Prosecution Insights
Last updated: July 17, 2026
Application No. 18/478,677

VERTICAL CAVITY SURFACE EMITTING LASER DEVICE WITH DUAL WAVELENGTH BANDS

Non-Final OA §102§103
Filed
Sep 29, 2023
Priority
Jun 27, 2023 — provisional 63/510,517
Examiner
HAGAN, SEAN P
Art Unit
Tech Center
Assignee
Lumentum Operations LLC
OA Round
1 (Non-Final)
39%
Grant Probability
At Risk
1-2
OA Rounds
5m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
238 granted / 613 resolved
-21.2% vs TC avg
Strong +30% interview lift
Without
With
+30.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
657
Total Applications
across all art units

Statute-Specific Performance

§103
97.8%
+57.8% vs TC avg
§102
1.1%
-38.9% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 613 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1 through 27 originally filed 29 September 2023. Claims 1 through 27 are addressed by this 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 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 3 through 6, 10, 11, 13, 20, 23, and 25 are rejected under 35 U.S.C. 102 as being anticipated by Ebeling (US Pub. 2003/0058911). Regarding claim 1, Ebeling discloses, "A substrate layer" (p. [0027] and Fig. 1, pt. 101). "A first distributed Bragg reflector (DBR) arranged on the substrate layer" (p. [0028] and Fig. 1, pt. 102). "Wherein the first DBR is configured with a first photonic stopband having a first frequency bandwidth" (p. [0046] and Figs. 1 and 2, pts. 102 and 201). "Wherein the first DBR comprises a first plurality of alternately stacked high-index layers and low-index layers" (p. [0028] and Fig. 1, pt. 102). "Wherein each high-index layer and each low-index layer of the first plurality of alternately stacked high-index layers and low-index layers has a respective first optical thickness based on a first wavelength" (p. [0028] and Figs. 1 and 2, pts. 102 and 201). "A second DBR arranged on the first DBR" (p. [0030] and Fig. 1, pts. 102 and 107). "Wherein the second DBR is configured with a second photonic stopband having a second frequency bandwidth that partially, but not fully, overlaps with the first frequency bandwidth" (p. [0045] and Figs. 1 and 2, pts. 102, 107, 201, and 202). "Wherein the second DBR comprises a second plurality of alternately stacked high-index layers and low-index layers" (p. [0030] and Fig. 1, pt. 107). "Wherein each high-index layer and each low-index layer of the second plurality of alternately stacked high-index layers and low-index layers has a respective second optical thickness based on a second wavelength that is different from the first wavelength" (p. [0030] and Figs. 1 and 2, pts. 107 and 202). "An active layer comprising one or more quantum wells and configured to generate a laser light at an emission wavelength" (p. [0029] and Fig. 1, pt. 104). "Wherein the active layer is arranged between the first DBR and the second DBR" (p. [0030] and Fig. 1, pts. 102, 104, and 107). "An optical output arranged over the second DBR" (p. [0036] and Fig. 1, pts. 107 and 119). "Wherein the laser light is emitted from the VCSEL device via the optical output" (p. [0036] and Fig. 1, pts. 104 and 119). Regarding claim 3, Ebeling discloses, "Wherein the active layer has a gain profile and a layer thickness configured for emitting the laser light at the emission wavelength" (p. [0030] and Fig. 1, pts. 102, 104, and 107). Regarding claim 4, Ebeling discloses, "Wherein the first photonic stopband has a first center frequency" (p. [0045] and Fig. 2, pt. 201). "Wherein the second photonic stopband has a second center frequency offset from the first center frequency" (p. [0045] and Fig. 2, pts. 201 and 202). Regarding claim 5, Ebeling discloses, "A substrate layer" (p. [0027] and Fig. 1, pt. 101). "A first distributed Bragg reflector (DBR) arranged on the substrate layer" (p. [0028] and Fig. 1, pt. 102). "Wherein the first DBR is configured with a first photonic stopband having a first frequency bandwidth" (p. [0046] and Figs. 1 and 2, pts. 102 and 201). "Wherein the first DBR comprises a first plurality of alternately stacked high-index layers and low-index layers" (p. [0028] and Fig. 1, pt. 102). "Wherein each high-index layer and each low-index layer of the first plurality of alternately stacked high-index layers and low-index layers has a respective first optical thickness based on a first wavelength" (p. [0028] and Figs. 1 and 2, pts. 102 and 201). "A second DBR arranged on the first DBR" (p. [0030] and Fig. 1, pts. 102 and 107). "Wherein the second DBR is configured with a second photonic stopband having a second frequency bandwidth that partially, but not fully, overlaps with the first frequency bandwidth" (p. [0045] and Figs. 1 and 2, pts. 102, 107, 201, and 202). "Wherein the second DBR comprises a second plurality of alternately stacked high-index layers and low-index layers" (p. [0030] and Fig. 1, pt. 107). "Wherein each high-index layer and each low-index layer of the second plurality of alternately stacked high-index layers and low-index layers has a respective second optical thickness based on a second wavelength that is different from the first wavelength" (p. [0030] and Figs. 1 and 2, pts. 107 and 202). "A third DBR arranged on the second DBR" (p. [0032] and Fig. 1, pts. 107 and 112). "Wherein the third DBR is configured with a third photonic stopband having a third frequency bandwidth that partially, but not fully, overlaps with the first frequency bandwidth and the second frequency bandwidth" (p. [0045] and Figs. 1 and 2, pts. 102, 107, 112, 201, 202, and 203, where a small overlap is depicted between bands 201 and 203 in Figure 2). "Wherein the third DBR comprises a third plurality of alternately stacked high-index layers and low-index layers" (p. [0032] and Fig. 1, pt. 112). "Wherein each high-index layer and each low-index layer of the third plurality of alternately stacked high-index layers and low-index layers has a respective third optical thickness based on a third wavelength that is different from the first wavelength and the second wavelength" (p. [0032] and Figs. 1 and 2, pts. 112 and 203). "A first active layer comprising one or more first quantum wells and configured to generate a first laser light at a first emission wavelength" (p. [0029] and Fig. 1, pt. 104). "Wherein the first active layer is arranged between the first DBR and the second DBR" (p. [0030] and Fig. 1, pts. 102, 104, and 107). "A second active layer comprising one or more second quantum wells and configured to generate a second laser light at a second emission wavelength that is different from the first emission wavelength" (p. [0033] and Fig. 1, pt. 110). "Wherein the second active layer is arranged between the second DBR and the third DBR" (p. [0032] and Fig. 1, pts. 107, 110, and 112). "A first optical output arranged over the second DBR" (p. [0036] and Fig. 1, pts. 107 and 119). "Wherein the first laser light is emitted from the dual-emission-wavelength VCSEL device via the first optical output" (p. [0036] and Fig. 1, pts. 104 and 119). "A second optical output arranged over the third DBR" (p. [0036] and Fig. 1, pts. 112 and 119, where the first and second outputs are coincident). "Wherein the second laser light is emitted from the dual-emission-wavelength VCSEL device via the second optical output" (p. [0036] and Fig. 1, pts. 110 and 119). Regarding claim 6, Ebeling discloses, "Wherein the second wavelength is between the first wavelength and the third wavelength" (p. [0045] and Fig. 2, pts. 201, 202, and 203). Regarding claim 10, Ebeling discloses, "Wherein the first active layer has a first gain profile and a first thickness configured for emitting the first laser light at the first emission wavelength" (p. [0029] and Fig. 1, pt. 104). "Wherein the second active layer has a second gain profile and a second thickness configured for emitting the second laser light at the second emission wavelength" (p. [0033] and Fig. 1, pt. 110). Regarding claim 11, Ebeling discloses, "Wherein the first photonic stopband has a first center frequency" (p. [0045] and Fig. 2, pt. 201). "Wherein the second photonic stopband has a second center frequency offset from the first center frequency" (p. [0045] and Fig. 2, pts. 201 and 202). "Wherein the third photonic stopband has a third center frequency offset from the first center frequency and the second center frequency" (p. [0045] and Fig. 2, pts. 201, 202, and 203). Regarding claim 13, Ebeling discloses, "Wherein the dual-emission-wavelength VCSEL device is a single laser chip" (p. [0027] and Fig. 1, pt. 100). Regarding claim 20, Ebeling discloses, "A substrate layer" (p. [0027] and Fig. 1, pt. 101). "A first distributed Bragg reflector (DBR) arranged on the substrate layer" (p. [0028] and Fig. 1, pt. 102). "Wherein the first DBR comprises a first plurality of alternately stacked high-index layers and low-index layers" (p. [0028] and Fig. 1, pt. 102). "Wherein each high-index layer and each low-index layer of the first plurality of alternately stacked high-index layers and low-index layers has a respective first optical thickness based on a reflection wavelength" (p. [0028] and Figs. 1 and 2, pts. 102 and 201, where the reflection band of 201 is set relative to the reflection wavelength of reflector 107). "A second DBR arranged on the first DBR" (p. [0030] and Fig. 1, pts. 102 and 107). "Wherein the second DBR comprises a second plurality of alternately stacked high-index layers and low-index layers" (p. [0030] and Fig. 1, pt. 107). "Wherein each high-index layer and each low-index layer of the second plurality of alternately stacked high-index layers and low-index layers has a respective second optical thickness based on the reflection wavelength" (p. [0030] and Figs. 1 and 2, pts. 107 and 202). "A third DBR arranged on the second DBR" (p. [0032] and Fig. 1, pts. 107 and 112). "Wherein the third DBR comprises a third plurality of alternately stacked high-index layers and low-index layers" (p. [0032] and Fig. 1, pt. 112). "Wherein each high-index layer and each low-index layer of the third plurality of alternately stacked high-index layers and low-index layers has a respective third optical thickness based on the reflection wavelength" (p. [0032] and Figs. 1 and 2, pts. 112 and 203, where the reflection band of 203 is set relative to the reflection wavelength of reflector 107). "A first active layer comprising one or more first quantum wells and configured to generate a first laser light at a first emission wavelength" (p. [0029] and Fig. 1, pt. 104). "Wherein the first active layer is arranged between the first DBR and the second DBR" (p. [0030] and Fig. 1, pts. 102, 104, and 107). "A second active layer comprising one or more second quantum wells and configured to generate a second laser light at a second emission wavelength that is different from the first emission wavelength" (p. [0033] and Fig. 1, pt. 110). "Wherein the second active layer is arranged between the second DBR and the third DBR" (p. [0032] and Fig. 1, pts. 107, 110, and 112). "A first optical output arranged over the second DBR" (p. [0036] and Fig. 1, pts. 107 and 119). "Wherein the first laser light is emitted from the dual-emission-wavelength VCSEL device via the first optical output" (p. [0036] and Fig. 1, pts. 104 and 119). "A second optical output arranged over the third DBR" (p. [0036] and Fig. 1, pts. 112 and 119, where the first and second outputs are coincident). "Wherein the second laser light is emitted from the dual-emission-wavelength VCSEL device via the second optical output" (p. [0036] and Fig. 1, pts. 110 and 119). Regarding claim 23, Ebeling discloses, "Wherein the first active layer has a first gain profile and a first layer thickness configured for emitting the first laser light at the first emission wavelength" (p. [0029] and Fig. 1, pt. 104). "Wherein the second active layer has a second gain profile configured for emitting the second laser light at the second emission wavelength" (p. [0033] and Fig. 1, pt. 110). Regarding claim 25, Ebeling discloses, "Wherein the dual-emission-wavelength VCSEL device is a single laser chip" (p. [0027] and Fig. 1, pt. 100). 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. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ebeling, in view of Fischer et al. (Fischer, US Patent 6,567,454), and further in view of Furukawa (US Pub. 2002/0094004). Regarding claim 2, Ebeling does not explicitly disclose, "A top electrical contact arranged on the second DBR." "Wherein the bottom electrical contact and the top electrical contact are configured to cause an electric current to flow between the bottom electrical contact and the top electrical contact for producing the laser light at the active layer." Fischer discloses, "A top electrical contact arranged on the second DBR" (col. 2, lines 43-49 and Fig. 1, pts. 108 and 109). "Wherein the bottom electrical contact and the top electrical contact are configured to cause an electric current to flow between the bottom electrical contact and the top electrical contact for producing the laser light at the active layer" (col. 3, lines 40-45 and Fig. 1, pts. 100, 108 and 112). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Fischer. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the additional inclusion of electrical contacts for operating the laser regions as taught by Fischer would enhance the teachings of Ebeling by providing electrical connections for operating the emission regions. The combination of Ebeling and Fischer does not explicitly disclose, "A bottom electrical contact arranged on a backside of the substrate layer." Furukawa discloses, "A bottom electrical contact arranged on a backside of the substrate layer" (p. [0047] and Fig. 3, pt. 121). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Fischer with the teachings of Furukawa. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the alternate placement of the lowest electrode on the bottom of the substrate as taught by Furukawa would enhance the teachings of Ebeling and Fischer by providing a suitable location for the lowest electrode. Claims 7 through 9, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling, in view of Fischer, in view of Furukawa, and further in view of Naone et al. (Naone, US Patent 7,020,172). Regarding claim 7, Ebeling does not explicitly disclose, "A top electrical contact arranged on the third DBR." "A middle electrical contact arranged on the second DBR." "Wherein the bottom electrical contact and the middle electrical contact are configured to cause a first electric current to flow between the bottom electrical contact and the middle electrical contact for producing the first laser light at the first active layer." "Wherein the middle electrical contact and the top electrical contact are configured to cause a second electric current to flow between the contact buffer and the top electrical contact for producing the second laser light at the second active layer." Fischer discloses, "A top electrical contact arranged on the third DBR" (col. 3, lines 2-7 and Fig. 1, pts. 101 and 102). "A middle electrical contact arranged on the second DBR" (col. 2, lines 43-49 and Fig. 1, pts. 108 and 109). "Wherein the bottom electrical contact and the middle electrical contact are configured to cause a first electric current to flow between the bottom electrical contact and the middle electrical contact for producing the first laser light at the first active layer" (col. 3, lines 40-45 and Fig. 1, pts. 100, 108 and 112). "Wherein the middle electrical contact and the top electrical contact are configured to cause a second electric current to flow between the contact buffer and the top electrical contact for producing the second laser light at the second active layer" (col. 3, lines 40-45 and Fig. 1, pts. 101, 105, and 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Fischer for the reasons provided above regarding claim 2. The combination of Ebeling and Fischer does not explicitly disclose, "A bottom electrical contact arranged on a backside of the substrate layer." Furukawa discloses, "A bottom electrical contact arranged on a backside of the substrate layer" (p. [0047] and Fig. 3, pt. 121). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Fischer with the teachings of Furukawa for the reasons provided above regarding claim 2. The combination of Ebeling, Fischer, and Furukawa does not explicitly disclose, "A contact buffer arranged on the second DBR." "Wherein a first portion of the contact buffer is arranged between the second DBR and the middle electrical contact." "Wherein the contact buffer is in electrical contact with the middle electrical contact." "Wherein a second portion of the contact buffer is arranged between the second DBR between and third DBR." Naone discloses, "A contact buffer arranged on the second DBR" (col. 19, lines 9-11 and Fig. 17, pts. 920 and 930, where layer 930 is formed above DBR 109 of Fischer when employed in that arrangement for connecting electrode 108). "Wherein a first portion of the contact buffer is arranged between the second DBR and the middle electrical contact" (col. 19, lines 9-11 and Fig. 17, pts. 920, 930, and 940). "Wherein the contact buffer is in electrical contact with the middle electrical contact" (col. 19, lines 24-26 and Fig. 17, pts. 930 and 940). "Wherein a second portion of the contact buffer is arranged between the second DBR between and third DBR" (col. 19, lines 9-11 and Fig. 17, pts. 18, 920, and 930, where layer 930 is formed between active region 105 and DBR 109 of Fischer when employed in that arrangement for connecting electrode 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling, Fischer, and Furukawa with the teachings of Naone. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors and the teachings of Fischer regarding the inclusion of an internal electrode atop a reflector, the additional inclusion of a contact layer between a reflector and the active regions as taught by Naone would enhance the teachings of Ebeling, Fischer, and Furukawa by allowing improved current flow toward the emission region of the device. Regarding claim 8, The combination of Ebeling, Fischer, and Furukawa does not explicitly disclose, "Wherein the contact buffer is made of an n-type material." Naone discloses, "Wherein the contact buffer is made of an n-type material" (col. 19, lines 9-11 and Fig. 17, pt. 930). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling, Fischer, and Furukawa with the teachings of Naone for the reasons provided above regarding claim 7. Regarding claim 9, Ebeling does not explicitly disclose, "Wherein the first electric current and the second electric current are configured to be driven independently." Fischer discloses, "Wherein the first electric current and the second electric current are configured to be driven independently" (col. 3, lines 40-45 and Fig. 1, pts. 100, 101, and 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Fischer for the reasons provided above regarding claim 2. Regarding claim 21, Ebeling does not explicitly disclose, "A top electrical contact arranged on the third DBR." "A middle electrical contact arranged on the second DBR." "Wherein the bottom electrical contact and the middle electrical contact are configured to cause a first electric current to flow between the bottom electrical contact and the middle electrical contact for producing the first laser light at the first active layer." "Wherein the middle electrical contact and the top electrical contact are configured to cause a second electric current to flow between the contact buffer and the top electrical contact for producing the second laser light at the second active layer." Fischer discloses, "A top electrical contact arranged on the third DBR" (col. 3, lines 2-7 and Fig. 1, pts. 101 and 102). "A middle electrical contact arranged on the second DBR" (col. 2, lines 43-49 and Fig. 1, pts. 108 and 109). "Wherein the bottom electrical contact and the middle electrical contact are configured to cause a first electric current to flow between the bottom electrical contact and the middle electrical contact for producing the first laser light at the first active layer" (col. 3, lines 40-45 and Fig. 1, pts. 100, 108 and 112). "Wherein the middle electrical contact and the top electrical contact are configured to cause a second electric current to flow between the contact buffer and the top electrical contact for producing the second laser light at the second active layer" (col. 3, lines 40-45 and Fig. 1, pts. 101, 105, and 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Fischer for the reasons provided above regarding claim 2. The combination of Ebeling and Fischer does not explicitly disclose, "A bottom electrical contact arranged on a backside of the substrate layer." Furukawa discloses, "A bottom electrical contact arranged on a backside of the substrate layer" (p. [0047] and Fig. 3, pt. 121). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Fischer with the teachings of Furukawa for the reasons provided above regarding claim 2. The combination of Ebeling, Fischer, and Furukawa does not explicitly disclose, "A contact buffer arranged on the second DBR." "Wherein a first portion of the contact buffer is arranged between the second DBR between and the middle electrical contact." "Wherein the contact buffer is in electrical contact with the middle electrical contact." "Wherein a second portion of the contact buffer is arranged between the second DBR between and third DBR." Naone discloses, "A contact buffer arranged on the second DBR" (col. 19, lines 9-11 and Fig. 17, pts. 920 and 930, where layer 930 is formed above DBR 109 of Fischer when employed in that arrangement for connecting electrode 108). "Wherein a first portion of the contact buffer is arranged between the second DBR between and the middle electrical contact" (col. 19, lines 9-11 and Fig. 17, pts. 920, 930, and 940). "Wherein the contact buffer is in electrical contact with the middle electrical contact" (col. 19, lines 24-26 and Fig. 17, pts. 930 and 940). "Wherein a second portion of the contact buffer is arranged between the second DBR between and third DBR" (col. 19, lines 9-11 and Fig. 17, pts. 18, 920, and 930, where layer 930 is formed between active region 105 and DBR 109 of Fischer when employed in that arrangement for connecting electrode 108). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling, Fischer, and Furukawa with the teachings of Naone for the reasons provided above regarding claim 7. Regarding claim 22, The combination of Ebeling, Fischer, and Furukawa does not explicitly disclose, "Wherein the contact buffer is made of an n-type material." Naone discloses, "Wherein the contact buffer is made of an n-type material" (col. 19, lines 9-11 and Fig. 17, pt. 930). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling, Fischer, and Furukawa with the teachings of Naone for the reasons provided above regarding claim 7. Claims 12 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling. Regarding claim 12, Ebeling discloses, "Wherein the second wavelength is between the first wavelength and the third wavelength" (p. [0045] and Fig. 2, pts. 201, 202, and 203). Ebeling does not explicitly disclose, "Wherein the second wavelength is equal to an average of the first wavelength and the third wavelength." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the relative wavelengths of the reflectors such that any given reflector has a wavelength halfway between the adjacent two wavelengths so as to provide a useful coordination of reflectors for promoting desired emission wavelengths, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 24, Ebeling does not explicitly disclose, "Wherein the reflection wavelength is equal to an average of the first emission wavelength and the second emission wavelength." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the reflection wavelength against which the emission wavelengths and outer reflectors are set such that the reflection wavelength is the average of the emission wavelengths so as to allow each emitter to experience similar reflections, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claims 14 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling, in view of Cheng et al. (Cheng, US Pub. 2004/0096996), and further in view of Huang et al. (Huang, US Pub. 2021/0104872). Regarding claim 14, Ebeling does not explicitly disclose, "A tunnel-junction layer." Cheng discloses, "A tunnel-junction layer" (p. [0110] and Fig. 14, pt. 262). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Cheng. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the additional inclusion of a tunnel junction as taught by Cheng would enhance the teachings of Ebeling by allowing the thickness of layers employing p-type doping to be reduced. The combination of Ebeling and Cheng does not explicitly disclose, "Wherein the tunnel-junction layer is arranged in the first DBR, in the second DBR, or in the third DBR." Huang discloses, "Wherein the tunnel-junction layer is arranged in the first DBR, in the second DBR, or in the third DBR" (p. [0032] and Fig. 1, pts. 40 and 60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Cheng with the teachings of Huang. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the alternate placement of the tunnel junction within a reflector as taught by Huang would enhance the teachings of Ebeling and Cheng by allowing the highly doped regions of the tunnel junction to be located away from the active region. Regarding claim 26, Ebeling does not explicitly disclose, "A tunnel-junction layer." Cheng discloses, "A tunnel-junction layer" (p. [0110] and Fig. 14, pt. 262). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Cheng for the reasons provided above regarding claim 14. The combination of Ebeling and Cheng does not explicitly disclose, "Wherein the tunnel-junction layer is arranged in the first DBR, in the second DBR, or in the third DBR." Huang discloses, "Wherein the tunnel-junction layer is arranged in the first DBR, in the second DBR, or in the third DBR" (p. [0032] and Fig. 1, pts. 40 and 60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Cheng with the teachings of Huang for the reasons provided above regarding claim 14. Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling in view of Jayaraman (US Patent 5,754,578). Regarding claim 15, Ebeling does not explicitly disclose, "A fourth DBR arranged between the first active layer and the second DBR." "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth." "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers." Jayaraman discloses, "A fourth DBR arranged between the first active layer and the second DBR" (col. 4, lines 47-57 and Fig. 4, pts. 70, 72, and 78, where reflector 72 corresponds to the fourth reflector when reflector 70 is associated with reflector 107 of Ebeling). "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth" (col. 4, lines 47-57 and Fig. 4, pt. 72). "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers" (col. 4, lines 47-57 and Fig. 4, pt. 72). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Jayaraman. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the additional inclusion of multiple reflectors internal reflectors dedicated to each emission region as taught by Jayaraman would enhance the teachings of Ebeling by allowing the reflectivity of one or more regions to be enhanced by including reflectors dedicated to those regions. The combination of Ebeling and Jayaraman does not explicitly disclose, "Wherein each high-index layer and each low-index layer of the fourth plurality of alternately stacked high-index layers and low-index layers has a respective fourth optical thickness based on the first wavelength." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the wavelength of the fourth reflector to the same wavelength as the first wavelength when employed for reflecting only the wavelength of the lower emitter so as to avoid spurious reflections from this layer, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Regarding claim 16, Ebeling does not explicitly disclose, "A fourth DBR arranged between the second DBR and the second active layer." "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth." "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers." Jayaraman discloses, "A fourth DBR arranged between the second DBR and the second active layer" (col. 4, lines 47-57 and Fig. 4, pts. 70, 72, and 81, where reflector 70 corresponds to the fourth reflector when reflector 72 is associated with reflector 107 of Ebeling). "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth" (col. 4, lines 47-57 and Fig. 4, pt. 70). "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers" (col. 4, lines 47-57 and Fig. 4, pt. 70). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Jayaraman for the reasons provided above regarding claim 15. The combination of Ebeling and Jayaraman does not explicitly disclose, "Wherein each high-index layer and each low-index layer of the fourth plurality of alternately stacked high-index layers and low-index layers has a respective fourth optical thickness based on the third wavelength." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select the wavelength of the fourth reflector to the same wavelength as the third wavelength when employed for reflecting only the wavelength of the upper emitter so as to avoid spurious reflections from this layer, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ebeling, in view of Paoli et al. (Paoli, US Patent 5,699,375), and further in view of Suzuki et al. (Suzuki, US Pub. 2017/0025820). Regarding claim 17, Ebeling does not explicitly disclose, "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth." "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers." "Wherein each high-index layer and each low-index layer of the fourth plurality of alternately stacked high-index layers and low-index layers has a respective fourth optical thickness based on the first wavelength." Paoli discloses, "Wherein the fourth DBR is configured with a fourth photonic stopband having a fourth frequency bandwidth" (col. 4, lines 45-46 and Fig. 1, pt. 122). "Wherein the fourth DBR comprises a fourth plurality of alternately stacked high-index layers and low-index layers" (col. 4, lines 45-46 and Fig. 1, pt. 122). "Wherein each high-index layer and each low-index layer of the fourth plurality of alternately stacked high-index layers and low-index layers has a respective fourth optical thickness based on the first wavelength" (col. 4, lines 45-46 and Fig. 1, pt. 122). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Paoli. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the alternate construction of the emitter such that emission regions are side by side in a stepped manner and with a reflection region over each emitter area as taught by Paoli would enhance the teachings of Ebeling by allowing undesired absorptions by the stacked active regions to be completely avoided without concern for the emission wavelength of any particular active region. The combination of Ebeling and Paoli does not explicitly disclose, "A fourth DBR arranged on the second DBR at the first optical output." Suzuki discloses, "A fourth DBR arranged on the second DBR at the first optical output" (p. [0058] and Fig. 4, pts. 16 and 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of the combination of Ebeling and Paoli with the teachings of Suzuki. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors and the teachings of Paoli regarding a laser in which emission regions are arranged side by side in a stepped manner, the alternate inclusion of both a semiconductor reflector and a dielectric reflector as taught by Suzuki would enhance the teachings of Ebeling and Paoli by allowing both the reflector of Ebeling and the reflector of Paoli to be retained in a manner that allows reduced series resistance while maintaining high reflectivity. Regarding claim 18, Ebeling discloses, "Wherein the fourth DBR comprises at least one of a dielectric DBR or a semiconductor DBR" (p. [0036] and Fig. 1, pt. 117). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ebeling in view of Suzuki. Regarding claim 19, Ebeling does not explicitly disclose, "Wherein the third DBR is a dielectric DBR or includes a dielectric DBR." Suzuki discloses, "Wherein the third DBR is a dielectric DBR or includes a dielectric DBR" (p. [0058] and Fig. 4, pts. 16 and 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Suzuki. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the alternate inclusion of both a semiconductor reflector and a dielectric reflector as taught by Suzuki would enhance the teachings of Ebeling by allowing reduced series resistance while maintaining high reflectivity in the uppermost mirror. Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Ebeling in view of Wasserbauer et al. (Wasserbauer, US Patent 6,720,585). Regarding claim 27, Ebeling discloses, "Wherein the first emission wavelength is provided in a first order stopband" (p. [0050]). Ebeling does not explicitly disclose, "Wherein the second emission wavelength is provided in a higher order stopband." Wasserbauer discloses, "Wherein the second emission wavelength is provided in a higher order stopband" (col. 8, lines 46-53 and Fig. 9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ebeling with the teachings of Wasserbauer. In view of the teachings of Ebeling regarding a laser having stacked emission regions separated by reflectors, the alternate construction of a reflector to operate at a higher order for the operational wavelength as taught by Wasserbauer would enhance the teachings of Ebeling by allowing the layers of the reflector to be made relatively thick to allow improved thermal conduction while also providing an indication of additional reflection bands that may be employed in the arrangement of Ebeling. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kambhampati et al. (Kambhampati, US Pub. 2024/0162688) is cited for teaching a laser arrangement in which one VCSEL cavity is arranged physically above layers that form another VCSEL and in which the emission regions of each VCSEL are offset from one another. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Hagan whose telephone number is (571)270-1242. The examiner can normally be reached Monday - Thursday, 8:30AM-5:00PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SEAN P HAGAN/Examiner, Art Unit 2828
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Prosecution Timeline

Sep 29, 2023
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102, §103 (current)

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