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 § 102
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 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 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dummer (US PG Pub 2020/0144792).
Regarding claim 1, Dummer discloses: a vertical cavity surface emitting laser (Figs. 3-7; [0034]-[0053]), comprising: a substrate 34 (Fig. 3; par. 38); and emitters (106) arranged in an array (104) (Fig. 7B, [0063]), wherein the emitters are located on a surface of the substrate (each VCSEL emitter has a substrate) (Figs. 4B,7B; [0055], [0063]); wherein each emitter of the emitters is provided with a light emitting window (area along path 60), a via (90) and an oxidation trench (50), the light emitting window is used for emitting light (Figs. 3, 4B; [0038], [0041], [0042], [0044], [0052]); the via (90) surrounds the light emitting window, and the oxidation trench (50) surrounds the light emitting window (Fig. 4B, 7B; [0038], [0052], [0063]); and wherein at least one of the via or the oxidation trench is shared by at least two of the emitters (each VCSEL in the two dimensional array of VCSELS in Fig. 7B shares it’s oxidation trench and via with at least one neighbor) (Fig. 7B; [0063].
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Fig. 3 of Dummer
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Fig. 7B of Dummer
Regarding claim 10, the apparatus of claim 1 discloses the claimed method (see the rejection of claim 1).
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 2-7, 9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Dummer (US PG Pub 2020/0144792) in view of Barve et al. (US 9,742,153).
Regarding claim 2, Dummer et al. do not explicitly disclose: wherein the oxidation trench surrounding a same light emitting window comprises S oxidation sub-trenches, and a value of S comprises an even number greater than or equal to 2; and/or the via surrounding a same light emitting window comprises Q sub-vias, and a value of Q comprises an even number greater than or equal to 2.
Barve et al. disclose: S oxidation sub-trenches, and a value of S comprises an even number greater than or equal to 2 (Fig. 1B, col. 5, lines 5-22). 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 Dummer by forming S Oxidation sub-trenches, with S an even number greater than or equal to 2 in order to form a more even oxide aperture for more than one VCSEL in the VCSEL array.
Regarding claim 3, Dummer as modified disclose: wherein the oxidation trench surrounding a same light emitting window comprises S oxidation sub-trenches, and a value of S comprises an even number greater than or equal to 2; and the S oxidation sub-trenches are arranged at equal intervals in a circumferential direction of the same light emitting window(Dummer, Fig. 1B, col. 5, lines 5-22).
Regarding claim 4, Dummer as modified disclose: wherein the via surrounding a same light emitting window comprises Q sub-vias (four sub vias 90), and a value of Q comprises an even number greater than or equal to 2; and the Q sub-vias are arranged at equal intervals in a circumferential direction of the same light emitting window (Dummer, Fig. 4B, [0052]-[0055]).
Regarding claim 5, Dummer as modified disclose: wherein the oxidation trench surrounding a same light emitting window comprises S oxidation sub-trenches, and a value of S comprises an even number greater than or equal to 2; the via surrounding a same light emitting window comprises Q sub-vias, and a value of Q comprises an even number greater than or equal to 2; and in a circumferential direction of the same light emitting window, the S oxidation sub-trenches surrounding the same light emitting hole, and the Q sub-vias surrounding the same light emitting hole are alternatively arranged, and a projection area of the S oxidation sub-trenches on the substrate, and a projection area of the Q sub-vias on the substrate do not overlap (taught by the device of claim 2 as modified, see the rejection of claim 2).
Regarding claim 6, Dummer as modified do not disclose: wherein a spacing between one side of each of the S oxidation sub-trenches surrounding the same light emitting window adjacent to the light emitting hole and the light emitting window is equal to a spacing between one side of each of the Q sub-vias surrounding the same light emitting window adjacent to the light emitting hole and the light emitting window.
However, In accordance with MPEP 2144.05 II, Optimization of Ranges: Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In the prior art the general conditions are disclosed, a VCSEL array with each VCSEL having a spacing between one side of each of the S oxidation sub-trenches surrounding the same light emitting window adjacent to the light emitting hole and the light emitting window and a spacing between one side of each of the Q sub-vias surrounding the same light emitting window adjacent to the light emitting hole and the light emitting window. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to obtain a workable range of values for each spacing by routine experimentation.
Regarding claim 7, Dummer discloses: wherein each of the emitters comprises: a first reflector (36), wherein the first reflector is located on a surface of the substrate (34) (Fig. 3, [0038]); an active layer (38), wherein the active layer is located on a surface of the first reflector away from the substrate; a second reflector (40), wherein the second reflector is located on a surface of the active layer away from the substrate, a surface of the second reflector away from the substrate is provided with the oxidation trench (50), and the oxidation trench penetrates the second reflector (40) (Fig. 3, [0038]); a first passivation layer (49), wherein the first passivation layer covers a surface of a side of the second reflector away from the substrate (Fig. 3, [0038]), and a first pad (48), wherein the first pad is located on a surface of the first passivation layer away from the substrate , and the first pad is connected to the second reflector through the via (Fig. 3, [0038]); and the second reflector is partially exposed from a projection of the via on the substrate (Fig. 3, [0038]).
Dummer does not disclose: oxidation trench penetrates the active layer and a portion of the first reflector; and passivation layer covers a bottom surface and a side surface of the oxidation trench, the first passivation layer is provided with the via.
Barve et al. disclose: oxidation trench (162) penetrates the active layer (172) and a portion of the first reflector (174) (Fig. 2A, col. 6, lines 12-22); passivation layer (164) covers a bottom surface and a side surface of the oxidation trench, the first passivation layer is provided with the via (Fig. 2A, col. 6, lines 12-22). 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 Dummer by forming the oxidation trench so that it penetrates the active layer and portion of the first reflector and forming the passivation layer so that it covers a bottom surface and a side surface of the oxidation trench in order to reduce current spreading in the VCSEL device.
Regarding claim 9, Dummer as modified disclose: further comprising an oxidized layer, wherein the oxidized layer is located within the second reflector, an oxidation aperture (42, 42b) is enclosed by the oxidized layer (42a), and a projection of the oxidation aperture on the substrate is located within a projection of the light emitting window on the substrate (Dummer, Fig. 3, [0038]-[0041]).
Regarding claim 11, the apparatus of claim 7 discloses the claimed method (see the rejection of claim 7).
Claims 8, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Dummer (US PG Pub 2020/0144792) in view of Barve et al. (US 9,742,153) and Lee et al. (US PG Pub 2021/0159672).
Regarding claim 8, Dummer as modified do not disclose: further comprising a second passivation layer, wherein the second passivation layer is located between the first passivation layer and the second reflector, and the via penetrates the second passivation layer.
Lee et al. disclose: a first passivation layer 271, a second passivation layer 272 (Fig. 17, [0349]). 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 Dummer as modified by forming a second passivation layer between the first passivation layer and the second reflector in order to further protect the VCSEL from moisture.
Regarding claim 12, Dummer as modified disclose: wherein forming the first passivation layer on the surface of the side of the second reflector away from the substrate, and on the bottom surface and the side surface of the oxidation trench, comprises: forming the first passivation layer on a surface of a side of the second passivation layer away from the substrate, and on the bottom surface and the side surface of the oxidation trench; and forming the via on surfaces of both the second passivation layer and the first passivation layer away from the substrate, wherein the second reflector is partially exposed from the projection of the via on the substrate (See the rejection of claim 7).
Dummer as modified do not disclose: wherein after forming the second reflector on the surface of the active layer away from the substrate, the manufacturing method of the vertical cavity surface emitting laser further comprises: forming a second passivation layer on a surface of the second reflector away from the substrate; and forming the oxidation trench on a surface of the second passivation layer away from the substrate, wherein the oxidation trench penetrates the second passivation layer, the second reflector, the active layer and the portion of the first reflector.
Lee et al. disclose: a first passivation layer 271, a second passivation layer 272 (Fig. 17, [0349]). 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 Dummer as modified by forming a second passivation layer between the first passivation layer and the second reflector in order to further protect the VCSEL from moisture. The device as modified disclose: wherein after forming the second reflector on the surface of the active layer away from the substrate, the manufacturing method of the vertical cavity surface emitting laser further comprises: forming a second passivation layer on a surface of the second reflector away from the substrate; and forming the oxidation trench on a surface of the second passivation layer away from the substrate, wherein the oxidation trench penetrates the second passivation layer, the second reflector, the active layer and the portion of the first reflector.
Regarding claim 13, Dummer as modified disclose: forming the oxidation trench on a surface of the second passivation layer away from the substrate, wherein the oxidation trench penetrates the second reflector, the active layer and the portion of the first reflector; and forming an oxidized layer enclosing an oxidation aperture within the second reflector through an oxidation process, wherein a projection of the oxidation aperture on the substrate is located within a projection of the light emitting window on the substrate (see the rejection of claim 7).
Dummer as modified do not disclose: wherein after forming the second reflector on the surface of the active layer away from the substrate, the manufacturing method of the vertical cavity surface emitting laser further comprises: forming a second passivation layer on a surface of the second reflector away from the substrate; penetrates the second passivation layer.
Lee et al. disclose: a first passivation layer 271, a second passivation layer 272 (Fig. 17, [0349]). 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 Dummer as modified by forming a second passivation layer between the first passivation layer and the second reflector in order to further protect the VCSEL from moisture. The device as modified disclose: wherein after forming the second reflector on the surface of the active layer away from the substrate, the manufacturing method of the vertical cavity surface emitting laser further comprises: forming a second passivation layer on a surface of the second reflector away from the substrate; penetrates the second passivation layer
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ueki et al. (US PG Pub 2003/0039294) disclose: The present invention provides a surface emitting semiconductor laser, comprising: a semiconductor substrate having sequentially layered thereon a lower multi-layer mirror, an active layer region, and an upper multi-layer mirror that, together with the lower multi-layer mirror, contributes to the formation of a cavity; an upper electrode disposed on an upper layer of the upper multi-layer mirror and provided with an aperture that forms an emission region of a laser beam generated at the active layer region; and a current confinement portion disposed between the upper electrode and the lower multi-layer mirror and provided with an aperture that forms a current path; wherein an aperture diameter of the upper electrode and an aperture diameter of the current confinement portion are determined such that a difference between an optical loss of the cavity in a higher-order lateral mode of the laser beam and an optical loss of the cavity in a fundamental lateral mode of the laser beam becomes a value in the vicinity of a maximum value, and the higher-order lateral mode is suppressed, and at least one of the aperture formed in the upper electrode and the aperture of the current confinement portion is formed into a two-fold symmetrical configuration having long and short axes with respect to arbitrary two axial directions orthogonal to each other in a plane (Abstract). Hayakawa et al. (US PG Pub 2016/0118773) disclose: Provided is a surface-emitting semiconductor laser device including a substrate; a semiconductor layer formed on the substrate, the semiconductor layer including a first semiconductor multilayer film of a first conductivity type, an active region, and a second semiconductor multilayer film of a second conductivity type, the first semiconductor multilayer film and the second semiconductor multilayer film forming a cavity; and an oxidation-resistant structure including a groove formed along at least a portion of an outer periphery of the semiconductor layer and an oxidation-resistant portion formed on a surface of the groove (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.
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/XINNING(Tom) NIU/Primary Examiner, Art Unit 2828
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