Prosecution Insights
Last updated: July 17, 2026
Application No. 18/552,795

OPTOELECTRONIC SEMICONDUCTOR CHIP

Non-Final OA §102§103§112
Filed
Sep 27, 2023
Priority
Mar 31, 2021 — DE 102021108200.5 +1 more
Examiner
CARTER, MICHAEL W
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ams-osram AG
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
635 granted / 854 resolved
+6.4% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
884
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.1%
+46.1% vs TC avg
§102
3.8%
-36.2% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 854 resolved cases

Office Action

§102 §103 §112
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 . 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. 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. Claim 8 recites the limitation "the first coating" in line 8. There is insufficient antecedent basis for this limitation in the claim. However, claim 7 would provide antecedent basis. For purposes of examination, claim 8 is assumed to depend from claim 7. 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)(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 1-2 , 9, and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2010/0117111 (Illek). For claim 1, Illek teaches an optoelectronic semiconductor chip (fig. 1A-1E) comprising: a semiconductor layer sequence (fig. 1C, 2 made of 4, 5 and 6; [0084]) in which an active zone configured for generating radiation is located (fig. 1C, 4; [0084]); a first electrode (fig. 1C, 7; [0096]) and a second electrode (fig. 1C, 8; [0096]) with which the semiconductor layer sequence is electrically contacted (fig. 1C); and a filling (fig. 1C and ; 8 and 10 within recess 11), wherein in a region of the active zone (fig. 1E, 4), the semiconductor layer sequence (fig. 1E, 4, 5, and 6) comprises an oblique facet (fig. 1E, oblique facet of 4,5, and 6) which is configured for beam deflection of the radiation ([0155]), and the first electrode (fig. 1A-1E, 7) and the second electrode (fig. 1A-1E, 8) being located on a same mounting side of the semiconductor layer sequence (fig. 1A-1E; top side of layer sequence 2 including layers 4, 5, and 6 opposite carrier 3) as the oblique facet (fig. 1E shows oblique facet on top side along with electrode 8) and the mounting side is a main side of the semiconductor layer sequence (fig. 1A-1E; top side of layer sequence 2), and decoupling of the radiation ([0088]; radiation passes from active region, part of layer sequence 2, into carrier 3) out of the semiconductor layer sequence (fig. 1A-1E, layer sequence 2) takes place on an emission side of the semiconductor layer sequence (fig. 1A-1E, bottom of layer sequence 2 including layers 4, 5, and 6 in contact with carrier 3) which is opposite the mounting side (fig. 1A-1E; top side of 2), the second electrode (fig. 1A-1E, 8) electrically contacts the semiconductor layer sequence (fig. 1A-1E, 2) in a cut-out (fig. 1A-1E, 12 in recess 11; [0111]) and the first electrode (fig. 1A-1E, 7) is attached to the semiconductor layer sequence (fig. 1A-1E, 2) outside the cut-out (fig. 1B-1C, outside recess 11), the second electrode is configured as a planarization (fig. 1B-1C; [0040]), so that the second electrode (fig. 1B-1C; 8) has a greater thickness than the first electrode (fig. 1B-1C; 7) and the first electrode (fig. 1A-1E, 7) and the second electrode (fig. 1A-1E, 8) form a common electrical contacting plane on sides facing away from the semiconductor layer sequence (fig. 1B and 1C; [0040]), and the filling (fig. 1A-1E; 8 and 10 within recess 11) fills the cut-out at the oblique facet (fig. 1A-1E; recess 11) and is made of a material reflective for the radiation ([0155]). For claim 2, Illek teaches the semiconductor layer sequence (2 including layers 4-6) is of the material system AlInGaN ([0089] and [0091]), and wherein, along a growth direction of the semiconductor layer sequence (fig. 1C and 1E, vertical direction2), the oblique facet (fig. 1E, facet to right of 12) is located between the first electrode (fig. 1C, 7; fig. 1C shows the facet left of electrode 7) and the second electrode (fig. 1C, 8; fig 1C and 1E show the facet to the right of electrode 8). For claim 9, Illek teaches the filling comprises or consists of one or more of the following materials: aluminum, silver, gold ([0100]-[0101]). For claim 15, Illek teaches the semiconductor layer sequence is structured into a plurality of the emission units, wherein the emission units being adjacent to each other as seen in plan view on the emission side (fig. 3A, [0165]). For claim 16, Illek teaches an optoelectronic semiconductor chip (fig. 1A-1E) comprising: a semiconductor layer sequence (fig. 1C, 2 made of 4, 5 and 6; [0084]) in which an active zone configured for generating radiation is located (fig. 1C, 4; [0084]); a first electrode (fig. 1C, 7; [0096]) and a second electrode (fig. 1C, 8; [0096]) with which the semiconductor layer sequence is electrically contacted (fig. 1C); and in a region of the active zone (fig. 1E, 4), the semiconductor layer sequence (fig. 1E, 4, 5, and 6) comprises an oblique facet (fig. 1E, oblique facet of 4,5, and 6) which is configured for beam deflection of the radiation ([0155]), and the first electrode (fig. 1A-1E, 7) and the second electrode (fig. 1A-1E, 8) being located on a same mounting side of the semiconductor layer sequence (fig. 1A-1E; top side of layer sequence 2 including layers 4, 5, and 6 opposite carrier 3) as the oblique facet (fig. 1E shows oblique facet on top side along with electrode 8) and the mounting side is a main side of the semiconductor layer sequence (fig. 1A-1E; top side of layer sequence 2), and decoupling of the radiation ([0088]; radiation passes from active region, part of layer sequence 2, into carrier 3) out of the semiconductor layer sequence (fig. 1A-1E, layer sequence 2) takes place on an emission side of the semiconductor layer sequence (fig. 1A-1E, bottom of layer sequence 2 including layers 4, 5, and 6 in contact with carrier 3) which is opposite the mounting side (fig. 1A-1E; top side of 2), 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. Claims 1, 3-7, 10-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097519 (Brick) in view of US 2010/0117111 (IIlek). For claim 1, Brick teaches an optoelectronic semiconductor chip (figs. 1-12) comprising: a semiconductor layer sequence (fig. 1-12, semiconductor body 4; [0054], and 42; [0074]) in which an active zone configured for generating radiation is located (fig. 1-12, 10; [0056]); a first electrode (fig. 1-12, 18; [0055]) and a second electrode (fig. 1-12, 16; [0055]) with which the semiconductor layer sequence is electrically contacted (fig. 1-12; [0055]); and in a region of the active zone (fig. 1-12, 10), the semiconductor layer sequence comprises an oblique facet which is configured for beam deflection of the radiation (fig. 1-12, 26 or 28), and the first electrode (fig. 1-12, 18) being located on a same mounting side of the semiconductor layer sequence as the oblique facet (fig. 1, 3-12, the mounting side is the bottom side), and decoupling of the radiation (fig. 1-12, 24) out of the semiconductor layer sequence takes place on an emission side of the semiconductor layer sequence (figs. 1, 3-4, 6-12, emission side is top surface of 6; fig. 5, top surface of 34) which is opposite the mounting side (fig. 1, 3-12, the mounting side is the bottom side), and a cutout (figs. 1-12, triangular cut outs left of 26 and right of 28). Brick does not teach : a filling; the second electrode on the mounting side with the first electrode; the second electrode electrically contacts the semiconductor layer sequence in a cut-out and the first electrode is attached to the semiconductor layer sequence outside the cut-out, the second electrode is configured as a planarization, so that the second electrode has a greater thickness than the first electrode and the first electrode and the second electrode form a common electrical contacting plane on sides facing away from the semiconductor layer sequence, and the filling fills the cut-out at the oblique facet and is made of a material reflective for the radiation. However, Ille teaches a optoelectronic device similar to Brick’s (fig. 1C and 1E); where the device includes: a filling (fig. 1C and 1E; 8 and 10 within recess 11; note the filling may be considered the whole portion of 8 and 10 in recess 11 or only a portion thereof, for example the portion directly above the right slopped facet in fig. 1E below the top surface layer 5); the second electrode (fig. 1C and 1E, 8) on the mounting side (fig. 1C and 1E; top side of layer sequence 2 including layers 4, 5, and 6 opposite carrier 3) with the first electrode (fig. 1C, 7); the second electrode (fig. 1C and 1E, 8) electrically contacts the semiconductor layer sequence (fig. 1C and 1E, 2) in a cut-out (fig. 1C and 1E, 12 in recess 11; [0111]) and the first electrode (fig. 1C, 7) is attached to the semiconductor layer sequence (fig. 1C, 2) outside the cut-out (fig. 1C, outside recess 11), the second electrode is configured as a planarization (fig. 1C; [0040]), so that the second electrode (fig. 1C; 8) has a greater thickness than the first electrode (fig. C; 7) and the first electrode (fig. 1C, 7) and the second electrode (fig. 1C, 8) form a common electrical contacting plane on sides facing away from the semiconductor layer sequence (fig. 1C; [0040]), and the filling (fig. 1C and 1E; 8 and 10 within recess 11) fills the cut-out at the oblique facet (fig. 1C and 1E; recess 11) and is made of a material reflective for the radiation ([0155]) in order to provide connecting faces easy to connect to an external connection structures ([0127]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the configuration of the second electrode and filler of Illek as a simple substitution for the second electrode configuration of Brick as the substituted components and their functions were known in the art and the substitution would have yielded predictable results. In the present case, the substituted component provides an alternative configuration for connecting the second electrode with the additional advantage of providing connecting faces easy to connect to an external connection structures. See MPEP 2143 I.B. For claim 3, Brick further teaches the semiconductor chip is a semiconductor laser (abstract), wherein the oblique facet (fig. 1-12, 26 or 28) is a reflection mirror ([0057]) within a resonator for the radiation (the resonator ends are the top of semiconductor body 4, potentially modified by active layers, at the surface interface 12 [0067]-[0068]). For claim 4, Brick further teaches the semiconductor layer sequence comprises a first Bragg mirror, wherein the first Bragg mirror being located within the semiconductor layer sequence between the oblique facet and the emission side (fig. 9 and 10 show a first Bragg mirror 42 between oblique facet 28 and emission side 12). For claim 5, Brick further teaches a second Bragg mirror (52), which is a resonator end mirror for the radiation (fig. 10, 42 to the right of 24 is a second Bragg mirror while 42 to the left of 24 may be considered a first Bragg mirror), is applied in places to the semiconductor layer sequence on the emission side (fig. 10, top side). For claim 6, Illek teaches the second electrode (fig. 1E, 8), as seen in plan view of the mounting side, extends adjacent to and along the active region between the angled sides of the recess (fig. 1E, 4) corresponding to the active region in the resonator of Brick resonator (fig. 10, 10). For claim 7, Brick teaches the facet configuration is for total reflection. Illek in the combination teaches a first coating on the at least one oblique facet, wherein the first coating comprises a low refractive index material compared to the semiconductor layer sequence and is configured for reflection of radiation (fig. 1C, 10; [0112] and [0089]; SiO2 index < nitride index; [0155]). For claim 10, Brick teaches a second coating (62) which is an anti-reflective coating for the radiation, wherein the second coating covers the emission side in places or completely (fig. 5, 34; [0068]). For claim 11, Brick teaches outcoupling optics at the emission side, wherein the outcoupling optics is arranged above the oblique facet as seen in plan view of the emission side, and wherein the outcoupling optics comprises a prism, a refractive lens, a metal lens and/or an optical grating (fig. 7-8, 40). For claim 13, Brick teaches an emission unit which includes a resonator for the radiation (the resonator ends are the top of semiconductor body 4, potentially modified by active layers, at the surface interface 12 [0067]-[0068]), wherein the emission unit comprises exactly the oblique facet (fig. 1-12, 26) and one further oblique facet (fig. 1-12, 28) for deflecting the radiation (20 to 22; [0057]). Brick does not teach a plurality of the emission units each including a resonator for the radiation. However, Illek teaches the semiconductor layer sequence is structured into a plurality of the emission units, wherein the emission units being adjacent to each other as seen in plan view on the emission side (fig. 3A, [0165]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form a plurality of the emission unit which includes a resonator for the radiation of Brick in order to manufacture multiple components as taught by Illek. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable US 2010/0117111 (IIlek). For claim 7, Illek teaches a first coating on the at least one oblique facet, wherein the first coating comprises a low refractive index material compared to the semiconductor layer sequence and is configured for reflection of radiation (fig. 1C, 10; [0112] and [0089]; SiO2 index < nitride index; [0155]). While Illek teaches the first coating is configured for reflection of radiation Illek does not teach the configuration is for total reflection. However, incident angle was a known results effective variable before the effective filing date of the claimed invention. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to determine suitable and optimal angles for the oblique facet and first coating including angles which allow for total reflection in order to control the incident angle and maximize the reflectivity and control the reflection angle since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over US 2009/0097519 (Brick) in view of US 2010/0117111 (IIlek) and US 2005/0083982 (Behfar). For claim 14, Brick teaches an emission unit includes a resonator for radiation (the resonator ends are the top of semiconductor body 4, potentially modified by active layers, at the surface interface 12 [0067]-[0068]). Illek further teaches a plurality of emission units (fig. 3) in order to manufacture multiple components ([0165]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form a plurality of the emission units of the previous combination as taught by Illek in order to manufacture multiple components. Brick does not teach the emission unit comprises exactly one oblique facet for deflecting the radiation and exactly one facet oriented perpendicular to the at least one active zone for directionally maintaining reflection of the radiation. However, Behfar teaches an emission unit may comprise two oblique facets (fig. 6, 82 and 84) or alternatively comprises exactly one oblique facet for deflecting the radiation (fig. 5, angled facet under stack 70) and exactly one facet oriented perpendicular (fig. 5, facet at end 28) to the at least one active zone for directionally maintaining reflection of the radiation (fig. 5, active zone 20; see fig. 2 for label) the configuration has the added benefit of single mode behavior ([0040]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the facet configuration of Behfar fig. 5 as a simple substitution for the Configuration of Brick with two oblique facets as the substituted components and their functions were known in the art and the substitution would have yielded predictable results. In the present case, the substituted component provides an alternative cavity configuration with the additional benefit of single mode behavior. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable US 2010/0117111 (IIlek) in view of US 2013/0146841 (Yun). For claim 12, Illek teaches the emitter may be configured as a “top looker” ([0161]). Illek does not teach a wavelength conversion element on the emission side, wherein the wavelength conversion element is arranged above the at least one oblique facet as seen in a plan view of the emission side, and wherein the wavelength conversion element is configured to change a wavelength of the radiation. However, Yun teaches a wavelength conversion element (fig. 2, 160 with phosphors 162 and 164) on the emission side above the emitter (fig. 2, 150), and wherein the wavelength conversion element is configured to change a wavelength of the radiation in order to generate white light ([0071]). 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 wavelength conversion element of Yun with the device of Illek such that the wavelength conversion element is arranged above the at least one oblique facet as seen in a plan view of the emission side in order to generate white light. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael W Carter whose telephone number is (571)270-1872. The examiner can normally be reached M-F, 9:00-5:30. 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. /Michael Carter/ Primary Examiner, Art Unit 2828
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Prosecution Timeline

Sep 27, 2023
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
90%
With Interview (+15.6%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 854 resolved cases by this examiner. Grant probability derived from career allowance rate.

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