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.
Priority
This application is a national stage entry of PCT/JP2022/007833 filed on 02/25/2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/16/2023 was filed on the national stage entry date of this application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 depends from claim 14 which ultimately depends from claim 1. Claim 14 recites “the first submount comprises a first wiring layer electrically connected to the other of the p-side electrode surface or the n-side electrode surface, and the second submount includes a second wiring layer electrically connected to the one of the p-side electrode surface or the n-side electrode surface.” Claim 15 recites “a conductive member bonded to the first submount and the second submount and electrically connecting the first wiring layer and the second wiring layer.” Claim 15 is indefinite, because it is unclear how a conductive member can connect the first wiring layer and the second wiring layer if the first wiring layer is electrically connected to the other of the p-side electrode surface or the n-side electrode surface and the second wiring layer is electrically connected to the one of the p-side electrode surface or the n-side electrode surface. Such a configuration would result in a short circuit, because the conductive member would be attached to both the n and p side electrodes. The Office notes that the specification as originally filed shows two electrically separated and distinct layers as “the second wiring layer” elements 26. For the purpose of this Office Action, the Office will interpret claim 15 to mean “a conductive member bonded to the first submount and the second submount and electrically connecting the first wiring layer and a third wiring layer formed on the surface of the second submount.”
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.
Claims 1, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ohgiyama et al. (US20030123499A1), hereafter Ohgiyama, in view of Yamada (JP2021002546A), hereafter Yamada.
Regarding claim 1, Ohgiyama discloses a light source device comprising: a substrate (Fig. 68 element 14) including a support surface (See annotated Fig. 68 below); a first submount (See annotated Fig. 68 below; See also Fig. 70 element 204) including a first mounting surface facing the support surface (See annotated Fig. 68 below), and a first upper surface located on a side opposite to the first mounting surface See annotated Fig. 68 below); one or more semiconductor lasers located between the substrate and the first submount (Fig. 68 element 12); a lateral wall portion disposed on the substrate (See annotated Fig. 68 below), the lateral wall portion including a second upper surface and an inner wall surface (See annotated Fig. 68 below), the inner wall surface defining a space in which the semiconductor laser is housed (Fig. 68 element 84); a heat dissipation member disposed on the first submount (Fig. 68 element 82); and a metal member bonded to the heat dissipation member and the second upper surface and sealing the space (Fig. 68 element 16), wherein a height from the support surface to the first upper surface is different from a height from the support surface to the second upper surface (See annotated Fig. 68 below element H1 is larger than element H2), and one electrode surface or another electrode surface is directly or indirectly bonded to the support surface and the another electrode surface or the one electrode surface is bonded to the first mounting surface (Implicit; Fig. 68 shows a wirebond to element 12 that suggests to a person of ordinary skill in the art that the semiconductor laser is electrically driven. From this a person of ordinary skill in the art understands that the semiconductor laser necessarily has two electrodes. Since element 12 is bonded to element 16 via a submount both of these electrodes are bonded to the first mounting surface of the submount. Additionally, the other electrode is necessarily indirectly bonded to the support surface by the connection between element 16 and 14). Ohgiyama does not explicitly disclose the semiconductor laser is a laser diode including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface; one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface and the other of the p-side electrode surface or the n-side electrode surface is bonded to the first mounting surface. However, Yamada discloses the semiconductor laser is a laser diode (Fig. 3 element 63; [0017]) including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface (Fig. 3 elements 62 and 64; [0017]); one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface (Fig. 3 elements 62 or 64 is bonded to element 30) and the other of the p-side electrode surface or the n-side electrode surface is bonded to the first mounting surface (Fig. 3 elements 64 or 62 is bonded to element 70). An advantage is to use a well-known laser component while suppressing generation of parasitic inductance ([0007]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama with the semiconductor laser is a laser diode including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface; one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface and the other of the p-side electrode surface or the n-side electrode surface is bonded to the first mounting surface as disclosed by Yamada in order to use a well-known laser component while suppressing generation of parasitic inductance.
Regarding claim 13, Ohgiyama does not explicitly disclose a second submount including a lower surface bonded to the support surface, and a second mounting surface where the laser diode is disposed, the second mounting surface being located on an opposite side to the lower surface, wherein the laser diode is bonded to the support surface via the second submount. However, Yamada discloses a second submount including a lower surface bonded to the support surface (Fig. 3 element 48), and a second mounting surface where the laser diode is disposed (Fig. 3 element 48 where element 63 is bonded), the second mounting surface being located on an opposite side to the lower surface (Fig. 3 element 48 where element 63 is bonded), wherein the laser diode is bonded to the support surface via the second submount (Fig. 3 element 63 is bonded to element 30 via element 48). An advantage is to use a well-known laser component while suppressing generation of parasitic inductance ([0007]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama with a second submount including a lower surface bonded to the support surface, and a second mounting surface where the laser diode is disposed, the second mounting surface being located on an opposite side to the lower surface, wherein the laser diode is bonded to the support surface via the second submount as disclosed by Yamada in order to use a well-known laser component while suppressing generation of parasitic inductance.
Regarding claim 14, Yamada further discloses the first submount comprises a first wiring layer electrically connected to the other of the p-side electrode surface or the n-side electrode surface ([0020]), and the second submount includes a second wiring layer electrically connected to the one of the p-side electrode surface or the n-side electrode surface ([0019]).
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Claims 2-7, 9, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Ohgiyama in view of Yamada, as applied to claim 1, in further view of Wanner et al. (US20180103539A1), hereafter Wanner.
Regarding claim 2, Ohgiyama in view of Yamada do not explicitly disclose the metal member is a metal foil, and the metal foil includes a deformation portion. However, Wanner discloses the metal member is a metal foil ([0059]), and the metal foil includes a deformation portion ([0059]). An advantage is to allow the internal component some flexibility in height while still providing a covering for the housing ([0059]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama in view of Yamada with the metal member is a metal foil, and the metal foil includes a deformation portion as disclosed by Wanner in order to allow the internal component some flexibility in height while still providing a covering for the housing.
Regarding claim 3, Wanner further discloses the metal foil includes a first portion bonded to the heat dissipation member (Fig. 3A element 48; [0056]), a second portion bonded to the second upper surface (Fig. 3C element 32 is bonded to element 16 via element 46), and a coupling portion connecting the first portion and the second portion (Fig. 3C element 32 between element 16 and 12), and the deformation portion includes a first deformation portion located at a boundary between the first portion (Fig. 3C element 32 transitioning from the area above 12 to the area between element 16 and 12) and the coupling portion and a second deformation portion located at a boundary between the second portion and the coupling portion (Fig. 3C element 32 transitioning from the area above 16 to the area between element 16 and 12).
Regarding claim 4, Ohgiyama further discloses at least a portion of the first portion is located between the heat dissipation member and the first submount (Fig. 68 the portion between the submount and the heat sink).
Regarding claim 5, Ohgiyama further discloses the height from the support surface to the first upper surface is greater than the height from the support surface to the second upper surface (See annotated Fig. 68 above).
Regarding claim 6, Ohgiyama further discloses the heat dissipation member encloses the first submount in a top plan view as seen in a direction normal to the support surface, outer edges of the heat dissipation member surround the first submount (Fig. 68 element 82 extends outside the submount shown under 12).
Regarding claim 7, Ohgiyama further discloses a portion of the heat dissipation member overlaps a portion or an entirety of the second upper surface in the top plan view (Fig. 68 element 82 extends over where element 96 is located)
Regarding claim 9, Ohgiyama in the same embodiment does not explicitly disclose the height from the support surface to the first upper surface is less than the height from the support surface to the second upper surface. However, in a different embodiment Ohgiyama discloses the height from the support surface to the first upper surface is less than the height from the support surface to the second upper surface (See annotated Fig. 66 below). An advantage is to use a known configuration to provide packaging with the desired size based on the intended use of the device. Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama in view of Yamada in further view of Wanner with the height from the support surface to the first upper surface is less than the height from the support surface to the second upper surface as disclosed in a different embodiment of Ohgiyama in order to use a known configuration to provide packaging with the desired size based on the intended use of the device.
Regarding claim 10, Ohgiyama in view of Yamada in further view of Wanner do not explicitly disclose the first submount encloses the heat dissipation member in a top plan view as seen in a direction normal to the support surface, outer edges of the first submount surround the heat dissipation member. However, the Office takes Official Notice that optimizing the size of a heat dissipation member is well known in the art to balance competing factors such as cost, size of the device, and performance. Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama in view of Yamada in further view of Wanner with the first submount encloses the heat dissipation member in a top plan view as seen in a direction normal to the support surface, outer edges of the first submount surround the heat dissipation member, since it is known in the art to optimize the size of a heat dissipation member is well known in the art to balance competing factors such as cost, size of the device, and performance and since it has been held that changes in the relative dimensions of a device that would not perform differently is not patentably distinct from the prior art. Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 12, Wanner further discloses the metal foil includes a base material the base material is at least one selected from the group consisting of aluminum, copper, gold, Kovar, titanium, stainless steel, tungsten, beryllium copper, titanium, nickel, silver, platinum, nichrome, stainless steel, tantalum, molybdenum, and niobium or an alloy thereof ([0060]) and may contain additional elements ([0060]). Ohgiyama in view of Yamada in further view of Wanner do not explicitly disclose the metal foil includes a metal film covering the base material, and the metal film is formed of at least one selected from the group consisting of gold, platinum, titanium, nickel, chromium, palladium, and ruthenium. However, the Office takes Official Notice that plated metal foils, such as gold- or nickel-plated copper foil, are well known in the art to help improve corrosion resistance. Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama in view of Yamada in further view of Wanner with the metal foil includes a metal film covering the base material, and the metal film is formed of at least one selected from the group consisting of gold, platinum, titanium, nickel, chromium, palladium, and ruthenium as is known in the art in order to improve corrosion resistance and 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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Ohgiyama in view of Yamada, as applied to claim 14, in further view of Yamanaka et al. (US20150023376A1), hereafter Yamanaka.
Regarding claim 15, Ohgiyama in view of Yamada do not explicitly disclose a conductive member bonded to the first submount and the second submount and electrically connecting the first wiring layer and the second wiring layer. However, Yamanaka discloses a conductive member (Fig. 17 element 44) bonded to the first submount (Fig. 17 element 30) and the second submount (Fig. 17 element 20) and electrically connecting the first wiring layer (Fig. 17 element 33) and the second wiring layer (Fig. 17 element 241). An advantage is to provide a configuration that allows for a larger amount of current to be applied compared to other configurations ([0159]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify Ohgiyama in view of Yamada with a conductive member bonded to the first submount and the second submount and electrically connecting the first wiring layer and the second wiring layer as disclosed by Yamanaka in order to provide a configuration that allows for a larger amount of current to be applied compared to other configurations.
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.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,627,116 in view of Yamada.
This Application
U.S. Patent No. 12,627,116
1. A light source device comprising:
a substrate including a support surface;
a first submount including a first mounting surface facing the support surface, and a first upper surface located on a side opposite to the first mounting surface;
one or more laser diodes located between the substrate and the first submount
a lateral wall portion disposed on the substrate, the lateral wall portion including a second upper surface and an inner wall surface, the inner wall surface defining a space in which the laser diode is housed;
a heat dissipation member disposed on the first submount; and
a metal member bonded to the heat dissipation member and the second upper surface and sealing the space,
wherein a height from the support surface to the first upper surface is different from a height from the support surface to the second upper surface,
1. A light source device comprising:
a substrate having a support face;
a first submount having a mounting face bonded to an upper face of the laser diode, and an upper face located opposite the mounting face
a laser diode located in the space
a lateral wall part disposed on the substrate and having an upper face and inner wall faces, the inner wall faces defining a space;
a heat dissipating block located above the first submount
a sealing member bonded to the upper face of the lateral wall part and the upper face of the first submount, thereby sealing the space; and
a heat conducting member located between the upper face of the first submount and a lowermost face of the heat dissipating block;
wherein: a height of the upper face of the lateral wall part from the support face differs from a height of the upper face of the first submount from the support face;
the heat conducting member is in thermal contact with the first submount and the heat dissipating block; and the heat dissipating block is bonded to the upper face of the lateral wall part via the sealing member.
U.S. Patent No. 12,627,116 does not explicitly claim the sealing member is metal, the laser diode including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface; and one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface and the other of the p-side electrode surface or the n- side electrode surface is bonded to the first mounting surface.
However, Yamada discloses the sealing member is metal ([0014]); the semiconductor laser is a laser diode (Fig. 3 element 63; [0017]) including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface (Fig. 3 elements 62 and 64; [0017]); one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface (Fig. 3 elements 62 or 64 is bonded to element 30) and the other of the p-side electrode surface or the n-side electrode surface is bonded to the first mounting surface (Fig. 3 elements 64 or 62 is bonded to element 70). An advantage is to use a well-known laser component while suppressing generation of parasitic inductance ([0007]). Accordingly, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify U.S. Patent No. 12,627,116 with the semiconductor laser is a laser diode including a p-side electrode surface and an n-side electrode surface located on a side opposite to the p-side electrode surface; one of the p-side electrode surface or the n-side electrode surface is directly or indirectly bonded to the support surface and the other of the p-side electrode surface or the n-side electrode surface is bonded to the first mounting surface as disclosed by Yamada in order to use a well-known laser component while suppressing generation of parasitic inductance.
Claims 2-15 are rendered obvious by the claims 2-17 of U.S. Patent No. 12,627,116 or the evidence cited above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA KING whose telephone number is (571)270-1441. The examiner can normally be reached Monday to Friday 10am-5pm MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Min Sun 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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/Joshua King/Primary Examiner, Art Unit 2828 08/21/2026
1 As interpreted in this action, layers 23 and 24 would constitute “the second wiring layer” described in applicant’s specification. Layer 23 would be the second wiring layer of claim 14 and layer 24 would be the second (i.e. third) wiring layer
Prosecution Insights