CTNF 18/698,955 CTNF 82874 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. Claim Rejections - 35 USC § 102 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. 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 AIA Claim(s) 1-4,6,7,9,11,18-20 is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by Deliwala et al., (Deliwala) US 2020/0161502 . Regarding claim 1, Deliwala discloses and shows in FIG. 1-10, a multi-wavelength emitting structure (an LED 1000 which operates in a wavelength range of 2-15 m: para [0065], [0113]) comprising: a substrate (LED 1000 includes a growth substrate 1030, fig 10; para [0113]); and a vertical structure over the substrate and extending vertically away from the substrate along an axis (a superlattice heterostructure with tunnel junctions 1040 is placed on top of the growth substrate 1030 and extends away from the growth substrate 1030 vertically on an axis; fig 10; para [0113]), the vertical structure comprising: a first active region including one or more cascade stages of superlattices for light emission at a first wavelength; a second active region including one or more cascade stages of superlattices for light emission at a second wavelength different from the first wavelength (the superlattice heterostructure includes alternating layers of semiconducting crystal layers which form light emitting structures cascaded by tunnel junctions, the different layers including a first active region of layers and a second active region of different layers for emitting light at a first and different second wavelengths, respectively; para [0020], [0069]-[0072], [0113]), wherein the second active region is closer to the substrate than the first active region and spaced apart from the first active region (the second active region of layers is the region of layers closer to the growth substrate 1030 and is spaced apart by intermediate layers; fig 10; para [0113]): and an electrically conductive material along sidewalls of at least one of the first active region or the second active region (the layers of active regions include layers of semiconducting crystals, the layers acting like walls against each other, para [0020], [0069]-[0071], [0113]). Regarding claim 2, Deliwala discloses and shows in FIG. 1-10, the multi-wavelength emitting structure of claim 1. ANALOG further discloses wherein one of the first active region or the second active region absorbs light from the other one of the first active region or the second active region (light is emitted by light emitting structures within the superlattice, the light emitting structures of each layer absorbing at least some of the emitted light from the other layer; para [0020], [0069]-[0071], [0113]). Regarding claim 3, Deliwala discloses and shows in FIG. 1-10, the multi-wavelength emitting structure of claim 1. ANALOG further discloses wherein: the electrically conductive material is a first electrically conductive material, the vertical structure further comprises a second electrically conductive material, and the first active region and the second active region are connected by the electrically conductive material (the superlattice includes layers of semiconducting crystals, which includes a first layer of gallium antimonide and a second layer of indium arsenide, the first and second active regions being connected by the semiconducting crystals; para [0020], [0069]-[0071], [0113]). Regarding claim 4, Deliwala discloses and shows in FIG. 1-10, ANALOG discloses the multi-wavelength emitting structure of claim 3. ANALOG further discloses wherein the second electrically conductive material comprises at least one of gallium antimonide, indium arsenide, an alloy, or a superlattice (the second layer of semiconducting crystal is comprised of indium arsenide: para [0020], [0069]-[0071]. [0113]). Regarding claim 6, Deliwala discloses and shows in FIG. 1-10, the multi-wavelength emitting structure of claim 1. ANALOG further discloses wherein: one of the first active region or the second active region has a p-n configuration or a p-i-n configuration, and the other one of the first active region or the second active region has a n-p configuration or a n-i-p configuration (the layered superlattice of semiconducting materials includes a first active region of layers contains layers in an order of p-type block 540, an intermediate layer junction 530, and an n-type block 520, and a second active region of layers containing layers in an order of n-type block 520, an intermediate layer of tunnel junction 510, and a p-type block 540, as depicted in the structure of fig 5 which is found in fig 10; para [0088]-[0089], [0113]). Regarding claim 7, Deliwala discloses and shows in FIG. 1-10, the multi-wavelength emitting structure of claim 1. ANALOG further discloses further comprising: a first terminal and a second terminal, each including a metal layer, wherein: the first terminal is in contact with the first active region, and the second terminal is in contact with the substrate (a first electrode 1080 is in contact with the layers of a first active region, and a second ring electrode 1010 is in contact with growth substrate 1030; fig 10; para [0113]). Regarding claim 9, Deliwala discloses and shows in FIG. 1-10, As per claim 9, the multi-wavelength emitting structure of claim 1. ANALOG further discloses wherein: the vertical structure further comprises an electrically conductive material covering all areas and sidewalls of the vertical structure except for a window at a first surface of the vertical structure for light emission from the first and second active regions, and the first surface is opposite to a second surface of the vertical structure that is adjacent to the substrate (the superlattice heterostructure 1040 includes semiconducting layers and junctions which occupy all areas and internal walls of the structure except for a first bottom surface for light to be emitted and reflected from the first and second active regions of layers, and a second surface on top which is adjacent to the substrate 1030; fig 10; para [0113]). Regarding claim 11, Deliwala discloses and shows in FIG. 1-10, a multi-wavelength photodetector structure (a photodetector 1000 which operates in a wavelength range of 2-15 m; para [0065], [0113]) comprising: a substrate (photodetector 1000 includes a growth substrate 1030; fig 10; para [0113]); and a vertical structure over the substrate and extending away from the substrate along an axis (a superlattice heterostructure with tunnel junctions 1040 is placed on top of the growth substrate 1030 and extends away from the substrate 1060 vertically on an axis; fig 10; para [0113]), the vertical structure comprising: a first active region including one or more cascade stages of superlattices for light detection at a first wavelength; a second active region including one or more cascade stages of superlattices for light detection at a second wavelength different from the first wavelength (the superlattice heterostructure includes alternating layers of semiconducting crystal layers which form light emitting structures cascaded by tunnel junctions, the different layers including a first active region of layers and a second active region of different layers for detecting light at a first and different second wavelengths, respectively; para [0020], [0069]-[0072], [0113]), wherein the second active region is closer to the substrate than the first active region and spaced apart from the first active region (the second active region of layers is the region of layers closer to the substrate 1060; fig 10; para [0113]); and an electrically conductive material along sidewalls of at least one of the first active region or the second active region (the layers of active regions include layers of semiconducting crystals, the layers acting like walls against each other; para [0069]-[0071]: [0113]). Regarding claim 18, Deliwala discloses and shows in FIG. 1-10, an integrated circuit (IC) device for medium wavelength infrared (MWIR) [0094] or long wavelength infrared (LWIR), the device comprising: a substrate (an LED 1000 which operates in a wavelength range of 2-15 m: para [0065], [0113]); and an epitaxial structure [0030] over the substrate and extending away from the substrate, the epitaxial structure comprising: a first active region including one or more cascade stages of superlattices for light emission at a first center wavelength (the superlattice heterostructure includes alternating layers of semiconducting crystal layers which form light emitting structures cascaded by tunnel junctions, the different layers including a first active region of layers and a second active region of different layers for emitting light at a first and different; second wavelengths, respectively; para [0020], [0069]-[0072], [0113]),; a second active region including one or more cascade stages of superlattices for light emission at a second center wavelength different from the first center wavelength, wherein a distance from the second active region to the substrate is shorter than a distance from the first active region to the substrate; and a middle region between the first active region and the second active region, the middle region including an absorbing material to absorb at least a portion of a shorter wavelength light emission of the first active region or the second active region (the layers of active regions include layers of semiconducting crystals, the layers acting like walls against each other, para [0020], [0069]-[0071], [0113]). Regarding claims 19,20, Deliwala discloses and shows in FIG. 1-10, an IC device wherein the middle region further includes dopants to form one of a common anode [0093] or a common cathode for the first and second active regions; wherein the middle region further includes dopants to form an anode [0093] for one of the first active region or the second active region and a cathode for the other one of the first active region or the second active region [0099] . 07-15-aia AIA Claim(s) 1, 7, 8, 10. 12, and 14-17 is/are rejected under 35 U.S.C. 102 (a1) as being anticipated by US 6,891,869 82 to Augusto, C. (hereinafter "AUGUSTO") . Regarding claim 1, Augusto discloses a multi-wavelength emitting structure (a wavelength-selective photo-emitter; col 16, lines 59-67) comprising: a substrate (the wavelength-selective photo-emitter includes a crystalline substrate and insulator layer as a base; fig 2A; col 13, lines 17-43); and a vertical structure over the substrate and extending vertically away from the substrate along an axis (a structure of active layers and insulators extends vertically away from the crystalline substrate along an axis; fig 2A; col 13, lines 17-43), the vertical structure comprising: a first active region including one or more cascade stages of superlattices for light emission at a first wavelength; a second active region including one or more cascade stages of superlattices for light emission at a second wavelength different from the first wavelength (the structure of active layers include a first active layer comprised of superlattices for light emission and a second active layer comprised of superlattices for light emissions, the wavelength of light emitted from the second active layer being a second, different wavelength; fig 2A; col 13, lines 17-43), wherein the second active region is closer to the substrate than the first active region and spaced apart from the first active region (the second active layer is closer to the crystalline substrate and is spaced separated from the upper first active layer by intermediate layers; fig 2A; col 13. lines 17-43): and an electrically conductive material along sidewalls of at least one of the first active region or the second active region (contact conductors, which are electrically conductive, is positioned alongside walls of the first and second active layers; fig 2A; col 11, lines 42-51; col 13, lines 17-43). Regarding claim 7, Augusto discloses: a first terminal and a second terminal, each including a metal layer, wherein: the first terminal is in contact with the first active region, and the second terminal is in contact with the substrate (a first conductor, which acts 35 3 terminal and includes a layer of metal, is in contact with the first active layer, and a second conductor which acts as a second terminal also includes a layer of metal and contacts the insulator layer of the crystalline substrate base; fig 2A; col 11, lines 42-51; col 13, lines 17-43). Regarding claim 8, Augusto discloses the multi-wavelength emitting structure of claim 7. AUGUSTO further discloses further comprising: a third terminal including a metal layer, wherein: the vertical structure further comprises a middle region between the first active region and the second active region, and the third terminal is in contact with the middle region (the wavelength-selective photon-emitting structure includes a third intermediate conductor which contacts a middle active layer region that is positioned between the first active layer and second active layer as shown in fig 2A; col 13, lines 17-43). Regarding claim 10, Augusto discloses wherein the vertical structure further comprises a middle region between the first active region and the second active region, the middle region including an absorbing material that absorbs a shorter wavelength light emission of the first active region or the second active region (the wavelength-selective photon-emitting structure includes a middle active layer region that is positioned between the first active layer and the second active layer, the middle active layer being configurable to absorb photons in a configuration that includes wavelengths shorter than the first active layer; col 13, lines 17-43; col 16, lines 53-57). Regarding claim 11, Augusto discloses a multi-wavelength photodetector structure (a wavelength-selective photo-emitter; col 16, lines 59-67) comprising: a substrate (the wavelength-selective photo-emitter includes 3 crystalline substrate and insulator layer as a base; fig. 2A; col 13, lines 17-43); and a vertical structure over the substrate and extending away from the substrate along an axis (a structure of active layers and insulators extends vertically away from the crystalline substrate along an axis; fig 2A; col 13, lines 17-43), the vertical structure comprising: a first active region including one or more cascade stages of superlattices for light detection at a first wavelength; a second active region including one or more cascade stages of superlattices for light detection at a second wavelength different from the first wavelength (the structure of active layers include a first active layer comprised of superlattices for light emission and a second active layer comprised of superlattices for light emissions, the wavelength of light emitted from the second active layer being a second, different wavelength; fig 2A; col 13, lines 17-43), wherein the second active region is closer to the substrate than the first active region and spaced apart from the first active region (the second active layer is closer to the crystalline substrate and is spaced separated from the upper first active layer by intermediate layers; fig 2A; col 13, lines 17-43); and an electrically conductive material along sidewalls of at least one of the first active region or the second active region (contact conductors, which are electrically conductive, is positioned along side walls of the first and second active layers; fig 2A; col 11, lines 42-51; col 13, lines 17-43). Regarding claim 12, Augusto discloses wherein: the electrically conductive material is a first electrically conductive material, the vertical structure further comprises a middle region between the first active region and the second active region, and the middle region includes a second electrically conductive material (the wavelength-selective photon-emitting structure includes a middle active layer region that is positioned between the first active layer and the second active layer, the middle active layer also including second contact conductors and being electrically conductive; fig 2A; col. 11, lines 42-51: col 13, lines 17-43). Regarding claim 14, Augusto discloses further comprising: a first terminal and a second terminal, each including a metal layer, wherein: the first terminal is in contact with the first active region, and the second terminal is in contact with the substrate (a first conductor, which acts as a terminal and includes a layer of metal, is in contact with the first active layer, and a second conductor which acts as a second terminal also includes a layer of metal and contacts the insulator layer of the crystalline substrate base; fig 2A; col 11, lines 42-51; col. 13, lines 17-43). Regarding claim 15, Augusto discloses the multi-wavelength photodetector structure further comprising: a first terminal, a second terminal, and a third terminal, each including a metal layer, wherein: the first terminal is in contact with the first active region, the second terminal is in contact with the substrate, the vertical structure further comprises a middle region between the first active region and the second active region, and the third terminal is in contact with the middle region (the wavelength-selective photon-emitting structure includes a first contact conductor contacts the first active layer, a second contact conductor contacts the second active layer, and a third intermediate contact conductor connecting to the middle active layer region that is positioned between the first active layer and second active layer as shown in fig 2A, the contact conductors acting as terminals and including layers of metal; col 11, lines 42-51; col 13. lines 17-43). Regarding claim 16, Augusto discloses the multi-wavelength photodetector structure wherein the vertical structure further comprises a middle region between the first active region and the second active region, the middle region including an absorbing material that absorbs light of a shorter wavelength of the first wavelength or the second wavelength (the wavelength-selective photon-emitting structure includes a middle active layer region that is positioned between the first active layer and the second active layer, the middle active layer being configurable to absorb photons in a configuration that includes wavelengths shorter than the first active layer; col 13, lines 17-43; col 16, lines 53-57). Regarding claim 17, Augusto discloses the multi-wavelength photodetector structure further discloses wherein: the vertical structure further comprises at least one of: a third active region comprising one or more cascaded stages of superlattice for light detection at the first wavelength, and a fourth active region comprising one or more cascaded stages of superlattice for light detection at the second wavelength, and a sensing ratio between the first active region and the second active region is different than a sensing ratio between the third active region and the fourth active region (the structure of active layers extending vertically from the crystalline substrate includes a third intermediate active layer comprised of a superlattice for light detection at a wavelength that is configurable to be the first wavelength; fig 2A; col 13, lines 17-43) . Claim Rejections - 35 USC § 103 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. 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. 07-23-aia AIA 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. 07-21-aia AIA Claim (s) 5,13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deliwala as applied to claims 1-4,6,7,9,11 and further in view of US 2004/0121507 A1 to Bude et., al (hereinafter " Bude ") . Regarding claim 5, Deliwala discloses the multi-wavelength emitting structure. Deliwala differs from the claimed invention because he does not explicitly disclose a device wherein along the axis, a polarity of the first active region is opposite to a polarity of the second active region. Bude discloses wherein along the axis, a polarity of the first active region is opposite to a polarity of the second active region (along an axis of a photodetector having an array of active regions, the active regions are established with opposing polarities; abstract; para [0104]-[0109]). Bude is evidence that ordinary workers skilled in the art would find reasons, suggestions or motivations to modify the device of Deliwala. Therefore, at the time the invention was made; It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Bude in the device of Deliwala to gain the advantages of ensuring that there are always high fields that accelerate the generated photocarriers so that the drift transit time is minimized (see BUDE para [0109]). Regarding claim 13, Deliwala discloses the multi-wavelength photodetector structure. Deliwala differs from the claimed invention because he does not explicitly disclose wherein along the axis, a polarity of the first active region is opposite to a polarity of the second active region. Bude discloses wherein along the axis, a polarity of the first active region is opposite to a polarity of the second active region (along an axis of a photodetector having an array of active regions, the active regions are established with opposing polarities; abstract; para [0104]-[0109]). It would have been obvious at the time of the invention to have modified the active regions of ANALOG to include wherein along the axis a polarity of the first active region is opposite to a polarity of the second active region as taught by Bude to gain the advantages of ensuring that there are always high fields that accelerate the generated photocarriers 50 that the drift transit time is minimized ( see Bude para [0109]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC-ANTHONY ARMAND whose telephone number is (571)272-5178. The examiner can normally be reached 8am-5pm. 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, Steven B Gauthier can be reached at 571-270-0373. 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. MARC - ANTHONY ARMAND Primary Examiner Art Unit 2813 /MARC-ANTHONY ARMAND/ Primary Examiner, Art Unit 2813 Application/Control Number: 18/698,955 Page 2 Art Unit: 2813 Application/Control Number: 18/698,955 Page 3 Art Unit: 2813 Application/Control Number: 18/698,955 Page 4 Art Unit: 2813 Application/Control Number: 18/698,955 Page 5 Art Unit: 2813 Application/Control Number: 18/698,955 Page 6 Art Unit: 2813 Application/Control Number: 18/698,955 Page 7 Art Unit: 2813 Application/Control Number: 18/698,955 Page 8 Art Unit: 2813 Application/Control Number: 18/698,955 Page 9 Art Unit: 2813 Application/Control Number: 18/698,955 Page 10 Art Unit: 2813 Application/Control Number: 18/698,955 Page 11 Art Unit: 2813 Application/Control Number: 18/698,955 Page 12 Art Unit: 2813 Application/Control Number: 18/698,955 Page 13 Art Unit: 2813 Application/Control Number: 18/698,955 Page 14 Art Unit: 2813 Application/Control Number: 18/698,955 Page 15 Art Unit: 2813 Application/Control Number: 18/698,955 Page 16 Art Unit: 2813
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