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 .
Detailed Action
This office action is in response to applicant’s communication filed on 12/18/23. Claims 1-24 are pending in this application.
Claim Rejections Under 35 U.S.C. §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)(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.
(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, 5, 7-13, 16-24 are rejected under 35 U.S.C. §102(a)(1)(2) as being unpatentable over Peng (US2021018767A1).
Regarding claim 1, Peng discloses (see Figs. 1A and 1B) an optoelectronic device, comprising:
a substrate (CMOS substrate 102); an optical waveguide (comprising distributed Bragg reflectors [DBR] 112 and 116 and barium titanate [BTO] layer 114) disposed on the substrate (see paragraph [0068] "DBR waveguides 112 and 116 layers" and see Figs. 1A and 1B);
a pair of Bragg reflectors (DBR 112 and 116) formed in the optical waveguide to define a resonant cavity (optical cavity) between the Bragg reflectors (see paragraph [0065]);
a piezoelectric material (BTO layer 114) disposed on the substrate in proximity to the optical waveguide; and electrodes (120) configured to apply an electric field to the piezoelectric material so as to tune a wavelength of light emitted from the resonant cavity.1 (see paragraph [0066]).
Regarding claim 4, Peng and Jelezko disclose the device according to claim 1, wherein the piezoelectric material is configured as a membrane, which extends across the resonant cavity. Peng discloses that the piezoelectric material is configured as a membrane ("thin film of ferroelectric BTO"- see paragraph [0062]), which extends across the resonant cavity (see Figs. 1A and 9B and see paragraph [0065] "includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity. The BTO layer 114 has a thickness of one wavelength and is sandwiched between two distributed Bragg reflectors (DBRs)").
Regarding claim 5, Peng discloses the device according to claim 4, wherein the piezoelectric material comprises a ferroelectric perovskite. Peng discloses that the piezoelectric material comprises a ferroelectric perovskite ("barium titanate"- see paragraph [0006]).
Regarding claim 7, Peng discloses the device according to claim 1, wherein the piezoelectric material is embedded in the optical waveguide. Peng discloses that the piezoelectric material is embedded in the optical waveguide (see paragraph [0065] " includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity. The BTO layer 114 has a thickness of one wavelength and is sandwiched between two distributed Bragg reflectors (DBRs)"; and see paragraph [0068] "DBR waveguides 112 and 116 layers").
Regarding claim 8, Peng discloses the device according to claim 7, wherein the piezoelectric material is embedded within the cavity. Peng discloses that the piezoelectric material is embedded within the cavity (see paragraph [0065] "includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity).
Regarding claim 9, Peng discloses the device according to claim 7, wherein the piezoelectric material is interleaved within at least one of the Bragg reflectors (see para [0011] disclosing Bragg reflector).
Regarding claim 10, Peng discloses the device according to claim 7, wherein the piezoelectric material and the optical waveguide comprise crystalline materials (see para [0012] disclosing crystalline material).
Regarding claim 11, Peng discloses the device according to claim 10, wherein the piezoelectric material comprises a ferroelectric perovskite (see para [0062] disclosing BTO).
Regarding claim 12, Peng discloses the device according to claim 11, wherein the optical waveguide comprises diamond, and the piezoelectric material comprises barium titanate (BTO) (see para [0062] disclosing BTO).
Regarding claim 13, Peng discloses (see Figs. 1A and 1B) forming an optoelectronic device, comprising:
forming a substrate (CMOS substrate 102); forming an optical waveguide (comprising distributed Bragg reflectors [DBR] 112 and 116 and barium titanate [BTO] layer 114) disposed on the substrate (see paragraph [0068] "DBR waveguides 112 and 116 layers" and see Figs. 1A and 1B);
forming a pair of Bragg reflectors (DBR 112 and 116) formed in the optical waveguide to define a resonant cavity (optical cavity) between the Bragg reflectors (see paragraph [0065]);
depositing a piezoelectric material (BTO layer 114) disposed on the substrate in proximity to the optical waveguide; and
applying an electric field to the piezoelectric material so as to tune a wavelength of light emitted from the resonant cavity.2 (see paragraph [0066]).
Regarding claim 16, peng discloses the method according to claim 13, wherein depositing the piezoelectric material comprises forming a membrane, which extends across the resonant cavity. Peng discloses that the piezoelectric material is configured as a membrane ("thin film of ferroelectric BTO"- see paragraph [0062]), which extends across the resonant cavity (see Figs. 1A and 9B and see paragraph [0065] "includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity. The BTO layer 114 has a thickness of one wavelength and is sandwiched between two distributed Bragg reflectors (DBRs)").
Regarding claim 17, Peng discloses he method according to claim 16, wherein the piezoelectric material comprises a ferroelectric perovskite (see Para [0062] disclosing BTO).
Regarding claim 18, Peng discloses the method according to claim 17, wherein the optical waveguide comprises diamond, and the piezoelectric material comprises barium titanate (BTO) (see Para [0062] disclosing BTO).
Regarding claim 19, Peng discloses the method according to claim 13, wherein depositing the piezoelectric material comprises embedding the piezoelectric material in the optical waveguide. Peng discloses that the piezoelectric material is embedded in the optical waveguide (see paragraph [0065] " includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity. The BTO layer 114 has a thickness of one wavelength and is sandwiched between two distributed Bragg reflectors (DBRs)"; and see paragraph [0068] "DBR waveguides 112 and 116 layers").
Regarding claim 20, Peng discloses the method according to claim 19, wherein embedding the piezoelectric material comprises depositing the piezoelectric material within the cavity. discloses that the piezoelectric material is embedded within the cavity (see paragraph [0065] " includes a layer of electro-optic (EO) material 114 --here, BTO --embedded inside an optical cavity).
Regarding claim 21, Peng discloses the method according to claim 19, wherein embedding the piezoelectric material comprises interleaving the piezoelectric material within at least one of the Bragg reflectors (see para [0011] disclosing Bragg reflector).
Regarding claim 22, Peng discloses the method according to claim 19, wherein the piezoelectric material and the optical waveguide comprise crystalline materials (see para [0069] and [0085]).
Regarding claim 23, Peng discloses the method according to claim 22, wherein the piezoelectric material comprises a ferroelectric perovskite (see par a[0062]).
Regarding claim 24, Peng discloses the method according to 23, wherein the optical waveguide comprises diamond, and the piezoelectric material comprises barium titanate (BTO) (see para [0063] disclosing BTO).
Claim Rejections Under 35 U.S.C. §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.
Claims 2, 3, 6, 14, and 15 are rejected under 35 U.S.C. §103 as being unpatentable over Peng and further in view of Jelezko (US 20170045591 A1).
Regarding claim 2, Peng discloses the device according to claim 1, and discloses a photonic crystalline layer in paras [0017] and [0055] but does not disclose wherein the optical waveguide comprises a crystalline material containing a crystal defect, and wherein application of the electric field to the piezoelectric material tunes the wavelength of the light emitted from the crystal defect due to a phonon strain modification.
However, Jelezko is directed towards piezo electric devices and discloses a photonic crystal layer in paragraphs [0017] and [0055]. Peng also discloses defects which are not crystal defects in Fig. 14A. Peng fails to disclose crystal defects. However, Jelezko discloses an optical waveguide (between color center 15 and photo detectors 18 in Fig. 4a- see also paragraph [0076]) which comprises a crystalline material (diamond substrate layer 9) containing a crystal defect (color center 15), and wherein application of an electric field to a piezoelectric material (piezoelectric primary element layer 11, piezoelectric secondary element island 12, such as barium titanate- see paragraphs [0035], [0043], [0076] and [0081]) tunes the wavelength of the light emitted from the crystal defect due to a phonon strain modification (see paragraph [0031] "the piezomagnetic or piezoelectric primary element(s) is/are arranged to interact with the color center of the substrate(s) magnetically or electrically. In other words, a magnetic or electric field generated by the primary element or a change in such electric or magnetic field influences the color center in a detectable manner"; see paragraph [0080] "The response of the piezoelectric layer 11, which has a large piezoelectric constant, to a force or pressure leads to the change of the charge distribution within the piezoelectric material and in turn to a change in the stray electric field that affects the energies of the ground spin levels of NV centers"; and see paragraph [0081] "An internal mechanical strain in the piezoelectric element island 12 is generated from an applied electrical field. The electric-field-induced strain generates a force which is transduced to the piezomagnetic element layer 10 generates a magnetic field, and is detected in the diamond substrate's 9 NV centres 15").
Regarding claim 3, Peng and Jelezko disclose the device according to claim 2, wherein the crystalline material comprises diamond, and wherein the crystal defect comprises a nitrogen vacancy (NV) defect (see para [0081] disclosing nitrogen vacancies, see also Jelezko disclosing in para [0076] NV).
Regarding claim 6, Peng discloses the device according to claim 5, wherein the optical waveguide comprises diamond, and the piezoelectric material comprises barium titanate (BTO). Jelezko discloses that the optical waveguide (between color center 15 and photo detectors 18 in Fig. 4a- see also paragraph [0076]) comprises diamond (diamond substrate layer 9- see Fig. 4a), and the piezoelectric material (piezoelectric layer 11, piezoelectric island 12) comprises barium titanate (BTO) (see paragraphs [0035] and [0043]).
Peng and Jelezko each relate to barium titanate and electrical fields. In view of Jelezko, it would have been obvious to a person skilled in the art at a time prior to the effective filing date of the present application to modify Peng to utilize crystal defects in order to expand the applications for the device of Peng to include applications involving crystal defects.
Regarding claim 14, Peng discloses the method according to claim 13, wherein the optical waveguide comprises a crystalline material containing a crystal defect, and wherein applying the electric field comprises tuning the wavelength of the light emitted from the crystal defect using a phonon strain modification. Peng discloses a photonic crystal layer in paragraphs [0017] and [0055]. PENG also discloses defects which are not crystal defects in Fig. 14A. PENG fails to disclose crystal defects. However, Jelezko discloses an optical waveguide (between color center 15 and photo detectors 18 in Fig. 4a- see also paragraph [0076]) which comprises a crystalline material (diamond substrate layer 9) containing a crystal defect (color center 15), and wherein application of an electric field to a piezoelectric material (piezoelectric primary element layer 11, piezoelectric secondary element island 12, such as barium titanate- see paragraphs [0035], [0043], [0076] and [0081]) tunes the wavelength of the light emitted from the crystal defect due to a phonon strain modification (see paragraph [0031] "the piezomagnetic or piezoelectric primary element(s) is/are arranged to interact with the color center(s) of the substrate(s) magnetically or electrically. In other words, a magnetic or electric field generated by the primary element or a change in such electric or magnetic field influences the color center in a detectable manner"; see paragraph [0080] "The response of the piezoelectric layer 11, which has a large piezoelectric constant, to a force or pressure leads to the change of the charge distribution within the piezoelectric material and in turn to a change in the stray electric field that affects the energies of the ground spin levels of NV centers"; and see paragraph [0081] "An internal mechanical strain in the piezoelectric element island 12 is generated from an applied electrical field. The electric-field-induced strain generates a force which is transduced to the piezomagnetic element layer 10 generates a magnetic field, and is detected in the diamond substrate's 9 NV centers 15").
Peng and Jelezko each relate to barium titanate and electrical fields. In view of Jelezko, it would have been obvious to a person skilled in the art at a time prior to the effective filing date of the present application to modify Peng to utilize crystal defects in order to expand the applications for the device of Peng to include applications involving crystal defects.
Regarding claim 15, Peng and Jelezko disclose the method according to claim 14, wherein the crystalline material comprises diamond, and wherein the crystal defect comprises a nitrogen vacancy (NV) defect (see para [0081]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD CHIN whose telephone number is (571)270-1827. The examiner can normally be reached M-F 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Britt Hanley can be reached at (571) 270-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD CHIN/Primary Examiner, Art Unit 2893
1 Peng, at para [0066] discloses "A pair of transparent conductive oxide electrodes 120 on the two opposite sides of the vertical microcavity, using materials such as indium tin oxide (ITO), form a parallel plate capacitor that generates a horizontally oriented electric field (E field) 125 across the BTO layer when a voltage is applied to the electrodes 120 by a voltage source 124. (Put differently, the E field is orthogonal to the pixel's optical axis.) This E field 125 changes the refractive index n of the electro-optic material 114, which in turn shifts the resonant wavelength of the optical cavity, changing the phase of the light 101 reflected by the microcavity pixel 110").
2 Ibid.
Prosecution Insights