CTNF 18/560,534 CTNF 77455 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 The priority has been considered by the examiner. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The references cited in the Information Disclosure Statement (IDS) submitted on November 13, 2023 and January 17, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered and accepted by the examiner. Drawings The drawing submitted on November 13, 2023, has been considered and accepted by the examiner. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 3, 5 – 7 and 11 are 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. With regard claims 3, 7 and 11, the phrase limitation “ similar to ” is considered indefinite. Is not clear what is limited to? For purpose of examination, the examiner interpreted as "it has at least parts with similar shapes, or some overlapping parts where the overlapping parts will have similar shapes." Claim 5 recites the limitation " a lens " in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 5 depends on claim 4, which claims “a lens.” It is unclear how many lenses the device has. Are they a different lens or the same lens claimed in claim 4? For the purposes of the examination, the examiner interpreted “a lens” as “the lens.” Claim 6 recites the limitation " a lens " in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 6 depends on claim 4, which claims “a lens.” It is unclear how many lenses the device has. Are they a different lens or the same lens claimed in claim 4? For the purposes of the examination, the examiner interpreted “a lens” as “the lens.” Claims 12 – 17 depend on claim 1, are rejected since they inherit the indefiniteness of the claims on which they depend. Appropriated Correction is required . Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 11 and 14 – 16 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Sato et al. (PCT/JP2018/015716 associated with WO2018221042, the examiner use the US 2020/0112141, which is an equivalent of PCT/JP2018/015716 associated with WO2018221042) . PNG media_image1.png 243 428 media_image1.png Greyscale PNG media_image2.png 292 396 media_image2.png Greyscale Regarding 11 , Sato disclose a light-emitting device (see Annotation Figure 1 and Figure 2, character 1), comprising: a substrate (see Annotation Figure 1, character 11, Abstract and paragraphs [0037, 0039 and 0045 – 0046]) having a first main surface (see Annotation Figure 1, character 11a’) and a second main surface (see Annotation Figure 1, character 11b’) on a side opposite to the first main surface (see Annotation Figure 1, character 11a’); a light-blocking structure (see Annotation Figure 1, characters 13A, 13B, 14, 15, 16 and 17, Abstract, paragraphs [0037 – 0038 and 0041 – 0043], the reference called “electrode layer”, “electrode pads” and “DRB layer)) that is a structure opaque to an exposure wavelength on a side of the first main surface (see Annotation Figure 1, character 11a’) of the substrate (see Annotation Figure 1); and a lens structure (see Annotation Figure 1, characters 11A and 11B, Abstract, paragraphs [0045 – 0047] and the reference called “first convex portion and “second convex portion”) that is formed on a side of the second main surface (see Annotation Figure 1, character 11b’) of the substrate (see Annotation Figure 1, character 1), the lens structure (see Annotation Figure 1, characters 11A and 11B) having a shape in which an outer shape (see Annotation Figure 1) of the lens structure (see Annotation Figure 1, characters 11A and 11B) as viewed from a direction perpendicular (see Figure 2) to the first main surface (see Annotation Figure 1, character 11a’) is similar to an outer shape (see Annotation Figure 1) of the light-blocking structure as viewed from the direction perpendicular to the first main surface (Figure 2 shows that some parts of the lens structure and the outer shape of the light blocking structure have the same shape (e.g., 11A and 13A have circular shapes), while other areas do not have the same shape, but some overlap, and these overlapping areas have similar shapes (e.g., 13B and part of 17, part of 11B and 17, and/or 15)) and a center of gravity (see Annotation Figure 1 and Figure 2) of the lens structure (see Annotation Figure 1, characters 11A and 11B) as viewed from the direction perpendicular (see Figure 2) to the first main surface (see Annotation Figure 1, character 11a’) matches a center of gravity of the light-blocking structure (see Annotation Figure 1, characters 14, 15. 16 and 17) as viewed from the direction perpendicular (see Figure 2) to the first main surface (see Annotation Figure 1, character 11a’). Regarding 14 , Sato disclose the substrate (see Annotation Figure 1, character 1) is formed of GaN, GaAs, or InP (see paragraph [0039], the substrate is a GaN substrate). Regarding 15 , Sato disclose the light-blocking structure (see Annotation Figure 1, characters 14, 15. 16 and 17) is formed of one or both of a metal and a multilayer light-reflecting film. Regarding 16 , Sato disclose the lens structure (see Annotation Figure 1, characters 11A and 11B) is formed of the same material as a material of the substrate (see Annotation Figure 1, character 1, Abstract and paragraphs [0007 – 0008 and 0045 – 0046], In Figure 1, shown the optically transparent substrate (1) has a first convex portion (11A) having a convex-curved shape and one or more second convex portions (11B) on a surface on the side opposite to the laminate (12). These features are implicitly taught the lens structure (see Annotation Figure 1, characters 11A and 11B) is formed of the same material as a material of the substrate as is claimed) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tomita et al. (US 6,723,474) in view of Joseph (US 10630053) . PNG media_image3.png 164 264 media_image3.png Greyscale PNG media_image4.png 172 278 media_image4.png Greyscale Regarding claim 1, Tomita disclose a method of producing a light-emitting device, comprising: forming a light-blocking structure (see Annotation Figure 2A and 2B, character 25, column 3, lines 8 – 16, the reference called “light shielding film (light transmission reducing film)) that is a structure opaque to an exposure wavelength on a side of a first main surface (see Annotation Figures 2A and 2B, character 23a) of a substrate (see Annotation Figures 2A and 2B, character 23 and column 3, line 11, the reference called “mask substrate”) having the first main surface (see Annotation Figures 2A and 2B, character 23a) and a second main surface (see Annotation Figures 2A and 2B, character 23b) on a side opposite to the first main surface (see Annotation Figures 2A and 2B, character 23a); forming a photosensitive layer (see Annotation Figures 2A and 2B, character 27, column 3, lines 21 – 24, the reference called “resist layer (photosensitive material layer)) that is formed of a photosensitive material (see Annotation Figures 2A and 2B, character 27) on a side of the second main surface (see Annotation Figures 2A and 2B, character 23b) of the substrate (see Annotation Figures 2A and 2B, character 23); applying light having (see Annotation Figures 2A, character 100’, column 3, lines 25 – 30) the exposure wavelength to the substrate (see Annotation Figures 2A and 2B, character 23) from the side of the first main surface (see Annotation Figures 2A and 2B, character 23a) and forming the photosensitive layer (see Annotation Figures 2A and 2B, character 27) into a pattern corresponding to the light-blocking structure (see Annotation Figures 2A and 2B, character 25 and column 3, lines 6 – 44). PNG media_image5.png 298 474 media_image5.png Greyscale Tomita discloses the claimed invention except for forming a lens using the photosensitive layer . Joseph teaches forming a lens (Figure 26, character 2610). However, it is well known in the art to apply and/or modify the lens as discloses by Joseph in (Figure 26 and column 4, lines 25 – 32 and 44 – 59). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention was to apply and/or modify the lens as suggested to the device of Tomita, the lens could be used to focus the beam (can concentrate a laser beam into a small point) or provide a collimating beams (can make a laser beam parallel) or adjusting the beam size (can modify the diameter of the laser beam by changing the focal length) or also some lenses are designed to create specific patterns or shapes with the laser light, such as lines or rings. Regarding claim 2, Tomita and Joseph, Tomita disclose the step of applying light (see Annotation Figure 2A, character 100’ and column 3, lines 25 – 44) having the exposure wavelength includes forming, in the photosensitive layer (see Annotation Figures 2A and 2B, character 27), a denatured region (see Annotation Figure 2A, character 27a) that light that has not been blocked by the light-blocking structure (see Annotation Figures 2A and 2B, character 25) has entered, and forming the photosensitive layer (see Annotation Figures 2A and 2B, character 27) into a pattern corresponding to a shape of the light-blocking structure (see Annotation Figures 2A and 2B, character 25) by removing the denatured region (see Annotation Figure 2A, character 27a). Regarding claim 3, Tomita and Joseph, Tonita disclose the step of applying light (see Annotation Figure 2A, character 100’) having the exposure wavelength includes forming (see Annotation Figure 2Aa and 2B and column 3, lines 6 – 44), by removing the denatured region (see Annotation Figure 2Aa and 2B, character 27a), the photosensitive layer (see Annotation Figures 2A and 2B, character 27) in a shape in which an outer shape of the photosensitive layer (see Annotation Figures 2A and 2B, character 27) as viewed from a direction perpendicular to the first main surface (see Annotation Figures 2A and 2B, character 23a) is similar to an outer shape of the light-blocking structure (see Annotation Figures 2A and 2B, character 25) as viewed from the direction perpendicular to the first main surface (see Annotation Figures 2A and 2B, character 23a) and a center of gravity of the photosensitive layer (see Annotation Figures 2A and 2B, character 27) as viewed from the direction perpendicular to the first main surface (see Annotation Figures 2A and 2B, character 23a) matches a center of gravity of the light-blocking structure (see Annotation Figures 2A and 2B, character 25) as viewed from the direction perpendicular to the first main surface (see Annotation Figures 2A and 2B, character 23a). Regarding claim 4, Tomita and Joseph, Joseph disclose the step of forming a lens (see Figure 26, character 2610) includes heating the photosensitive layer to ball up the photosensitive layer (column 4, lines 25 – 34). Regarding claim 5, Tomita and Joseph, Joseph disclose the step of forming a lens (see Figure 26, character 2610) includes using the balled-up photosensitive layer as the lens (see Figure 26, character 2610 and column 4, lines 25 – 34). Regarding claim 6, Tomita and Joseph, Joseph disclose the step of forming a lens (see Figure 26, character 2610) includes etching the substrate (see Figure 26, character 2600) using the balled-up photosensitive layer as an etching mask to form the lens (see Figure 26, character 2610 and column 4, lines 25 – 34). Regarding claim 7, Tomita and Joseph do not explicitly discloses the balled-up photosensitive layer has an outer shape as viewed from a direction perpendicular to the first main surface similar to an outer shape of the light-blocking structure as viewed from the direction perpendicular to the first main surface and a center of gravity as viewed from the direction perpendicular to the first main surface that matches a center of gravity of the light-blocking structure as viewed from the direction perpendicular to the first main surface. However, it was shown above that Tomita in Annotation Figures 2A and 2B, and column 3, lines 6 – 44, teach a light- blocking, substrate, photosensitive layer and applying light. Joseph in Figure 26 and column 4, lines 25 – 32 and 44 – 59 teach a lens, heating the photoresist and method of forming a lens using the photoresist (photosensitive material). The combination of Tomita’s applying light, light- blocking, substrate and photosensitive layer and Joseph’s lens and method of forming a lens using the photoresist (photosensitive material) achieves the balled-up photosensitive layer has an outer shape as viewed from a direction perpendicular to the first main surface similar to an outer shape of the light-blocking structure as viewed from the direction perpendicular to the first main surface and a center of gravity as viewed from the direction perpendicular to the first main surface that matches a center of gravity of the light-blocking structure as viewed from the direction perpendicular to the first main surface. These features are implicitly taught the balled-up photosensitive layer has an outer shape as viewed from a direction perpendicular to the first main surface similar to an outer shape of the light-blocking structure as viewed from the direction perpendicular to the first main surface and a center of gravity as viewed from the direction perpendicular to the first main surface that matches a center of gravity of the light-blocking structure as viewed from the direction perpendicular to the first main surface as is claimed. Regarding claim 8, Tomita discloses the claimed invention except for the substrate is formed of GaAs . Joseph teaches a GaAs substrate (see Figure 8, character 81). However, it is well known in the art to apply and/or modify the GaAs substrate as discloses by Joseph n (see Figure 8 and column 19, lines 29, 30 and 49). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention was to apply and/or modify the GaAs substrate as suggested to the device of Tomita, the GaAs substrate could be used to transmit light or be transparent to light, 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. Regarding claim 9, Tomita and Joseph, Tomita disclose the light-blocking structure (see Annotation Figures 2A and 2B, character 25) is formed of one or both of a metal and a multilayer light-reflecting film (see column 3, lines 13 – 15). Regarding claim 10, Tomita and Joseph, Tomita disclose the photosensitive material (see Annotation Figures 2A and 2B, character 25) is a positive photoresist (see column 3, lines 21 – 24) . 07-21-aia AIA Claim 12, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al. (PCT/JP2018/015716 associated with WO2018221042, the examiner use the US 2020/0112141, which is an equivalent of PCT/JP2018/015716 associated with WO2018221042) in view of Joseph (US 10630053) . Regarding claim 12 , Sato disclose a current injection region (see Figure 1 and paragraphs [0039 – 0040, 0052 and 0064]) is provided in the substrate (see Annotation Figure 1, character 11), and the light-emitting device (see Figure 1) further includes a light-reflecting layer (see Figure 1, character 18, Abstract and paragraphs [0006, 0007 and 0037], the reference called “DBR”) and forms a concave mirror (see Figure 1 and Abstract) that collects light generated in the substrate (see Annotation Figure 1, character 11) into the current injection region (see Figure 1). Sato discloses the claimed invention except for the lens structure includes a lens and a light-reflecting layer that is formed on a surface of the lens . Joseph teaches a lens (Figure 26, character 2610) and the lens covered with reflected coating. However, it is well known in the art to apply and/or modify the lens as discloses by Joseph in (Figure 26 and column 4, lines 25 – 32). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention was to apply and/or modify the lens as suggested to the device of could be used to focus the beam (can concentrate a laser beam into a small point) or provide a collimating beams (can make a laser beam parallel) or adjusting the beam size (can modify the diameter of the laser beam by changing the focal length) or also some lenses are designed to create specific patterns or shapes with the laser light, such as lines or rings. Regarding claim 13 , Sato and Joseph do not explicitly discloses the lens has a center as viewed from the direction perpendicular to the first main surface that matches a center of the current injection region as viewed from the direction perpendicular to the first main surface. However, it was shown above that Sato on Figures 1 and 2 and Abstract and paragraphs []0037 – 0047] teach that a light emitting device comprising a substrate, a light blocking structure and lens structure. Joseph in Figure 26 and column 4, lines 25 – 32 teach that a laser comprising a micro-lens array can comprise multiple curved lenses and the lens covered with reflected coating. The combination of Soto’s a light emitting device and Joseph’s a micro-lens array, achieves the lens has a center as viewed from the direction perpendicular to the first main surface that matches a center of the current injection region as viewed from the direction perpendicular to the first main surface. These features are implicitly taught the lens has a center as viewed from the direction perpendicular to the first main surface that matches a center of the current injection region as viewed from the direction perpendicular to the first main surface as is claimed. Regarding claim 17 , Soto disclose the lens structure (see Figures 1 and 2, character 11A) is formed by island-shaped resist layer (see paragraphs [0009 – 0010 and 0049 – 0051], The resists layer (resistant layer) is similar to a photoresists layer, and a photoresists layer is a type of photosensitive layer.). Sato discloses the claimed invention except for lens structure is formed of a photosensitive material . Joseph teach the lens structure (Figure 26, character 2610) is formed of a photoresist material (see Figure 26). However, it is well known in the art to apply and/or modify the photoresist material as discloses by Joseph in (Figure 26 and column 4, lines 25 – 32). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filling date of the claimed invention was to apply and/or modify the lens structure is formed of a photosensitive material as suggested to the device of Sato, the photosensitive material is a substance that reacts to light exposure by undergoing a physical, chemical, or electrical change. The photosensitive materials are substances that absorb light energy and respond with a measurable change in their properties, such as color, structure, or electrical conductivity. Photosensitive materials offer high efficiency, fast response, and versatility across substrates like paper, plastic, metal, and glass, etc., 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 . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references WO 2025105127 disclose a light-emitting element comprises a substrate that has a first principal surface that is on a light emission surface side and a second principal surface that is on the reverse side from the first principal surface, a light-emitting layer that is on the first principal surface side of the substrate, a light-blocking member that is further to the light emission surface side than the light-emitting layer, blocks exposure light that enters from the light emission surface side, and has an opening, a first reflection member that is at the opening in the light-blocking member, and a second reflection member that is on the second principal surface side of the substrate and has a concave surface that causes light emitted at the light-emitting layer to resonate between the first reflection member and the second reflection member. The light-blocking member has a plurality of light-blocking bodies that are provided within a plane so as to be separated from each other . US 20250079798 disclose a surface emitting device that can restrain increase in the misalignment between a current injection region of a light emission layer and a concave mirror. The surface emitting device provided according to the present technology includes a substrate, a first structure provided on one surface of the substrate and including a light emission layer, and a second structure provided on another surface of the substrate and including a concave mirror, the substrate is transparent to a prescribed wavelength, the first structure has an opaque part and a transparent part with respect to the prescribed wavelength, and the first and second structures have substantially similar forms in plan view and their centers of gravity do not coincide. US 5,309,468 disclose a laser diode comprises a substrate, a disc-shaped active layer provided epitaxially on the substrate for producing an optical beam as a result of the stimulated emission, a disc-shaped contact layer provided epitaxially on the active layer for injecting carriers into the active layer, an optical confinement layer provided on the substrate to surround the active layer and the contact layer laterally for confining the optical beam in the active layer, a convex mirror part provided on a lower major surface of the substrate for reflecting back the optical beam such that the optical beam is converged to the active layer, an opposing mirror part provided in correspondence to an upper major surface of the contact layer, a first electrode provided on the contact layer for injecting carriers of a first polarity, a second electrode provided on the lower major surface of the substrate for injecting carriers of a second polarity, and an optical passage provided in correspondence to the spherical surface of the convex lens part for emitting the optical beam as a parallel beam. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Delma R. Forde whose telephone number is (571)272-1940. The examiner can normally be reached M - TH 7:00 AM - 4:00 PM. 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 O 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. /Delma R Forde/Examiner, Art Unit 2828 /TOD T VAN ROY/Primary Examiner, Art Unit 2828 Application/Control Number: 18/560,534 Page 2 Art Unit: 2828 Application/Control Number: 18/560,534 Page 3 Art Unit: 2828 Application/Control Number: 18/560,534 Page 4 Art Unit: 2828 Application/Control Number: 18/560,534 Page 5 Art Unit: 2828 Application/Control Number: 18/560,534 Page 6 Art Unit: 2828 Application/Control Number: 18/560,534 Page 7 Art Unit: 2828 Application/Control Number: 18/560,534 Page 8 Art Unit: 2828 Application/Control Number: 18/560,534 Page 9 Art Unit: 2828 Application/Control Number: 18/560,534 Page 10 Art Unit: 2828 Application/Control Number: 18/560,534 Page 11 Art Unit: 2828 Application/Control Number: 18/560,534 Page 12 Art Unit: 2828 Application/Control Number: 18/560,534 Page 13 Art Unit: 2828 Application/Control Number: 18/560,534 Page 14 Art Unit: 2828 Application/Control Number: 18/560,534 Page 15 Art Unit: 2828 Application/Control Number: 18/560,534 Page 16 Art Unit: 2828 Application/Control Number: 18/560,534 Page 17 Art Unit: 2828 Application/Control Number: 18/560,534 Page 18 Art Unit: 2828 Application/Control Number: 18/560,534 Page 19 Art Unit: 2828
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