Prosecution Insights
Last updated: August 17, 2026
Application No. 18/494,309

SURFACE-EMITTING TYPE SEMICONDUCTOR LASER, OPTICAL TRANSMISSION APPARATUS, AND MANUFACTURING METHOD OF SURFACE-EMITTING TYPE SEMICONDUCTOR LASER

Non-Final OA §102
Filed
Oct 25, 2023
Priority
Jan 25, 2023 — JP 2023-009631
Examiner
HUGHES, DEANDRA M
Art Unit
Tech Center
Assignee
Fujifilm Holdings Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
149 granted / 190 resolved
+18.4% vs TC avg
Strong +18% interview lift
Without
With
+18.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
203
Total Applications
across all art units

Statute-Specific Performance

§101
3.5%
-36.5% vs TC avg
§103
16.2%
-23.8% vs TC avg
§102
7.8%
-32.2% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 190 resolved cases

Office Action

§102
NON-FINAL REJECTION Acknowledgements 1. Claims 1-17 were presented for examination on Oct. 25, 2023. These claims are grouped as follows: claims 1-16; and claim 17. 2. The presumed effective filing date of the instant application is Oct. 25, 2023, which is the actual filing date of the instant application. Claim Rejections - 35 USC § 102 3. Claims 1-5, 9-14, and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 10,985,531 to Wang et al. published Apr. 20, 2021 (“Wang”). PNG media_image1.png 721 887 media_image1.png Greyscale As to claim 1, Wang discloses a surface-emitting type semiconductor laser (fig.1) comprising: a substrate (col.4:48); and a structure (VCSEL mesa) that includes a 1st multilayer-film reflective mirror (2nd DBR mirror) of a 1st conductivity type formed on the substrate, an active layer (quantum well structure) formed on the 1st multilayer-film reflective mirror (2nd DBR mirror, #102b), and a 2nd multilayer-film reflective mirror (DBR mirror, #102a) of a 2nd conductivity type that is formed on the active layer (quantum well structure) and includes a current confinement layer (col. 4:54-58), and that is a structure in which a shape of an aperture formed in the current confinement layer to represent a part not subjected to oxide confinement is a shape not including an axially symmetrical or point symmetrical part. PNG media_image2.png 136 596 media_image2.png Greyscale col.5:12-17. PNG media_image3.png 144 526 media_image3.png Greyscale As to claim 2, Wang discloses “the structure is a mesa structure and an external shape of the mesa structure or an arrangement of holes of the trench structure is not a circular shape” because Wang’s mesa reads on the claimed “mesa structure” and the aperture is elliptical. As to claim 3, Wang discloses “the external shape of the mesa structure or the arrangement of the holes of the trench structure includes a linear shape” because Wang’s mesa reads on the claimed “mesa structure” and Wang’s aperture is elliptical, which is linear in one-dimension. As to claim 4, Wang discloses “the shape of the aperture is a shape including a linear part and an arc part connected to both ends of the linear part, and a point most separated from the linear part among a plurality of points constituting the arc part is not on a center line that is orthogonal to a line segment representing the linear shape included in the external shape of the mesa structure or in the arrangement of the holes of the trench structure and that passes through a center of the line segment” because Wang’s aperture is elliptical. As to claim 5, Wang discloses “the shape of the aperture is a shape of a partial ellipse” because Wang’s aperture is elliptical. As to claim 9, Wang discloses “an optical transmission unit that transmits light output from the surface-emitting type semiconductor laser” because Wang’s device is for use in a VCSEL-based transmission system. See col.3:35. As to claims 10-13, Wang discloses “an optical transmission unit that transmits light output from the surface-emitting type semiconductor laser” because Wang’s device is for use in a VCSEL-based transmission system. See col.3:35. As to claim 17, this claim is rejected for the same reasons as claim 1. Allowable Subject Matter 4. Claims 6-8 and 15-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. As to claim 6, the prior art does not disclose or make obvious “the structure is a trench structure, and areas of a plurality of holes constituting the trench structure are identical to each other” in combination with the other limitations of the claims. As to claim 7-8 and 15-16, the prior art does not disclose or make obvious “the 2nd multilayer-film reflective mirror is obtained by alternately stacking a 1st film having a 1st refractive index and a 2nd film having a 2nd refractive index lower than the 1st refractive index, the current confinement layer is a selective oxidation layer, and a film thickness of the selective oxidation layer is less than a film thickness of any film that is the lesser of a film thickness of the 1st film and a film thickness of the 2nd film” in combination with the other limitations of the claims. Conclusion 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEANDRA M HUGHES whose telephone number is (571)272-6982. The examiner can normally be reached Generally M-Th 8AM-6PM. 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, Hetul Patel can be reached at 571-272-4184. 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. Signed: /DEANDRA M HUGHES/Primary Examiner, Art Unit 3992
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
May 31, 2024
Response after Non-Final Action
Aug 03, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+18.2%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 190 resolved cases by this examiner. Grant probability derived from career allowance rate.

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