dateDETAILED 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 .
Priority
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. (See 37 CFR 41.154(b) and 41.202(e).) Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Information Disclosure Statement
The amount of translated material from the following was insufficient to be used: “Semiconductor Optical Amplifier” by (Koyama), “Semiconductor Optical Amplifier with Low Noise Figure” (Hasegawa), and Diode Lasers and Photonic Integrated Circuits (Coldren). As such, these references were not considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(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.
Claims 4-6 are 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 4 recites “wherein a number of layers is different between the first active layer… and the second active layer…” which is unclear due to the following:
The plain meaning of the claim is unclear. The phrase “is different” implies a comparison. However, there is no recited element from which “a number of layers is different,” rendering the comparison unclear.
The phrase “number of layers” is mentioned twice in the description [0071, 0074], and neither occurrence clarifies its meaning in Claim 4.
This renders Claim 4 indefinite. For examination,
the first and second layers each comprise at least one layer, and
a number of layers in the first active layer differs from a number of layers in the second active layer.
Claim 5 recites “wherein a structure is different between the first active layer… and the second active layer…” Since there is no recited element to which to compare “a structure,” this is unclear, thereby rendering Claim 5 indefinite. For examination, a structure of the first active layer differs from a structure of the second active 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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nitsuta (JP 2891753 B2 –paragraph numbers added after translation).
Regarding Claim 1, Nitsuta discloses A semiconductor optical amplifier [0050-0052, Fig. 1] comprising:
a waveguide layer through which a light propagates [0050, #3 of Fig. 1]; and
a plurality of active layers having a higher average refractive index than the waveguide layer [0050, #2 and #4 of Fig. 1], to amplify a light [0052], wherein
the plurality of active layers has at least a first active layer stacked on an upper surface of the waveguide layer [0050, #4 over #3 in Fig. 1] and a second active layer stacked on a lower surface of the waveguide layer [0050, #2 under #3 in Fig. 1].
Regarding Claim 2, Nitsuta discloses wherein a stacked structure of the waveguide layer and the plurality of active layers is asymmetrical with respect to a central plane of the stacked structure in a thickness direction [0050-0052, #1 visibly thicker than #5 in Fig. 1, so #2-4 are off-center].
Regarding Claim 3, Nitsuta discloses wherein the first active layer has a first distance to a central plane of the waveguide layer in the thickness direction, and the first distance is different from a second distance of the second active layer to the central plane of the waveguide layer in the thickness direction [0050-0052, #2-4 off-center in Fig. 1, so #2 and #4 inherently have different distances to center].
Regarding Claim 4, Nitsuta discloses wherein a number of layers is different between the first active layer stacked on the upper surface of the waveguide layer and the second active layer stacked on the lower surface of the waveguide layer [0045, plurality of active layers may be divided into either first or second active layers, so number of layers may differ].
Regarding Claim 5, Nitsuta discloses wherein a structure is different between the first active layer stacked on the upper surface of the waveguide layer and the second active layer stacked on the lower surface of the waveguide layer [0087-0089, “each of the first and second active layers… may have any structure…” and thereby differ].
Regarding Claim 6, Nitsuta discloses wherein the active layers include at least one of a bulk structure, a single quantum well structure, a multiple quantum well structure, a single quantum dot structure, and a multiple quantum dot structure [0087].
Regarding Claim 7, Nitsuta discloses wherein the waveguide layer is one of a plurality of waveguide layers [0070, #62-64 of Fig. 5], the plurality of waveguide layers includes a first waveguide layer located at a lowest position of the plurality of waveguide layers [0070, #62 of Fig. 5], and a second waveguide layer located at a highest position of the plurality of waveguide layers [0070, #64 of Fig. 5], and the plurality of active layer has a first active layer stacked on a lower surface of the first waveguide layer [0070, #61 of Fig. 5], a second active layer stacked on an upper surface of the second waveguide layer [0070, #65 of Fig. 5], and a third active layer stacked between the first waveguide layer and the second waveguide layer [0045, plurality of active layers].
Regarding Claim 8, Nitsuta discloses wherein the waveguide layer has a refractive index that changes depending on a position in a thickness direction [0070, #63 of Fig. 5 has greater doping amount than #62 or #64, which inherently changes refractive index].
Regarding Claim 9, Nitsuta discloses wherein the waveguide layer has a refractive index that changes stepwise [0070, #62-64 of Fig. 5].
Regarding Claim 10, Nitsuta discloses wherein the waveguide layer has an upper surface layer portion [0070, #64 of Fig. 5], a central portion [0070, #63 of Fig. 5], and a lower surface layer portion in the thickness direction [0070, #62 of Fig. 5], and the refractive index of the waveguide layer is higher in the central portion than in the upper surface layer portion and the lower surface layer portion [0070, #63 has greater doping amount than #62 or #64 in Fig. 5].
Regarding Claim 11, Nitsuta discloses wherein the waveguide layer has a refractive index that changes continuously [0091].
Relevant Prior Art
In addition to applicant-provided prior art and the prior art used above, the examiner identified the following relevant prior art:
Yamada (US 2023/0327406) discloses a multi-layer active structure for broadband amplification. Exceptions under 102(b) likely apply, so Yamada is not considered for examination. If priority is perfected, Yamada will not be prior art.
Sugawara (US 2002/0171920) is the first public US patent application disclosing using quantum dots in semiconductor optical amplifiers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ALEX DECARIA whose telephone number is (571)270-0565. The examiner can normally be reached Monday-Thursday, 6:45 a.m. - 5:15 p.m..
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/MAD/Examiner, Art Unit 3645
/JAMES R HULKA/Primary Examiner, Art Unit 3645
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