Prosecution Insights
Last updated: October 23, 2026
Application No. 18/563,049

OPTOELECTRONIC SEMICONDUCTOR CHIP AND COMPONENT

Non-Final OA §103
Filed
Nov 21, 2023
Priority
May 28, 2021 — DE 10 2021 113 856.6 +1 more
Examiner
NIU, XINNING
Art Unit
Tech Center
Assignee
Ams-osram AG
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
858 granted / 1039 resolved
+22.6% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
23 currently pending
Career history
1070
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
69.6%
+29.6% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1039 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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. 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, 2, 5 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Brick et al. (US PG Pub 2009/0097519) in view of Yu et al. (US PG Pub 2013/0330033) and Leas (US 4,971,927). Regarding claim 1, Brick et al. disclose: an optoelectronic semiconductor chip comprising a semiconductor layer sequence (8) having at least one active zone (10) for generating a radiation (Fig. 1, [0054]), an outcoupling facet (26, 28) of the semiconductor layer sequence for outcoupling the radiation, wherein the semiconductor layer sequence is configured to guide the radiation (20) in the active zone perpendicularly to a growth direction of the semiconductor layer sequence (semiconductor layer sequence guides the radiation 20 in the horizontal direction in Fig. 1) (Fig. 1, [0057]). Brick et al. do not disclose: a carrier, a semiconductor layer sequence on the carrier; an optical high-refractive index layer on an outcoupling facet of the semiconductor layer sequence for outcoupling the radiation, and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation, and the high-refractive index layer is configured to deflect the radiation at the outward side parallel to the growth direction, the carrier is a substitute carrier and the radiation is emitted away from the carrier due to the outward side, the carrier has a recess for the semiconductor layer sequence so that the carrier has a supporting surface facing the outcoupling facet, and the low-refractive index coating is applied to the supporting surface and the high-refractive index layer is seated on the low-refractive index coating, and the semiconductor layer sequence, seen in plan view and in at least one region without an active zone, is fastened to the low-refractive index coating applied to the carrier by a fastening means. Yu et al. disclose: a carrier (120), the semiconductor layer sequence (102) is fastened to the carrier by a fastening means (solder) (Fig. 1, [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brick by fastening the laser device of Brick on a carrier (120) using solder as disclosed by Yu in order to support the laser device and to enable coupling of the laser device with other elements. Brick as modified disclose: a semiconductor layer sequence on the carrier; the carrier is a substitute carrier and the radiation is emitted away from the carrier due to the outward side, the carrier has a recess for the semiconductor layer sequence so that the carrier has a supporting surface facing the outcoupling facet. Brick as modified do not disclose: an optical high-refractive index layer on an outcoupling facet of the semiconductor layer sequence for outcoupling the radiation, and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation, and the high-refractive index layer is configured to deflect the radiation at the outward side parallel to the growth direction, the carrier has a recess for the semiconductor layer sequence so that the carrier has a supporting surface facing the outcoupling facet, and the low-refractive index coating is applied to the supporting surface and the high-refractive index layer is seated on the low-refractive index coating, and the semiconductor layer sequence, seen in plan view and in at least one region without an active zone, is fastened to the low-refractive index coating applied to the carrier by a fastening means. Leas discloses: slanted internal reflector 28 which is formed out of a low index material such as SiO2, the laser 20 is embedded in a layer of high index material 32 such as TiO2 which is slightly thicker than the laser 20 itself. The surface 34 of the high index material 32 is polished to provide an optical surface which has the additional benefit of being a planar surface for interconnecting metallurgy (Fig. 1, col. 3, line 60 to col. 4, line 25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brick as modified by forming an optical high-refractive index layer on an outcoupling facet of the semiconductor layer sequence for outcoupling the radiation, and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation in order to vertically couple out radiation (20) away from the laser facets. The device as modified disclose: the carrier has a recess for the semiconductor layer sequence so that the carrier has a supporting surface facing the outcoupling facet, and the low-refractive index coating is applied to the supporting surface and the high-refractive index layer is seated on the low-refractive index coating (the carrier would inherently have a recess for the semiconductor layer due to the shape of the semiconductor layer of Brick). PNG media_image1.png 402 606 media_image1.png Greyscale Fig. 1 of Brick Regarding claim 2, Brick as modified disclose: which is a semiconductor laser (element 2 in Fig. 1 of Brick), wherein at a wavelength of maximum intensity of the radiation the high-refractive index layer has a refractive index of at least 0.6 higher than the low-refractive index layer (TiO2 has a refractive index at least 0.6 higher than SiO2) (Leas, Fig. 1, col. 3, line 60 to col. 4, line 25). Regarding claim 5, Brick as modified disclose: wherein the high-refractive index layer is a planarization layer for the outcoupling facet and/or for the outcoupling mirror (high index material 32 is a planar surface for the facets 26 and 28 of Brick) (Leas, Fig. 1, col. 3, line 60 to col. 4, line 25). Regarding claim 13, Brick as modified do not disclose: further comprising an optics for beam correction for the radiation, wherein the optics is located above the exterior surface as seen in plan view. Yu et al. disclose: optics (116) for beam correction (Fig. 1, [0024], [0025]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brick as modified by forming a lens element above the exterior surface in order to collimate or focus the output laser beam. Regarding claim 14, Brick as modified disclose: wherein the optics are produced from the carrier (see Fig. 1 of Yu, optics 116 are coupled to the carrier 120, see also Fig. 8 of Brick which shows lenses 40). Regarding claim 15, Brick as modified disclose: a component comprising a plurality of semiconductor chips according to claim 13 (the photonic chip may include an array of devices), and a mounting platform (120), wherein the semiconductor chips are mounted on the mounting platform and by means of the optics of the semiconductor chips radiation directions of the semiconductor chips are adapted to each other (taught by the device of Brick as modified) (Yu, Fig. 1, [0034]). Regarding claim 16, Brick et al. disclose: an optoelectronic semiconductor chip comprising a semiconductor layer sequence (8) having at least one active zone (10) for generating a radiation (Fig. 1, [0054]), an outcoupling facet (26, 28) of the semiconductor layer sequence for outcoupling the radiation (Fig. 1, [0057]), wherein the semiconductor layer sequence is configured to guide the radiation (20) in the active zone perpendicularly to a growth direction of the semiconductor layer sequence (semiconductor layer sequence guides the radiation 20 in the horizontal direction in Fig. 1) (Fig. 1, [0057]). Brick et al. do not disclose: a carrier, a semiconductor layer sequence on the carrier; an optical high-refractive index layer on an outcoupling facet; and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation, and the high-refractive index layer is configured to deflect the radiation at the outward side parallel to the growth direction. Yu et al. disclose: a carrier (120), the semiconductor layer sequence (102) is fastened to the carrier by a fastening means (solder) (Fig. 1, [0024]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brick by fastening the laser device of Brick on a carrier (120) using solder as disclosed by Yu in order to support the laser device and to enable coupling of the laser device with other elements. Brick as modified disclose: a semiconductor layer sequence on the carrier. Brick as modified do not disclose: an optical high-refractive index layer on an outcoupling facet; and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation, and the high-refractive index layer is configured to deflect the radiation at the outward side parallel to the growth direction. Leas discloses: slanted internal reflector 28 which is formed out of a low index material such as SiO2, the laser 20 is embedded in a layer of high index material 32 such as TiO2 which is slightly thicker than the laser 20 itself. The surface 34 of the high index material 32 is polished to provide an optical surface which has the additional benefit of being a planar surface for interconnecting metallurgy (Fig. 1, col. 3, line 60 to col. 4, line 25). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brick as modified by forming an optical high-refractive index layer on an outcoupling facet of the semiconductor layer sequence for outcoupling the radiation, and an optical low-refractive index coating directly on an outward side of the high-refractive index layer for total reflection of the radiation in order to vertically couple out radiation (20) away from the laser facets. The device as modified disclose: the high-refractive index layer is configured to deflect the radiation at the outward side parallel to the growth direction. Allowable Subject Matter Claims 3, 4 and 6-12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 3 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…wherein a refractive index difference between the active zone and the high-refractive index layer is at most 0.3, wherein the high-refractive index layer is located directly at the outcoupling facet, and the outcoupling facet is oriented transversely to the growth direction.” Claim 4 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…further comprising an outcoupling mirror directly on the outcoupling facet, wherein the high-refractive index layer is located directly on the outcoupling mirror and the outcoupling facet is oriented parallel to the growth direction.” Claim 6 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…wherein the high-refractive index layer is an angle correction layer for the outcoupling facet such that an angle between the outward side and the outcoupling facet is between 0.1° and 20°, inclusive.” Claim 7 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…further comprising a metallization reflective to the radiation and located directly on a side of the low-refractive index coating opposite the outcoupling facet.” Claim 8 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…wherein the low-refractive index coating is perforated at a contact side of the semiconductor layer sequence facing the carrier, so that an electrical contacting means is guided through the low-refractive index coating to the semiconductor layer sequence, wherein at the supporting surface of the carrier the low-refractive index coating is located directly on the carrier.” Claim 12 is allowable as the prior art fails to anticipate or render obvious the claimed limitations including “…wherein a further facet opposite the outcoupling facet is oriented obliquely with respect to the growth direction, and wherein a further supporting surface associated with the further facet is oriented parallel to the growth direction, so that the further supporting surface is configured to reflect radiation components of the radiation reaching the further supporting surface from the active zone back into the active zone.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Scifres et al. (US 5,282,080) disclose: an optical amplifier with at least one high reflectivity facet oriented at a nonperpendicular angle to the amplifier's waveguide to couple light vertically through a top or bottom surface of the amplifier. Angled facets could be at just one end of the waveguide or at both ends of the waveguide. In the latter case, the facets can be approximately parallel to or perpendicular to each other for respective coupling to opposite or same sides of the amplifier. Multiple amplifiers can be formed end-to-and with v-grooves defining the angled facets or can be formed side-by-side with parallel waveguides. Waveguides can also branch to form a 1:2, 1:4 or 2:2 optical signal multiplier or optical switch depending on whether just one or all of the waveguide branches are electrically pumped. Fibers are coupled to the amplifier receiving and emitting surfaces. Angling the fiber end with respect to the surface prevents reflections from feeding back into the amplifier waveguide. The facets can also be oriented at an angle other than 45.degree. to direct the light out of the surface at a nonperpendicular angle (Abstract). Ju et al. (US PG Pub 2002/0085612) disclose: A folded cavity laser for generating a laser beam, includes a substrate provided with a distributed Bragg reflector (DBR); an active medium formed above the DBR for amplifying the laser beam; a first and a second mirrors formed on sides of the active medium, respectively, for making a horizontal cavity and for reflecting the amplified laser beam to the DBR; and a microlens, formed on the substrate opposite the DBR, for making the amplified laser beam astigmatic after passing therethrough (Abstract). Fang et al. (US PG Pub 2012/0195336) disclose: a surface-emitting semiconductor laser device is provided that includes an edge-emitting laser formed in various layers of semiconductor material disposed on a semiconductor substrate, a polymer material disposed on the substrate laterally adjacent the layers in which the edge-emitting laser is formed, and a reflector formed in or on an angled side facet of the polymer material generally facing an exit end facet of the laser. Laser light passes out of the exit end facet propagates through the polymer material before being reflected by the reflector out of the device in a direction that is generally normal to the upper surface of the substrate (Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to XINNING(TOM) NIU whose telephone number is (571)270-1437. The examiner can normally be reached M-F: 9:30am-6:00pm. 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. /XINNING(Tom) NIU/Primary Examiner, Art Unit 2828
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Prosecution Timeline

Nov 21, 2023
Application Filed
Oct 05, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
87%
With Interview (+4.8%)
2y 5m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1039 resolved cases by this examiner. Grant probability derived from career allowance rate.

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