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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 9-10, 12-19 and 21 are rejected under 35 U.S.C. 102a2 as being anticipated by Lin et al. (US Patent 10,340,659 B1, 06/15/23 IDS).
Regarding claim 1, Lin discloses a laser device (10A, FIG. 1L, col. 4 lines 16-18), comprising:
a first waveguiding layer (12, FIG. 1L, col. 4 line 18);
an active layer (13, FIG. 1L, col. 4 line 19) having a quantum structure (131, FIG. 1L, col. 4 lines 36-37) over the first waveguiding layer;
a second waveguiding layer (14, FIG. 1L, col. 4 line 19) over the active layer;
a contact layer (C, FIG. 1L, col. 4 lines 19-20) over the second waveguiding layer, wherein the first waveguiding layer, the active layer, the second waveguiding layer, and the contact layer form an epitaxy structure (W, col. 4 lines 49-52), the epitaxy structure having a first platform (A1, col. 5 lines 7-9), the first platform having multiple holes (141, FIG. 1L, col. 5 lines 4-9) to form a photonic crystal structure (15, FIG. 1L, col. 5 lines 4-9);
a first insulating layer (16, FIG. 1L, col. 4 lines 21-22) over an upper surface and a sidewall surface of the first platform (FIG. 1L), wherein the first insulating layer has a first aperture (161, FIG. 1L, col. 5 lines 30-34) corresponding to the photonic crystal structure;
a plurality of hole fillings respectively filled in the holes (it’s implicitly taught by the holes 141 being filled with air, FIG. 1L);
a first electrode (18, FIG. 1L, col. 4 line 22) over the photonic crystal structure; and
a second electrode (19, FIG. 1L, col. 4 line 22) electrically connected to the first waveguiding layer.
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Regarding claim 2, Lin discloses a light-transmissive conducting layer (17, FIG. 1L, col. 4 lines 21-22) over the first insulating layer and connecting to the photonic crystal structure through the first aperture of the first insulating layer (FIG. 1L), wherein the first electrode is over the light-transmissive conducting layer (FIG. 1L).
Regarding claim 3, Lin discloses the first electrode connects to the photonic crystal structure through the first aperture of the first insulating layer (FIG. 1L).
Regarding claim 4, Lin discloses a light-transmissive conducting layer (17, FIG. 1L, col. 4 lines 21-22) disposed on the photonic crystal structure, wherein the first insulating layer covers an edge of the light-transmissive conducting layer (FIG. 1L), the first aperture of the first insulating layer exposes a part of the light-transmissive conducting layer (FIG. 1L), and the first electrode connects to the light-transmissive conducting layer through the first aperture of the first insulating layer (FIG. 1L).
Regarding claim 6, Lin discloses a substrate (11, FIG. 1L, col. 4 line 18) having an inner surface (an upper surface, FIG. 1L) and an outer surface (a lower surface, FIG. 1L), wherein the first waveguiding layer is over the inner surface of the substrate (12 is disposed on the upper surface of 11, FIG. 1L), the second electrode is under the outer surface of the substrate (19 is disposed under the lower surface of 11, FIG. 1L), and the first electrode has an opening (181, FIG. 1L, col. 6 lines 4-7) corresponding to the first aperture of the first insulating layer (181 is aligned with 161, FIG. 1L).
Regarding claim 9, Lin discloses the epitaxy structure further has a second platform (A2, FIG. 1L, col. 5 lines 54-57), and the first insulating layer is on an upper surface of the second platform, and first platform and the second platform face substantially the same direction (FIG. 1L).
Regarding claim 10, Lin discloses the first waveguiding layer comprises a graded-index layer (G1, FIG. 3), a cladding layer (12, FIG. 3), and a separate confinement heterostructure (S1, FIG. 3).
Regarding claim 12, Lin discloses the second waveguiding layer comprises a graded-index layer (G2, FIG. 3), a cladding layer (14, FIG. 3), and a separate confinement heterostructure (S2, FIG. 3).
Regarding claim 13, Lin discloses the first waveguiding layer and the second waveguiding layer comprise at least a material selected from a group of aluminum gallium arsenide (AlGaAs), gallium arsenide (GaAs), indium gallium arsenide (InGaAs), gallium nitride (GaN), aluminum gallium nitride (AlGaN), indium gallium nitride (InGaN), aluminum gallium indium arsenide (AlGaInAs), indium phosphide (InP), gallium phosphide (GaP), indium gallium phosphide (InGaP), aluminum gallium indium phosphide (AlGaInP), gallium antimonide (GaSb), aluminum gallium antimonide (AlGaSb), gallium arsenide antimonide (GaAsSb), aluminum gallium arsenide antimonide (AlGaAsSb), indium gallium arsenide phosphide (InGaAsP), and indium aluminum arsenide (InAlAs) (col. 4 lines 29-35 and 39-43).
Regarding claim 14, Lin discloses the quantum structure comprise at least a material selected from a group of gallium arsenide (GaAs), gallium phosphide (GaP), gallium nitride (GaN), indium arsenide (InAs), indium phosphide (InP), indium nitride (InN), indium gallium arsenide (InGaAs), indium gallium phosphide (InGaP), indium gallium nitride (InGaN), aluminium gallium arsenide (AlGaAs), aluminum gallium indium arsenide (AlGaInAs), aluminum gallium indium phosphide (AlGaInP), indium gallium aluminium nitride (InGaAlN), gallium indium arsenide phosphide (GaInAsP), indium antimonide (InSb), gallium antimonide (GaSb), aluminium antimonide (AlSb), gallium arsenide antimonide (GaAsSb), indium arsenide antimonide (InAsSb), aluminum arsenide antimonide (AlAsSb), gallium indium antimonide (GaInSb), aluminum gallium antimonide (AlGaSb), indium gallium arsenide antimonide (InGaAsSb), and aluminum gallium arsenide antimonide (AlGaAsSb) (col. 3 lines 13-16).
Regarding claim 15, Lin discloses the contact layer comprises at least a material selected from a group of gallium nitride (GaN), gallium arsenide (GaAs), indium phosphide (InP), indium gallium arsenide (InGaAs), gallium phosphide (GaP), gallium antimonide (GaSb), and indium gallium arsenide phosphide (InGaAsP) (col. 4 lines 44-48).
Regarding claim 16, Lin discloses the holes are arranged in 2-dimension (col. 2 lines 56-57).
Regarding claim 17, Lin discloses the first insulating layer and the second insulating layer comprise at least a material selected from a group of silicon nitride (SiNx), silicon oxide (SiOx), aluminum oxide (Al2O3), and polyimide (col. 5 lines 40-42).
Regarding claim 18, Lin discloses the light-transmissive conducting layer comprises at least a material selected from a group of indium tin oxide (ITO), antimony tin oxide (ATO), fluorine doped tin oxide (FTO), aluminum zinc oxide (AZO), gallium zinc oxide (GZO), indium zinc oxide (IZO), and zinc oxide (ZnO) (col. 5 lines 57-63).
Regarding claim 19, Lin discloses the sidewall surface of the first platform further passes through at least a portion of the first waveguiding layer (FIG. 1L).
Regarding claim 21, Lin discloses a laser device (10A, FIG. 1L, col. 4 lines 16-18), comprising:
a first waveguiding layer (12, FIG. 1L, col. 4 line 18);
an active layer (13, FIG. 1L, col. 4 line 19) having a quantum structure (131, FIG. 1L, col. 4 lines 36-37) over the first waveguiding layer;
a second waveguiding layer (14, FIG. 1L, col. 4 line 19) over the active layer;
a contact layer (C, FIG. 1L, col. 4 lines 19-20) over the second waveguiding layer, wherein the first waveguiding layer, the active layer, the second waveguiding layer, and the contact layer form an epitaxy structure (W, col. 4 lines 49-52), the epitaxy structure having a platform (A1, col. 5 lines 7-9), the platform having multiple holes (141, FIG. 1L, col. 5 lines 4-9) to form a photonic crystal structure (15, FIG. 1L, col. 5 lines 4-9);
an insulating layer (16, FIG. 1L, col. 4 lines 21-22) over an upper surface and a sidewall surface of the platform, wherein the insulating layer has an aperture (161, FIG. 1L, col. 5 lines 30-34) corresponding to the photonic crystal structure;
a first electrode (18, FIG. 1L, col. 4 line 22) connecting to the photonic crystal structure through the aperture of the insulating layer; and
a second electrode (19, FIG. 1L, col. 4 line 22) electrically connected to the first waveguiding layer.
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of Hoshino et al. (US PG Pub 2011/0134941 A1).
Regarding claim 5, Lin has disclosed the plurality of hole fillings outlined in the rejection to claim 1 above except a material of the hole fillings comprises aluminum oxide, silicon dioxide, silicon nitride, aluminum nitride, polymer, semiconductor, or a combination thereof. Hoshino discloses a material of the hole fillings comprises aluminum oxide, silicon dioxide, silicon nitride, aluminum nitride, polymer, semiconductor, or a combination thereof ([0102]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the air fillings of Lin with silicon dioxide or silicon nitride as taught by Hoshino in order to obtain desired reflectivity, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of Noda et al. (US PG Pub 2008/0240193 A1, 01/2125 IDS).
Regarding claim 7, Lin has disclosed the laser device outlined in the rejection to claim 1 above and further discloses a substrate (11, FIG. 1L) having an inner surface (an upper surface) and an outer surface (a lower surface), wherein the first waveguiding layer is over the inner surface of the substrate (12 is disposed on the upper surface of 11, FIG. 1L) except a second insulating layer on the outer surface of the substrate, wherein the second insulating layer has a second first aperture, the second electrode connects to the substrate through the second first aperture of the second insulating layer, wherein the second electrode has an opening corresponding to the first aperture of the first insulating layer. Noda discloses a second insulating layer (32, FIG. 4, [0027]) on the outer surface of the substrate (32 is disposed under a bottom surface of 12, FIG. 4), wherein the second insulating layer has a second first aperture (see annotated FIG. 4 below), the second electrode (40, FIG. 4, [0025]) connects to the substrate through the second first aperture of the second insulating layer (see annotated FIG. 4 below), wherein the second electrode has an opening corresponding to the first aperture of the first insulating layer (see annotated FIG. 4 below). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the laser device of Lin with the second insulating layer as taught by Noda in order to obtain desired current confinement.
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Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of JOGAN et al. (US PG Pub 2017/0070026 A1, 07/10/25 IDS) and Noda et al.
Regarding claim 8, Lin has disclosed the laser device outlined in the rejection to claim 1 above and further discloses a substrate (11, FIG. 1L) having an inner surface (an upper surface) and an outer surface (a lower surface), wherein the first waveguiding layer is over the inner surface of the substrate (12 is disposed on the upper surface of 11, FIG. 1L).
Lin does not disclose the first insulating layer further comprises a second aperture on the inner surface of the substrate, the second electrode connects to the substrate through the second aperture of the first insulating layer.
JOGAN discloses the first insulating layer (34, FIG. 1A, [0020]) further comprises a second aperture (see annotated FIG. 1A below) on the inner surface of the substrate, the second electrode (30, FIG. 1A, [0022]) connects to the substrate through the second aperture of the first insulating layer.
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first insulating layer of Lin with the second aperture as taught by JOGAN in order to configured the electrodes in a way to obtain a high electrically resistive substrate.
Lin does not disclose a second insulating layer on the outer surface of the substrate.
Noda discloses a second insulating layer (32, FIG. 4, [0027]) on the outer surface of the substrate (32 is disposed under a bottom surface of 12, FIG. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the laser device of Lin with the second insulating layer as taught by Noda in order to obtain desired current confinement.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of HIROSE et al. (US PG Pub 2018/0026419 A1) and Takeuchi (US PG Pub 2008/0056320 A1).
Regarding claim 20, Lin has disclosed the laser device outlined in the rejection to claim 1 above and further discloses the first waveguiding layer comprises a graded-index layer (G1, FIG. 1L) and a separate confinement heterostructure (S1, FIG. 1L).
Lin does not disclose the first waveguiding layer comprising a distributed Bragg reflector structure.
HIROSE discloses the first waveguiding layer comprising a distributed Bragg reflector structure (20, FIG. 50, [0201]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first waveguiding layer of Lin with the DBR structure as taught by HIROSE in order to maximize reflectance for the first waveguiding layer.
Lin does not disclose the first waveguiding layer comprising a phase matching layer.
Takeuchi discloses the first waveguiding layer comprising a phase matching layer (1072, FIG. 3B, [0049]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the first waveguiding layer of Lin with the phase matching layer as taught by Takeuchi in order to obtain desired phase matching condition.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. in view of Mochizuki et al. (US PG Pub 2006/0093008 A1).
Regarding claim 20, Lin has disclosed the laser device outlined in the rejection to claim 1 above except a metalens disposed on the first waveguiding layer or on the photonic crystal structure.
Mochizuki discloses a lens (190, FIG. 1, [0085]) disposed on a photonic crystal structure (122, FIG. 1, [0092]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the laser device of Lin with the lens disposed on the photonic crystal structure as taught by Mochizuki in order to obtain desired output characteristics.
The combination does not disclose the lens is a metalens.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the lens of the combination with a metalens in order to obtain desired focusing effect, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 13 and 16 of U.S. Patent No. 12,068,575 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because each of claims 1, 13 and 16 of the US Patent anticipates claim 21 of the present application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
LU et al. (US PG Pub 2019/0252855 A1) discloses a two-dimensional photonic crystal surface-emitting laser similar to the claimed invention (see FIG. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YUANDA ZHANG whose telephone number is (571)270-1439. The examiner can normally be reached M-F 10:30 AM - 6:30 PM.
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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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/YUANDA ZHANG/Primary Examiner, Art Unit 2828