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 Objections
Claim 1, 4, 5, 8-10 objected to because of the following informalities:
Claim 1 recites only “epitaxial semiconductor layer sequence”, however the dependent claims recite either “epitaxial semiconductor layer sequence” or “semiconductor layer sequence”. Common terminology recommended between the claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 1-15 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. The claims will be examined as best understood.
Claim 1 recites “wherein the epitaxial semiconductor layer sequence comprises a first main surface and a second main surface opposite to the first main surface, each of which is configured for coupling in and for coupling out electromagnetic radiation”. Not clear from the claims or the specification what is meant by the term coupling. Does coupling indicate only that light/EM radiation is impinging on or traveling through the layers? Does coupled indicate an interaction with layers? How is the light/EM radiation coupled?
Claims 11 and 14 recites similar limitations involving the term “coupled” and are similarly rejected.
Claim 7 recites the limitation "the same forward direction". There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitations “the counter propagating transmission signal", “the photocurrents”. There is insufficient antecedent basis for these limitation in the claim.
Claim 14 recites “is superimposed there”. Not clear what part or device is referred to by the term “there”.
Claim 6 and 7 recite “wherein two active layers”. The limitation “two active layers is recited in claim 1, are these the same or different from those layers?
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 11, 12 rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Daghighian et al (US 20090196631)
In regards to claim 11, Daghighian discloses a lidar module, comprising:
an epitaxial semiconductor layer sequence ([0054] “The detector structure 300 can be fabricated…temperature deposition techniques including plasma enhanced chemical vapor deposition ("PECVD") and/or metal organic CVD ("MOCVD")”) with at least two active layers that are configured for absorbing electromagnetic radiation having a wavelength L1 (Fig. 3B, [0022] discloses detector, ref. 354, 360 active layer [0066] “first detector 354, periodic structure 356, second buffer layer 358, and second detector 360”, [0006] light detectors which receive/absorb light having a wavelength, [0068] discloses wavelength detector),
wherein the epitaxial semiconductor layer sequence comprises a first main surface (Fig. 3b surface of ref. 354 seen as ref. 374) and a second main surface opposite to the first main surface (Fig. 3B surface of ref. 356 seen as ref. 372), each of which is configured for coupling in and for coupling out electromagnetic radiation (refs. 354 and 360 are coupled via light/electromagnetic radiation towards to active layers),
at least three electrical terminal contacts (Fig. 3B ref. 370, 364, 366) that are configured for electrically contacting the active layers (refs. disclosed as contacts/electrodes), wherein one electrical terminal contact is arranged between two active layers (ref. 364 orientation as seen in Fig. 3B),
a laser light source configured for generating coherent electromagnetic radiation at the wavelength L1 (abstract, [0025] discloses laser), wherein electromagnetic radiation generated during operation by the laser light source is coupled into the epitaxial semiconductor layer sequence via the first main surface and is coupled out via the second main surface (refs. 354 and 360 are coupled via light/electromagnetic radiation towards to active layers).
In regards to claim 12, Daghighian discloses the lidar module according to claim1, wherein the laser light source comprises a surface-emitting semiconductor layer sequence (Fig. 3B ref. 351), wherein the surface-emitting semiconductor layer sequence and the epitaxial semiconductor layer sequence of the detector element form a monolithic semiconductor layer stack (as seen in Fig. 3B).
Claim Rejections - 35 USC § 103
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.
Claim 1, 3, 7-10 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian in view of Okumura et al (US 20190221693).
In regards to claim 1, Daghighian discloses a detector element, comprising:
an epitaxial semiconductor layer sequence ([0054] “The detector structure 300 can be fabricated…temperature deposition techniques including plasma enhanced chemical vapor deposition ("PECVD") and/or metal organic CVD ("MOCVD")”) with at least two active layers (Fig. 3B, [0022] discloses detector, ref. 354, 360 active layer [0066] “first detector 354, periodic structure 356, second buffer layer 358, and second detector 360”) that are configured for absorbing electromagnetic radiation having a wavelength L1 ([0006] light detectors which receive/absorb light having a wavelength, [0068] discloses wavelength detector),
wherein the epitaxial semiconductor layer sequence comprises a first main surface (Fig. 3b surface of ref. 354 seen as ref. 374) and a second main surface (Fig. 3B surface of ref. 356 seen as ref. 372) opposite to the first main surface (surfaces are on opposite sides of intermediate layer), each of which is configured for coupling in and for coupling out electromagnetic radiation (refs. 354 and 360 are coupled via light/electromagnetic radiation towards to active layers), and
at least three electrical terminal contacts (Fig. 3B ref. 370, 364, 366) that are configured for electrically contacting the active layers (refs. disclosed as contacts/electrodes),
wherein one electrical terminal contact (ref. 364) is arranged between two active layers (between layers as seen in Fig. 3B),
wherein during operation of the detector element, a transmission signal is coupled in via the first main surface (as seen in Fig. 1 arrow indicates direction of light towards layer ref. 4) and is coupled out via the second main surface (arrow indicates direction of light towards past layer ref. 4 and out via lay ref. 6), and
while Daghighian suggests an incoming signal, Daghighian does not expressly disclose: a receiving signal is coupled in via the second main surface.
Okumura teaches an incoming /receiving signal which travels through the main and secondary surfaces (Fig. 1, arrow referenced IR impinging upon ref. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Okumura by providing the means for whereby the receiving signal is coupled in via the second main surface in order to for the return signal to be incident upon the device to provide a greater light return signal.
In regards to claim 3, Daghighian as combined discloses the detector element according to claim 1, wherein at least one active layer comprises a multiple quantum well structure (Okumura abstract, claim 1 “a first light receiving layer that is formed on the lower contact layer and has a quantum well structure”).
In regards to claim 7, Daghighian as combined discloses the detector element according to claim 1, wherein two active layers (detailed in claim 1 rejection), between which an electrical terminal contact (detailed in claim 1 rejection) is arranged, are formed as photodiodes with the same forward direction (Daghighian refs. 354 and 360 disclosed as detectors, directional in Fig. 3B at least), and a tunnel diode is arranged between the two active layers (Daghighian refs. 370, 364, 366).
In regards to claim 8, Daghighian as combined discloses the detector element according to claim 1, but does not expressly disclose: wherein thicknesses (D) of the active layers increase or decrease in a growth direction of the epitaxial semiconductor layer sequence (Daghighian the deposition would increase or decrease in the growth direction).
In regards to claim 9, Daghighian as combined discloses the detector element according to claim 1, wherein the epitaxial semiconductor layer sequence has a thickness such that an optical path length of electromagnetic radiation with a wavelength L1 between the first main surface and the second main surface of the epitaxial semiconductor layer sequence corresponds to an integer multiple of the wavelength L1. However, it would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to provide the epitaxial semiconductor layer sequence has a thickness between the first main surface and the second main surface that corresponds to an integer multiple of the wavelength L1 in order to control sensitivity of the detector, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regards to claim 10, Daghighian as combined discloses the detector element according to claim 1, but does not expressly disclose: wherein the semiconductor layer sequence comprises at least three active layers, However, it would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to provide the means for the semiconductor layer sequence to comprise at least three active layers in order to allow sensitivity to greater number of wavelengths, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Daghighian does not expressly disclose: an average distance A2 between two neighboring active layers, between which no electrical terminal contact is arranged, is A2 = L1*m/(2*n), where n is an average refractive index of the semiconductor layer sequence and m is a positive integer. However, Daghighian discloses an equivalence of modifying the distance between two active layers (Fig. 3A, [0062] “the thickness of each of the multiple periodic layers of the periodic structure 308 determines the wavelength bandpass of the periodic structure 308. Consequently, the periodic structure 308 can be tuned to a particular wavelength bandpass by using an appropriate thickness for each of the multiple periodic layers”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian by providing a distance A2 between two neighboring active layers, between which no electrical terminal contact is arranged, is chosen in regards to wavelengths that the detector may receive from targets.
Claim 2 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian, Okumura as applied to claim 1 above, and further in view of Kang et al (US 20110096134).
In regards to claim 2, Daghighian discloses the detector element according to claim1, but does not expressly disclose: wherein each active layer comprises at least one p-doped semiconductor layer and at least one n-doped semiconductor layer forming a photodiode.
Kang teaches an active layer composed of a p-doped semiconductor layer ([0079] “The active layer 133 may be formed of a P-doped, N-doped, or non-doped compound semiconductor”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with kang by providing the means for each active layer to comprise at least one p-doped semiconductor layer and at least one n-doped semiconductor layer forming a photodiode as is well known in the art.
Claim 4 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian, Okumura as applied to claim 1 above, and further in view of Liu et al (US 20090095882).
In regards to claim 4, Daghighian discloses the detector element according to claim 1, but does not expressly disclose: wherein the active layers have thicknesses that are less than a quarter of the wavelength L1/n in the semiconductor layer sequence, where n is an average refractive index of the semiconductor layer sequence.
Liu teaches thickness of material layers of a photodetector based upon wavelength and refractive index of the material ([0074] “In order to achieve high pixel resolution at sub-wavelength region… a structure as small as a few hundreds of nanometers diameter (see FIG. 1) can form an effective channel waveguide that has a single-mode waveguide size of .lamda.(2*n), where n is the refractive index”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Liu by providing wherein the active layers have thicknesses that are less than a quarter of the wavelength in the semiconductor layer sequence such that the active layers are able to receive a signal strength with improved detection efficiency and resolution.
Claim 5 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian, Okumura as applied to claim 1 above, and further in view of Dougakiuchi et al (US 20170243994).
In regards to claim 5, Daghighian discloses the detector element according to claim 1, but does not expressly disclose: wherein an average distance A1 between two active layers, between which an electrical terminal contact is arranged, is A1=L1*(2*m-1)/(4*n), where n is an average refractive index of the semiconductor layer sequence and m is a positive integer.
Dougakiuchi teaches modifying the distance of layers within a detector, the detector having active layers, based on the refractive index of an active layer material ([0080] “The confinement of light to the active layer 15 in the quantum cascade detector 1A of the above configuration depends on configuration conditions such as the refractive index of each of the active layer 15 and the cladding layers 21, 26, the layer thicknesses of the cladding layers 21, 26, and the layer thickness of the active layer 15”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Dougakiuchi by providing the average distance between two active layers, between which an electrical terminal contact is arranged, is a positive integer such that the active layers are able to receive a greater signal strength.
Claim 6 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian, Okumura as applied to claim 1 above, and further in view of Williams et al (US 20170356769).
In regards to claim 6, Daghighian discloses the detector element according to claim 1, wherein two active layers (detailed in claim 1 rejection above), between which an electrical terminal contact is arranged (detailed in claim 1 rejection above), but does not expressly disclose: [the two active layers] are formed as photodiodes with opposite forward direction.
Williams teaches sensors which are oriented facing opposite directions ([0044] “the sensor cavities 204d and 204f are structured so that the sensors face in opposite directions”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Williams by providing the two active layers are formed as photodiodes with opposite forward direction in order to receive reflected light from a greater number of directions.
Claim 13 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian in view of Kang.
In regards to claim 13, Daghighian discloses the lidar module according to claim 11, but does not expressly disclose: wherein a plurality of detector elements are arranged on a transparent carrier and form a two-dimensional detector array.
Kang teaches an 2D array of elements formed/arranged on a transparent carrier/substrate (Fig. 7F ref. 550 carrier with refs. 530 formed on creating a 2D array).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Kang by providing the means for a plurality of detector elements to be arranged on a transparent carrier and form a two-dimensional detector array in order to allow a greater area of sensing and greater number of detectors.
Claim 14, 15 rejected under 35 U.S.C. 103 as being unpatentable over Daghighian in view of Lardin et al (US 20160377721).
In regards to claim 14, Daghighian discloses a method for operating a lidar module comprising the following steps: transmitting a transmission signal ([abstract laser, [0016]),
wherein the transmission signal comprises a frequency-modulated electromagnetic wave with a wavelength L1 generated by a laser light source ([0016] “separate monolithic detector structures are implemented in a laser with managed chirp that includes an optical light source configured to emit light in the 1550 nanometer range”), which passes through a detector element (Fig. 3B refs. 354, 360) and is subsequently at least partially reflected by an external object (the light is capable of being reflected by objects/target),
wherein the detector element comprises an epitaxial semiconductor layer sequence with at least two active layers that are configured for absorbing the electromagnetic radiation with the wavelength L1, and the epitaxial semiconductor layer sequence ([0054] “The detector structure 300 can be fabricated…temperature deposition techniques including plasma enhanced chemical vapor deposition ("PECVD") and/or metal organic CVD ("MOCVD")”) comprises a first main surface (Fig. 3b surface of ref. 354 seen as ref. 374) and a second main surface (Fig. 3B surface of ref. 356 seen as ref. 372) opposite to the first main surface (as seen in Fig. 3B, wherein the transmission signal is coupled into the detector element via the first main surface (refs. 354 and 360 are coupled via light/electromagnetic radiation towards to active layers),
Daghighian does not expressly disclose: receiving a receiving signal that comprises the transmission signal that is at least partially reflected by an external object.
Lardin teaches a distance measurement device which uses light emitted to and reflected from a target ([0024] discloses Lidar system).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify, with the reasonable expectation of success, Daghighian with Lardin by providing the means for the device of Daghighian for receiving a receiving signal that comprises the transmission signal that is reflected by an external object in order to measure distance to the object as is well known in the art as well as providing a compact emission and receiving device.
Daghighian as combined further discloses:
wherein the receiving signal is coupled into the detector element via the second main surface (Daghighian as combined, Daghighian refs. 354 and 360 are coupled via light/electromagnetic radiation towards to active layers) and is superimposed there with the counter-propagating transmission signal (as seen at least in Fig. 2 of Lardin reflected signal combined/superimposed with reference signal), whereby a standing electromagnetic wave is formed (as seen at least in Fig. 2 of Lardin reflected signal combined/superimposed with reference signal creating a standing wave), differentially measuring a beating frequency of the standing electromagnetic wave (15) by measuring the photocurrents of the active layers (Daghighian as combined, Daghighian discloses layers) with a differential amplifier (Lardin at least in [0024] “as seen at least in Fig. 2 of Lardin reflected signal combined/superimposed with reference signal”, [0095] amplifier), and determining a distance to the external object from the beating frequency (Lardin [0024]).
In regards to claim 15, Daghighian discloses the method for operating a lidar module according to claim 14, wherein a systematic difference in intensity of the electromagnetic radiation in the active layers is compensated by a dynamic circuit (Daghighian as combined, Daghighian disclose [0032] feedback system for device, “allows the microcontroller 105 to optimize the dynamically varying performance of the transceiver 100”, thus comprising dynamic circuit, Lardin [0095]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure cited on PTO 892. The cited references display monolithic transceivers and integral receiver/detector units.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICENTE RODRIGUEZ whose telephone number is (571)272-4798. The examiner can normally be reached M-TH 7-5.
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, JOSHUA HUSON can be reached at 571-270-5301. 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.
/V.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights