaches the epitaxy structure comprises: a first reflector disposed above the original substrate (fig.1/24 #12/207); an active layer (fig.1/24 #32/2004) disposed above the first reflector; and a second reflector (fig.1/24 #16/2018) disposed above the active layer.
With respect to claim 5, Biesenbach, as modified, teaches the first reflector is formed by stacking a plurality of N-type reflecting layers (fig.24 #2017, [0211]), the second reflector is formed by stacking a plurality of P-type reflecting layers (fig.24 #2018, [0211]), and a number of the P-type reflecting layers is larger than a number of the N-type reflecting layers ([0215]).
With respect to claim 7, Biesenbach, as modified, teaches the composite multi-layer metal board further comprises a third metal layer (fig.1 #4), the second metal layer is disposed between the first metal layer and the third metal layer (fig.1 #3 between #2 and #4), and the material of the first metal layer is identical to a material of the third metal layer ((“upper copper layer 2, an intermediate layer 3 and a lower copper layer 4.”).
With respect to claim 8, Biesenbach, as modified, teaches a thickness of the first metal layer and a thickness of the third metal layer are smaller than a thickness of the second metal layer (“upper copper layer 2, an intermediate layer 3 and a lower copper layer 4. While the two copper layers 2, 4 have a thickness d .sub.κ of approximately 50 μm in this exemplary embodiment, the inserted intermediate layer 3 is implemented in a thickness d .sub.z of approximately 300 μm.”).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biesenbach and Shimizu in view of Chen et al. (US 2019/0189837).
With respect to claim 9, Biesenbach, as modified, teaches the material of the first metal layer and the material of the third metal layer are copper (“upper copper layer 2, an intermediate layer 3 and a lower copper layer 4.”), but does not teach the material of the second metal layer is nickel-iron alloy. Chen teaches a related 3 layer metal mount for a diode light emitter (fig.1), and further teaches the use of Cu/NiFe/Cu ([0029) and matching to GaAs materials ([0007, 27, 31-33]). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the middle material layer of Biesenbach to make use of NiFe as Chen has demonstrated use of such a material in a similar substrate is capable of achieving CTE matching with similar GaAs based materials and would amount to a simple selection of material known to achieve a particular result (see MPEP 2144.07).
Claim(s) 1 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Biesenbach in view of Kawakami et al. (US 2019/0221999).
With respect to claim 1, Biesenbach teaches a laser diode (fig.1 #6), comprising: a coefficient of thermal expansion (inherent in the laser); an epitaxy structure of the laser diode (“gallium arsenide semiconductor component (diode laser bar) 9”;necessarily present in a laser diode to provide gain and electrical connection); and a composite multi-layer metal board (fig.1 #1) disposed below the laser and at least comprising a first metal layer (fig.1 #2) and a second metal layer (fig.1 #3), wherein the first metal layer and the second metal layer are stacked (as seen in fig.1), a material of the first metal layer is different from a material of the second metal layer (“upper copper layer 2, an intermediate layer 3 and a lower copper layer 4. While the two copper layers 2, 4 have a thickness d .sub.κ of approximately 50 μm in this exemplary embodiment, the inserted intermediate layer 3 is implemented in a thickness d .sub.z of approximately 300 μm. The material for the intermediate layer 3 can be molybdenum, tungsten, aluminum nitride or a pyrolytic graphite”), and the composite multi-layer metal board has a modified coefficient of thermal expansion (“It is essential that the compressive and bending stresses explained with reference to FIGS. 3 and 4 do not occur within the heat sink, that the coefficient of thermal expansion on the mounting surface 5 of the heat sink is set such that it is dependent on the thermal expansion coefficient of the mounting surface of a building to be assembled ¬ partly deviates no more than 10%. In the embodiment as shown in FIG. 1, the coefficient of thermal expansion α of the laser diode bar, denoted by reference numeral 6, is approximately 6.5 * 10 ^ / K, so that a corresponding coefficient of thermal expansion of 5 on the upper side of the mounting surface 5 about α = 6.5 • 10 "* / K. This is achieved in that the underlying copper layer 2, which has a thermal expansion coefficient of α = 16.5 • 10 ^ / K, with a thickness d .sub.κ of 50 μm, is carried on an intermediate layer made of molybdenum, which has a thickness d .sub.z of 500 μm with a coefficient of thermal expansion in the example of α = 4 .Math. 10 ^ / K. The intermediate layer 3 in turn has a 50 μm thick copper layer on its underside 4. With this construction, the coefficient of thermal expansion of the cooling body 1 is gradually changed from the underside, ie the lower copper layer 4, to the mounting surface 5, so that there is no transition with respect to the coefficient of thermal expansion α between the mounting surface and the individual layers 2, 3 and 4 to the mounting area.”); wherein the laser has an initial thickness as the epitaxy structure is grown, the laser is thinned to a combining thickness (this is a product by process limitation which imparts no structural feature in the end product as no ‘initial’ and ‘thinned’ thicknesses have been claimed and only the ‘thinned’ portion remains in the final structure; see MPEP 2113) for attaching the composite multi-layer metal board (fig.1 laser #6 attached to board #1), and the modified coefficient of thermal expansion of the composite multi-layer metal board is proximate to the laser coefficient of thermal expansion (as captured in large quoted block above, the CTE of #1 is within 10% of the CTE of the laser #6). Biesenbach does not specify the presence of an original substrate having a substrate coefficient of thermal expansion, and an epitaxy structure formed on the original substrate. Kawakami teaches a laser diode device with an original substrate of GaAs (fig.1 #1, [0050]) and an epitaxial structure formed thereon (fig.1 #2-4). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the undefined laser of Biesenbach to make use of a laser structure with original substrate and epitaxial layers thereon such as that shown in fig.1 of Kawakami in order to provide a lasing device with horizontal emission direction and base layer enabling growth of the device layers thereon.
Note the following is met when the combination is made as explained above: wherein the original substrate has an initial thickness as the epitaxy structure is grown thereon, the original substrate is thinned to a combining thickness for attaching the composite multi-layer metal board.
With respect to claim 6, Biesenbach, as modified, teaches the laser diode has an edge emitting laser diode structure (Kawakami, fig.1).
Claim(s) 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2015/0255955) in view of Biesenbach.
With respect to claim 10, Wang teaches a laser diode manufacturing method (fig.1b), comprising: an epitaxy structure growing step (fig.1b #102), wherein an epitaxy structure is formed on an original substrate (fig.1b #101), and the original substrate has an initial thickness (inherent); an original substrate thinning step (fig.1b #107), wherein a thinning process is performed to allow the original substrate to be thinned to a combining thickness (fig.6 #623 to #658); and a board (fig.7 #765) attaching step (fig.7), wherein a board is disposed below the original substrate (as seen in fig.7). Wang does not detail that the board is a multi-layer metal board, such that a composite multi-layer metal board attaching step, wherein a composite multi-layer metal board is disposed below the original substrate, the composite multi-layer metal board at least comprises a first metal layer and a second metal layer, and the first metal layer is located between the original substrate and the second metal layer. Biesenbach teaches a related mount (fig.1 #1) for a laser device using GaAs (“gallium arsenide semiconductor component (diode laser bar) 9”) and the board to be a multi-layer metal board at least comprises a first metal layer (fig.1 #2) and a second metal layer (fig.1 #3), and the first metal layer is located between the laser and the second metal layer (as seen in fig.1). It would have been obvious to one of ordinary skill in the art before the filing of the instant application to make use of the multi-layer metal board of Biesenbach in place of the undefined board of Wang in order to closely match the CTE of the GaAs based laser (Biesenbach: “It is essential that the compressive and bending stresses explained with reference to FIGS. 3 and 4 do not occur within the heat sink, that the coefficient of thermal expansion on the mounting surface 5 of the heat sink is set such that it is dependent on the thermal expansion coefficient of the mounting surface of a building to be assembled ¬ partly deviates no more than 10%. In the embodiment as shown in FIG. 1, the coefficient of thermal expansion α of the laser diode bar, denoted by reference numeral 6, is approximately 6.5 * 10 ^ / K, so that a corresponding coefficient of thermal expansion of 5 on the upper side of the mounting surface 5 about α = 6.5 • 10 "* / K. This is achieved in that the underlying copper layer 2, which has a thermal expansion coefficient of α = 16.5 • 10 ^ / K, with a thickness d .sub.κ of 50 μm, is carried on an intermediate layer made of molybdenum, which has a thickness d .sub.z of 500 μm with a coefficient of thermal expansion in the example of α = 4 .Math. 10 ^ / K. The intermediate layer 3 in turn has a 50 μm thick copper layer on its underside 4. With this construction, the coefficient of thermal expansion of the cooling body 1 is gradually changed from the underside, ie the lower copper layer 4, to the mounting surface 5, so that there is no transition with respect to the coefficient of thermal expansion α between the mounting surface and the individual layers 2, 3 and 4 to the mounting area.”) and prevent warping (Biesenbach, fig.4).
With respect to claim 11, Wang, as modified, teaches a mesa etching step (fig.1b #104), wherein a portion of the epitaxy structure is removed (fig.2b); and an oxidizing step (fig.1b #105), wherein the epitaxy structure comprises a first reflector (fig.2 #224, [0051]; also fig.4), an active layer (fig.2 #225, [0051]; also fig.4) and a second reflector (fig.2 #227, [0051]; also fig.4) stacked in order above the original substrate, an oxidizing process is performed (fig.1b #105) on the second reflector (fig.4a #427 can be considered second reflector in conjunction with layer #426/434) to form an oxidized portion (fig.4 #434), and the oxidized portion is hollow (fig.4 non-ox portion #426) and has an inner edge (fig.4 #426 left/right edge).
With respect to claim 12, Wang, as modified, teaches in the original substrate thinning step, a temporary substrate is attached onto the epitaxy structure (fig.6 #656), and the thinning process is performed by grinding ([0076]).
With respect to claim 13, Wang, as modified, teaches in the composite multi-layer metal board attaching step, the temporary substrate is removed (fig.7 #656 removed during mounting process).
With respect to claim 14, Wang, as modified, teaches an electrode forming step, wherein a P-type metal layer is disposed above the second reflector (fig.7 #738). Wang teaches the top of the p-top of the epitaxial stack to be exposed after the board is attached, but Wang does not specify the electrode forming step is preformed after the composite multi-layer metal board attaching step. It would have been obvious to one of ordinary skill in the art before the filing of the instant application to adapt the process of Wang to form the p-metal after the board attachment as Wang has demonstrated the surface of the p-top epitaxial structure to be free of the temporary substrate at that point and it would provide a clear path to form the metal in a straightforward manner amounting to at most a rearrangement of parts/steps (see MPEP 2144.04 VI B).
With respect to claim 15, Wang teaches a metal pad forming step, wherein a metal pad connecting the P-type metal layer is formed (fig.7 #768 formed and attached to #738 via #769).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11699890 and 2023/0170434 are noted as teaching devices similar to at least claim 1.
Please see the included pto892 form for a list of other related references.
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