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, 4, 5, 7-12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 5,757,837) in view of Ghosh et al. (US PG Pub 2017/0256915).
Regarding claim 1, Lim et al. disclose: an optical resonator, a photodiode, and an electrical contact arrangement, wherein the optical resonator comprises a semiconductor multilayer stack, the semiconductor multilayer stack comprising, in a direction of growth of the multilayer stack, a first distributed Bragg reflector (DBR 24), a second distributed Bragg reflector (36, 50, 60), and an active region (28, 30) for laser emission arranged between the first distributed Bragg reflector and second distributed Bragg reflector (Fig. 1, col. 3, line 59 to col. 4, line 33), wherein the electrical contact arrangement (contacts 62 and 40 are used to bias the detector, contacts 40 and contact with substrate 22 are used to bias the laser) is arranged to electrically pump the optical resonator and to electrically contact the photodiode (Fig. 1, col. 3, line 59 to col. 4, line 33), wherein a reflectivity of the second distributed Bragg reflector is higher than a reflectivity of the first distributed Bragg reflector (a VCSEL with light coming out of the bottom surface inherently has top DBR reflectivity higher than bottom DBR reflectivity) (Fig. 1, col. 4, lines 34-40), wherein the photodiode has an absorbing region (50) arranged in the second distributed Bragg reflector (Fig. 1, col. 3, line 59 to col. 4, line 33).
Lim et al. do not disclose: wherein a tunnel junction is arranged between the photodiode and the active region.
Ghosh et al. disclose: wherein a tunnel junction (210) is arranged near the active region (205) (Fig. 2, [0038]). 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 Lim by forming a tunnel junction between the photodiode and the active region in order to increase the gain of the device.
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Fig. 1 of Lim et al.
Regarding claim 4, Lim as modified disclose: wherein a diameter or a width of the absorbing region (50) is smaller than a diameter or a width of the active region (28, 30) (see the rejection of claim 1).
Regarding claim 5, Lim as modified do not disclose: wherein the absorbing region has a diameter or a width of less than 15 μm.
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 comprising a photodiode having an absorbing region with a diameter or width. 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 the diameter or width of the absorbing region by routine experimentation.
Regarding claim 7, Lim as modified disclose: wherein the tunnel junction is arranged in or next to a node of a standing wave pattern of the laser emission in the optical resonator (implicitly taught, tunnel junction arranged in or next to a node of a standing wave pattern of the laser emission in order to increase gain of the device).
Regarding claim 8, Lim as modified disclose: wherein the tunnel junction has a high or ultra-high doped n−−-layer (tunnel junctions are very highly doped p-n junctions that allow tunneling of charge carriers through the junction.) (Ghosh, [0030]).
Regarding claim 9, Lim as modified do not disclose: wherein a dopant concentration in the n−−-layer is equal to or higher than 8×1018/cm3.
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 comprising a tunnel junction having a n−−-layer with a dopant concentration. 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 the dopant concentration of the n−−-layer by routine experimentation.
Regarding claim 10, Lim as modified disclose: wherein the tunnel junction has a high or ultra-high doped p++-layer (tunnel junctions are very highly doped p-n junctions that allow tunneling of charge carriers through the junction.) (Ghosh, [0030]).
Regarding claim 11, Lim as modified do not disclose: wherein a dopant concentration in the p++-layer is equal to or higher than 1019/cm3.
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 comprising a tunnel junction having a p++-layer with a dopant concentration. 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 the dopant concentration of the p++-layer by routine experimentation.
Regarding claim 12, Lim as modified disclose: wherein the optical resonator comprises an oxide aperture (38) or an ion implantation next to or in a vicinity of the absorbing region of the photodiode (Lim, Fig. 1, col. 4, lines 6-19).
Regarding claim 15, the apparatus of claim 1 discloses the claimed method (see the rejection of claim 1).
Claims 2, 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 5,757,837) in view of Ghosh et al. (US PG Pub 2017/0256915) and Gerlach (EP 3514898).
Regarding claim 2, Lim as modified do not disclose: wherein the second distributed Bragg reflector has an outer first part and an inner or intermediate second part, wherein the absorbing region of the photodiode is arranged between the first part and the second part, wherein the outer first part is a p-doped region of the semiconductor multilayer stack, and the inner or intermediate second part is an n-doped region of the semiconductor multilayer stack.
Gerlach discloses: wherein the second distributed Bragg reflector has an outer first part (145) and an inner or intermediate second part (135), wherein the absorbing region (140) of the photodiode is arranged between the first part and the second part, wherein the outer first part is a p-doped region of the semiconductor multilayer stack, and the inner or intermediate second part is an n-doped region of the semiconductor multilayer stack, an inner third part DBR (125) which is p-doped (Fig. 1, [0033]). 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 Lim as modified by adding an inner third part DBR which is p-doped and doping the outer first part (20) of Lim to p-type and inner/intermediate second part (36) of Lim to n-type because one of ordinary skill in the art would have been capable of applying this known technique to a known device (method, or product) that was ready for improvement and the results would have been predictable to one of ordinary skill in the art. In the instant case, the predictable result is a vertical cavity surface emitting laser device with a photodiode arranged above the VCSEL.
Regarding claim 3, Lim as modified disclose: wherein the second distributed Bragg reflector has an inner third part which is a p-doped region (see the rejection of claim 2).
Lim as modified do not disclose: wherein the tunnel junction is arranged between the second part and the third part of the second distributed Bragg reflector.
However, In accordance with MPEP 2144.04, Legal Precedent as Source of Supporting Rationale: As discussed in MPEP § 2144, if the facts in a prior legal decision are sufficiently similar to those in an application under examination, the examiner may use the rationale used by the court. Examples directed to various common practices which the court has held normally require only ordinary skill in the art and hence are considered routine expedients are discussed below. If the applicant has demonstrated the criticality of a specific limitation, it would not be appropriate to rely solely on case law as the rationale to support an obviousness rejection.
MPEP 2144.04, Rearrangement of Parts: In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the position of the tunnel junction because rearrangement of parts is not a patentable advance.
Regarding claim 6, Lim as modified disclose: wherein the electrical contact arrangement is arranged to operate the photodiode and the tunnel junction with reverse bias and the active region with forward bias (the P-I-N structure of the photodiode and active region would inherently cause the photodiode to be operated in reverse bias and active region to be operated in forward bias, see the rejection of claim 2).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 5,757,837) in view of Ghosh et al. (US PG Pub 2017/0256915) and Makiuchi (US 5,309,468).
Regarding claim 13, Lim as modified do not disclose: further comprising a substrate, wherein the substrate has an optical structure arranged on a surface of the substrate opposite to the multilayer stack.
Makiuchi discloses: the substrate has an optical structure (41a) arranged on a surface of the substrate opposite to the multilayer stack (Fig. 4(A), col. 5, lines 31-46). 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 Lim as modified by forming a microlens on the bottom surface of the substrate in order to reduce the beam divergence of the output beam.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (US 5,757,837) in view of Ghosh et al. (US PG Pub 2017/0256915) and Liu et al. (US PG Pub 2013/0253487).
Regarding claim 14, Lim as modified do not disclose: a laser sensor, comprising a vertical cavity surface emitting laser of claim 1, wherein the laser sensor is at least one of a displacement sensor, a velocity sensor, a proximity sensor, a distance sensor, a particle sensor, or a contactless user interface sensor.
Liu et al. disclose: a laser sensor, comprising a vertical cavity surface emitting laser ([0070]). 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 Lim as modified by incorporating the VCSEL into a displacement sensor in order to measure a distance from a target area.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi et al. (US PG Pub 5,679,964) disclose: the optoelectronic integrated device includes a semiconductor substrate, a vertical-cavity surface-emitting semiconductor laser formed on the semiconductor substrate, a phototransistor stacked over the vertical-cavity surface emitting semiconductor laser, for driving the vertical-cavity surface-emitting semiconductor laser, and a semiconductor buffer structure interposed between the vertical-cavity surface-emitting semiconductor laser and the phototransistor. The vertical-cavity surface-emitting semiconductor laser includes: a bottom semiconductor mirror; a top semiconductor mirror; and an active region interposed between the bottom semiconductor mirror and the top semiconductor mirror and having a strained quantum well structure for emitting light having a wavelength of .lambda.. The phototransistor includes: a collector layer; an emitter layer; and a base layer interposed between the collector layer and the emitter layer and absorbing light having a wavelength of .lambda.. The semiconductor buffer structure includes: a first surface facing the phototransistor and having a lattice constant substantially lattice-matching with the base layer, and a second surface facing the vertical-cavity surface-emitting semiconductor laser (Abstract). Weichmann et al. (US PG Pub 2020/0403376) disclose: VCSELs have a substrate, first and second electrical contacts (ECs), and an optical resonator (OR), having first and second distributed Bragg reflectors (DBRs) and an active layer between the DBRs. The first DBR is between the substrate and the active layer. One of the DBRs has: first and second parts, having different conductivity types, and each with a pair of layers with different refractive indices. A tunnel junction (TJ) is between the parts. The ECs are for electrically pumping the OR such that the TJ is reversely biased during operation of the VCSEL. Either the first DBR includes the parts, having a relative thickness of the second part to a total thickness of the first and second parts between 0.1-0.8, or the second DBR has the parts, the second part being on the TJ facing away from the active layer, and the relative thickness being between 0.15-0.6 (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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