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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the artifacts mentioned below must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1 requires “a light incident surface” (line 7) and “an end surface” (line 8) that is adjacent to the light incident surface, both which are not shown and/or not labelled in the figures. Similarly, claims 3, 4, 9, 10 and 11 require a light incident surface with specific limitations, such as the width of an end surface of the absorption layer adjacent to the light incident surface is smaller than a width of other portions of the absorption layer, as recited in claim 3, or the first absorption layer is located between the second absorption layer and the light incident surface, as recited in claim 10. Furthermore, claims 5 and 6 require “an orthographic projection of the absorption layer” (claim 5, lines 1-2) and “a center line of the absorption layer” (claim 6, line 3) and “a center line of the waveguide layer,” (claim 6, line 4) which is not shown and/or labelled in the figures.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 12 is 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.
Claim 12 requires two waveguide layers, i.e., a first waveguide layer and a second waveguide layer, with the second waveguide layer being embedded in the first waveguide layer and with an upper surface of the second waveguide layer being higher than an upper surface of the first waveguide layer. These two limitations are contradicting each other. The upper surface of the second waveguide layer cannot be higher to an upper surface of the first waveguide layer and at the same time be embedded in the first waveguide layer. For the purpose of compact prosecution, the examiner will cite art that teaches the upper surface of the second waveguide layer being lower than the upper surface of the first waveguide layer.
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.
Claims 1-8 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Furukawa (JP H09139520A; see NPL for English translation and FOR mailed on 03 June 2024).
Regarding claim 1, Furukawa teaches a photoelectric detector (10), comprising:
a waveguide layer (16 & 26; see Fig. 4);
an absorption layer (24), located on an upper surface of the waveguide layer or at least partially embedded in the waveguide layer (Fig. 4c shows 24 embedded in 16 & 26); and
a cladding material (14 & 28), covering top portions (top surface of 26; see Fig. 4) and side walls (slanted walls of 26 and 24 are sidewalls of the waveguide layer and absorption layer, respectively; Fig. 4C shows 28 covering both sidewalls) of the waveguide layer and the absorption layer,
wherein at least one end surface (light-receiving end face described in ¶ [0002], [0022] of English translation; ) of the photoelectric detector is a light incident surface (¶ [0002], [0022]; arrow in Fig. 4 shows direction of light), and a thickness (thickness of right portion of 24) of an end surface (right vertical surface of 24) of the absorption layer adjacent to the light incident surface is smaller than a thickness (thickness of the left portion of 24) of other portions (left portion of 24) of the absorption layer (see also ¶ [0019] ).
Regarding claim 2, the photoelectric detector according to claim 1, wherein a thickness (¶ [0017]: 16 is 3 μm thick) of the waveguide layer is greater than a thickness (¶ [0017]: 14 is 2 μm thick) of the cladding material.
Regarding claim 3, the photoelectric detector according to claim 1, wherein a width (transversal width of 24; see Abstract) of an end surface of the absorption layer adjacent to the light incident surface is smaller than a width of other portions of the absorption layer (abstract: “transversal width and thickness of the layer 24 are contracted in the traveling direction of light”).
Regarding claim 4, the photoelectric detector according to claim 1, wherein a width of an end surface of the waveguide layer adjacent to the light incident surface is greater than a width of other portions of the waveguide layer (¶ [0022]: “[A]s the light progressed through the optical contraction section 20, the width of the optical waveguide layers 16 and 26 narrowed, and as the thickness of the optical absorption layer 24 with a high refractive index increased”; also see Fig. 2).
Regarding claim 5, the photoelectric detector according to claim 1, wherein an orthographic projection (vertical projection from the top surface of 24 in Fig. 4c) of the absorption layer on an upper surface (top surface of 26) of the waveguide layer is at least partially located within the upper surface of the waveguide layer (abovementioned projection falls onto the top surface of 26).
Regarding claim 6, the photoelectric detector according to claim 5, wherein the orthographic projection (vertical projection from the top surface of 24 in Fig. 4c) of the absorption layer on the upper surface of the waveguide layer is located within the upper surface of the waveguide layer (abovementioned projection falls onto the top surface of 26), and a center line (middle of 24 measured along the horizontal axis of Fig. 4c) of the absorption layer is deviated (horizontally offset) from a center line (middle of 16 & 26 measured along the horizontal axis of Fig. 4c) of the waveguide layer.
Regarding claim 7, the photoelectric detector according to claim 5, wherein the orthographic projection (vertical projection from the top surface of 24 in Fig. 4c) of the absorption layer on the upper surface of the waveguide layer is partially located within the upper surface of the waveguide layer (abovementioned projection falls onto the top surface of 26), and a center line (middle of 24 measured along the horizontal axis of Fig. 4c) of the absorption layer is deviated (horizontally offset) from a center line (middle of 16 & 26 measured along the horizontal axis of Fig. 4c) of the waveguide layer.
Regarding claim 8, the photoelectric detector according to claim 1, wherein the waveguide layer is inclined at a preset angle (Fig. 4c shows 26 inclined at an angle at the portion 20 of the device) with respect to an extending direction (horizontal direction of Fig. 4c) of the absorption layer (24 extends along the horizontal direction).
Claims 10-11 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by Furukawa (JP H09139520A; see NPL for English translation and FOR mailed on 03 June 2024) as evidenced by Kuroda (US 5,121,182 A).
Regarding claim 10, Furukawa teaches the photoelectric detector according to claim 1, wherein the absorption layer (24) comprises a first absorption layer (region of 24 within portion 20), and a second absorption layer (region of 24 within portion 22), the first absorption layer and the second absorption layer are integrally connected (see Fig. 4c), the first absorption layer is located between the second absorption layer and the light incident surface (20 is between 22 and 18), and a light energy absorption rate of the first absorption layer is lower than a light energy absorption rate of the second absorption layer (region of 24 within 20 is thinner than the region within 22; as evidenced by Kuroda, see Abstract, thickening the absorption layer in a traveling direction of light corresponds to a gradual increase in the absorption coefficient of light).
Regarding claim 11, Furukawa teaches the photoelectric detector according to claim 1, wherein a light energy absorption rate (Fig. 4c shows 24 gradually getting thicker from the right); as evidenced by Kuroda, see Abstract, thickening the absorption layer in a traveling direction of light corresponds to a gradual increase in the absorption coefficient of light) of the absorption layer is gradually increased along a direction (horizontal direction from the right; see Fig. 4c) away from the light incident surface.
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.
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Furukawa (JP H09139520A; see NPL for English translation) as applied to claim 1 above, and further in view of Cui (CN 113437160 A; see NPL for English translation).
Regarding claim 9, Furukawa teaches the photoelectric detector according to claim 1, but does not teach: wherein an end surface of the waveguide layer adjacent to the light incident surface is formed in a step shape.
Cui, in the same field of invention, teaches a device wherein an end surface (left side of 2 in Fig. 2) of the waveguide layer (2) adjacent to the light incident surface (light travels in the direction of the arrow) is formed in a step shape (21 & 22 are step shaped).
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Cui into the device of Furukawa to make the waveguide layer have a step shape at an end surface adjacent to the light incident surface. The ordinary artisan would have been motivated to modify Furukawa in the manner set forth above for at least the purpose of improving the bandwidth and responsivity of the device (Cui ¶ [0026] of the English translation).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Furukawa (JP H09139520A; see NPL for English translation) as applied to claim 1 above, and further in view of Yasuoka (JP 2019054029 A; see NPL for English translation).
Regarding claim 12, Furukawa teaches photoelectric detector according to claim 1, but does not teach: wherein the waveguide layer comprises a first waveguide layer, and a second waveguide layer, the second waveguide layer is embedded in the first waveguide layer, an upper surface of the second waveguide layer is higher than an upper surface of the first waveguide layer, and the absorption layer is located on the upper surface of the second waveguide layer or is at least partially embedded in the second waveguide layer.
Yasuoka, in the same field of invention, teaches a device wherein the waveguide layer (2; ¶ [0018] ) comprises a first waveguide layer (2B), and a second waveguide layer (2A), the second waveguide layer is embedded in the first waveguide layer (see Figs. 1-2 and ¶ [0018]), an upper surface (lower surface of 2A, when Fig. 1B is turned upside-down becomes an upper surface) of the second waveguide layer is higher (said surface is lower than the upper surface of 2B; see also 112(b) rejection above) than an upper surface (lower surface of 2B) of the first waveguide layer, and the absorption layer (3) is located on the upper surface of the second waveguide layer (3 is set on the lower surface of 2A; see Fig. 1B and ¶ [0018] ) or is at least partially embedded in the second waveguide layer.
A person of ordinary skill in the art, prior to the effective date of the claimed invention, will find it obvious to combine the teachings of Yasuoka into the device of Furukawa to have the waveguide layer be comprised of two layers, with the second layer being embedded in the first waveguide layer such that the upper surface of the second layer being lower than the first waveguide layer, and such that the absorption layer is located on the upper surface of the second waveguide layer. The ordinary artisan would have been motivated to modify Yasuoka in the manner set forth above for at least the purpose of improving the sensitivity of the device (Yasuoka ¶ [0018] ).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS YAP whose telephone number is (703)756-1946. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM ET.
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/DOUGLAS YAP/Assistant Examiner, Art Unit 2899
/JOHN M PARKER/Primary Examiner, Art Unit 2899
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