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 .
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.
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.
Claims 1-20 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.
Regarding claim 1: Claim 1 recites the limitations “a plurality of conversion structures”, and “a conversion structure is arranged downstream of each output waveguide and configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength”. It is unclear whether this describes each output waveguide having a respective conversion structure downstream of it or each output waveguide being connected to a same first conversion structure. If the former, it is also unclear whether each conversion structure is configured to convert electromagnetic radiation of a same first wavelength to electromagnetic radiation of a same second wavelength, or if each conversion structure is configured to convert electromagnetic radiation of a respective first wavelength to electromagnetic radiation of a respective second wavelength. The limitation “the electromagnetic radiation exits the distribution structure through the output waveguides” adds to the ambiguity because it is unclear how the electromagnetic radiation exiting through the output waveguides is portioned among the output waveguides. Is it separated by wavelength? Is it the same distribution of wavelengths? The present invention appears to provide support for multiple interpretations (see Figs. 13-15 and paragraphs 0119-0120). For the purpose of examination, the claim is interpreted to refer to a respective conversion structure for each output waveguide wherein each conversion structure has a respective first wavelength and a respective second wavelength.
Also regarding claim 1: “the input waveguide” lacks proper antecedent basis, since claim 1 includes “at least one input waveguide”. For the purpose of examination, it is interpreted as “the at least one input waveguide”.
Regarding claims 3, 5, 6, 11, 17, and 18: A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For the purpose of examination, the claims are interpreted as requiring the broader limitations but not the narrower limitations.
Regarding claim 3: In the present instance, claim 3 recites the broad recitation “at most 2 nm”, and the claim also recites “preferably at most 1 nm” which is the narrower statement of the range/limitation.
Regarding claim 5: In the present instance, claim 5 recites the broad recitation “at least 25 nm”, and the claim also recites “preferably at least 50 nm” and “particularly preferably at least 100 nm” which are the narrower statements of the range/limitation.
Regarding claim 6: In the present instance, claim 6 recites the broad recitation “at least 500 Hz”, and the claim also recites “preferably at least 1 kHz” and “particularly preferably at least 2 kHz” which are the narrower statements of the range/limitation.
Regarding claim 11: In the present instance, claim 11 recites the broad recitation “at least 0.5 GHz”, and the claim also recites “preferably at least 1 GHz” and “particularly preferably at least 10 GHz” which are the narrower statements of the range/limitation.
Regarding claim 17: In the present instance, claim 17 recites the broad recitation “III/V semiconductor compound material” and the claim also recites “in particular identical to the semiconductor component”. This is additionally unclear because it is unclear whether the semiconductor component is also required by the claim to be a III/V semiconductor material regardless of what the distribution structure is made of. For the purpose of examination, the claim is not considered to limit the material of the semiconductor component.
Regarding claim 18: In the present instance, claim 18 recites the broad recitation “at least 10… output waveguides”, and the claim also recites “preferably at least 30… output waveguides” and “particularly preferably at least 100 output waveguides” which are the narrower statements of the range/limitation.
Regarding claim 12: The bounds of “the blue spectral range” are unclear. What are the cutoff wavelengths? For the purpose of examination, “the blue spectral range” is interpreted as 400-500 nm.
Regarding claims 2-20: Dependent claims 2-20 inherently contain all of the deficiencies of any base and/or intervening claims from which they depend.
Note: The following rejections are based upon the claims as best understood by Examiner.
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.
Claims 1-2, 4-6, 9, 13, 15, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nicolaescu (US 2019/0391243; hereinafter Nicolaescu).
Regarding claim 1: Nicolaescu disclosesAn optoelectronic module comprising: a semiconductor component (Fig. 24, laser 2401; see paragraph 0099; alternatively, Fig. 2, in the embodiment of Fig. 48, single mode laser 111) configured to emit electromagnetic radiation, a distribution structure (Fig. 24, MMI 2402; alternatively, distribution structure comprising filters 116 and 119 shown in Fig. 3 and wavelength selective coupler 4804 in Fig. 48) comprising a plurality of distribution elements (see annotated Fig. 24 below; alternatively, filters 116 and 119 in Fig. 3 and wavelength selective coupler 4804 are distribution elements), at least one input waveguide (see annotated Fig. 24 below; alternatively, Fig. 3, waveguide at the input side of 116 toward laser 111) and a plurality of output waveguides (see annotated Fig. 24 below; alternatively Fig. 48, waveguide between laser module 4801 and WSC 4803 is one output waveguide, and waveguide between WSC 4804 and WSC 4806 is a second output waveguide), and a plurality of conversion structures (I/Q modulators 2403; alternatively, in Fig. 48, first conversion structure comprising WSC 4803 and ring resonator 4802 and second conversion structure comprising WSC 4806 and ring resonator 4805), whereinthe distribution elements, the at least one input waveguide, and the output waveguides are monolithically integrated on a substrate (see paragraphs 0025 and 147-150; alternatively, see paragraphs 0196 and 0025-0028), the electromagnetic radiation emitted by the semiconductor component enters the distribution structure through the input waveguide (Fig. 24 shows that the input waveguide is between the laser and the distribution structure; therefore, the electromagnetic radiation emitted by the semiconductor component enters the distribution structure through the input waveguide; alternatively, Fig. 3 shows that the input waveguide is between the laser and the distribution structure; therefore, the electromagnetic radiation emitted by the semiconductor component enters the distribution structure through the input waveguide), the electromagnetic radiation exits the distribution structure through the output waveguides (Fig. 24 shows that the output waveguides are located at the output side of the distribution structure; therefore the electromagnetic radiation exits the distribution structure through the output waveguides; alternatively, light travels through each of the output waveguides of Fig. 48 to exit the distribution structure and therefore electromagnetic radiation exits the distribution structure through the output waveguides), and a conversion structure is arranged downstream of each output waveguide and configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength (Fig. 24 shows that an IQ modulator is arranged downstream of each output waveguide; paragraph 0148 teaches that the I/Q modulators convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength; alternatively, WSC 4803 and ring resonator 4802 are downstream of the first output waveguide and are configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength, as described in paragraph 0196, and WSC 4806 and ring resonator 4805 are downstream of the second output waveguide and are configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength).
Annotated Fig. 24:
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Regarding claim 2: Nicolaescu disclosesThe optoelectronic module according to claim 1 (as applied above), wherein the distribution elements are passive and wavelength-selective filter elements (see paragraph 0168, the MMI is a passive element and its output ports are inherently wavelength selective filter elements; additionally, the WSCs and ASE filters are passive and wavelength-selective filter elements).
Regarding claim 4: Nicolaescu disclosesThe optoelectronic module according to claim 2 (as applied above), wherein the semiconductor component is configured to emit coherent radiation (the lasers inherently emit coherent radiation) having a modulatable main wavelength (see Fig. 24, the IQ modulators modulate the main wavelength, so the main wavelength emitted by the semiconductor component is considered to be modulatable; additionally, see paragraph 0100 for means for modulating the main wavelength).
Regarding claim 5: Nicolaescu discloses the optoelectronic module according to claim 4, as applied above. Regarding the limitation “the main wavelength of the electromagnetic radiation emitted by the semiconductor component can be modulated in a spectral range over a bandwidth of at least 25 nm, preferably of at least 50 nm and particularly preferably of at least 100 nm, the spectral range including a wavelength of 447 nm”, Applicant has not stated that the modulation is required to be performed by a claimed module component, so Examiner considers that the main wavelength can be modulated over any bandwidth and any spectral range desired using a component of the Nicolaescu device or an external component and would still meet the claim requirements.
Regarding claim 6: Nicolaescu discloses the optoelectronic module according to claim 5, as applied above. Regarding the limitation “wherein the main wavelength can be modulated with a frequency of at least 500 Hz, preferably at least 1 kHz and particularly preferably at least 2 kHz”, Applicant has not stated that the modulation is required to be performed by a claimed module component, so Examiner considers that the main wavelength can be modulated over any bandwidth and any spectral range desired using a component of the Nicolaescu device or an external component and would still meet the claim requirements.
Regarding claim 9: Nicolaescu disclosesThe optoelectronic module according to claim 2 (as applied above), wherein exactly one distribution element is assigned to each output waveguide (the embodiment of Fig. 24 has this feature; additionally the embodiment of Fig. 48 having the light source module of Fig. 3 includes this feature).
Regarding claim 13: Nicolaescu disclosesThe optoelectronic module according to claim 1 (as applied above), wherein each conversion structure comprises an output coupling element (see Fig. 24, combiner joining the arms of each IQ modulator to the output waveguides which output toward MMI 2406; alternatively, WSCs 4803 and 4806 are considered to be output coupling elements of the respective conversion structures).
Regarding claim 15: Nicolaescu disclosesThe optoelectronic module according to claim 1 (as applied above), wherein an input coupling element is associated with each input waveguide (see Fig. 24, port into MMI 2402 is an input coupling element associated with the input waveguide).
Regarding claim 17: Nicolaescu disclosesThe optoelectronic module according to claim 1 (as applied above), wherein the distribution structure is formed with one of the following materials: III/V semiconductor compound material (in particular identical to the semiconductor component), silicon-on-insulator (SOI), silicon dioxide, silicon nitride, indium phosphide, gallium arsenide, diamond, diamond-on-insulator (DOI), lithium niobate, aluminum oxide, aluminum nitride, gallium nitride (see paragraphs 0142 and 0147).
Regarding claim 18: Nicolaescu disclosesThe optoelectronic module according to claim 1 (as applied above), wherein the optoelectronic module comprises at least 10 output waveguides (see Fig. 44 which shows the MMI 4403 having 10 output waveguides and paragraph 0184 which discloses up to 256 modulators in the device, corresponding to at least 256 output waveguide).
Claims 1, 10-12, 14, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schulz (US 2009/0002976; hereinafter Schulz).
Regarding claim 1: Schulz disclosesAn optoelectronic module (Fig. 2) comprising: a semiconductor component configured to emit electromagnetic radiation (Fig. 2, light source 1; see paragraph 0034), a distribution structure (Fig. 2, light guiding arrangement 2) comprising a plurality of distribution elements (Fig. 2, electro-optical switches 31 and 32), at least one input waveguide (see paragraphs 0012 and 0037) and a plurality of output waveguides (see paragraph 0037), and a plurality of conversion structures (Fig. 2, areas 51-54 of light conversion structure 5), whereinthe distribution elements, the at least one input waveguide and the output waveguides are monolithically integrated on a substrate (the arrangement described in paragraph 0037 is considered to be monolithically integrated on a substrate, the substrate being included in the surrounding material and shown in Fig. 2), the electromagnetic radiation emitted by the semiconductor component enters the distribution structure through the input waveguide (the arrangement described in paragraph 0037 has this structure), the electromagnetic radiation exits the distribution structure through the output waveguides (the arrangement described in paragraph 0037 has this structure), and a conversion structure is arranged downstream of each output waveguide and configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength (see paragraph 0034).
Regarding claim 10: Schulz disclosesThe optoelectronic module according to claim 1 (as applied above), wherein the distribution elements are active and controllable coupling elements (see paragraph 0037).
Regarding claim 11: Schulz disclosesThe optoelectronic module according to claim 10 (as applied above). wherein the distribution elements can be modulated with a frequency of at least 0.5 GHz (see paragraph 0010).
Regarding claim 12: Schulz disclosesThe optoelectronic module according to claim 10 (as applied above), wherein the semiconductor component is configured to emit coherent radiation having a main wavelength in the blue spectral range (see paragraph 0033).
Regarding claim 14: Schulz disclosesThe optoelectronic module according to claim 1 (as applied above), wherein each conversion structure comprises a diffuser element (see paragraph 0034, elements contributing to the light scattering of 61 and 62 are considered to be diffuser elements).
Regarding claim 20: Schulz disclosesThe method for operating an optoelectronic module according to claim 1 (as applied above), wherein the distribution elements are provided as active and controllable coupling elements (see paragraph 0037), the semiconductor component emits electromagnetic radiation with a constant main wavelength (see paragraph 0033), wherein an optical output power of the semiconductor component is constant in a display period (see paragraph 0012), and the distribution elements act as variably modulatable beam splitters (see paragraphs 0017 and 0037), the distribution of which is constant over the display period (see paragraph 0017, the display period is selected to be the period where the primary radiation is deflected into the first direction of propagation before switching to the second direction of propagation), or whereinthe distribution elements act as optical switches and are switched several times in a display period (this limitation is not considered to be required due to the “or” preceding it, the first optional limitation already having been met), and an optical output power of the semiconductor component is modulated in synchronization with the distribution elements in the display period (this limitation is not considered to be required due to the “or” preceding it, the first optional limitation already having been met).
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.
Claims 1-3, 7-8, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Oto (US 2013/0293895; hereinafter Oto) in view of Albert et al. (US 2001/0014200; hereinafter Albert).
Regarding claim 1: Oto disclosesAn optoelectronic module (Fig. 2) comprising: a semiconductor component configured to emit electromagnetic radiation (Fig. 2, laser light sources 110; see paragraph 0027), a distribution structure (Fig. 2, distribution structure comprising fibers 180 and fiber Bragg gratings 182) comprising a plurality of distribution elements (Fig. 2, fiber Bragg gratings 182), at least one input waveguide (see Fig. 2, portion of fiber 180 on input side of FBG 182) and a plurality of output waveguides (see Fig. 2, portion of fiber 180 on output side of FBG 182), and a plurality of conversion structures (Fig. 3, wavelength conversion elements 130), whereinthe electromagnetic radiation emitted by the semiconductor component enters the distribution structure through the input waveguide (see light path from semiconductor component in Fig. 2), the electromagnetic radiation exits the distribution structure through the output waveguides (see light path from FBGs 182 in Fig. 2), and a conversion structure is arranged downstream of each output waveguide and configured to convert electromagnetic radiation of a first wavelength to electromagnetic radiation of a second wavelength different from the first wavelength (see paragraph 0014).
Ota fails to disclose “the distribution elements, the at least one input waveguide and the output waveguides are monolithically integrated on a substrate”. However, before the effective filing date of the claimed invention, Albert taught that Bragg gratings can be written into waveguide cores and thus monolithically integrated on a substrate (see Abstract). In order to have a more stable, robust optoelectronic module, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to substitute the fibers and fiber Bragg gratings of the Ota device for monolithically integrated waveguides with Bragg gratings written into the core and formed on a substrate, since it was a known equivalent structure for the same purpose.
Regarding claim 2: Modified Oto teachesThe optoelectronic module according to claim 1 (as applied above), wherein the distribution elements are passive and wavelength-selective filter elements (see Oto paragraph 0036).
Regarding claim 3: Modified Ota the optoelectronic module according to claim 2, as applied above. Modified Ota fails to disclose that the distribution elements have a passband with a bandwidth of at most 2 nm. However, in the case of the wavelength selective coupler of Fig. 48 and the filter elements 116 and 119 of Fig. 3, the bandwidth of the passband is a result effective variable, since it determines how sharp of a frequency peak the light incident on the conversion structures have, and a wider bandwidth could widen the spectrum and allow noise to propagate through the optoelectronic module. In order to minimize noise, 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 Ota device such that the distribution elements have a passband with a bandwidth of at most 2 nm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 233), since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)).
Regarding claim 7: Modified Oto teachesThe optoelectronic module according to claim 2 (as applied above), wherein the semiconductor component comprises at least two semiconductor emitters (Oto Fig. 1, laser light sources 110 comprise at least two semiconductor emitters), wherein the first semiconductor emitter is configured to emit an electromagnetic radiation having a variable main wavelength in a first spectral range and a second semiconductor emitter is configured to emit an electromagnetic radiation having a variable main wavelength in a second spectral range (see Oto paragraphs 0027 and 0036).
Regarding claim 8: Modified Oto teachesThe optoelectronic module according to claim 7 (as applied above), in which an input waveguide is assigned to each semiconductor emitter (see light paths in Oto Fig. 1; the modified Oto device has this feature).
Regarding claim 19: Modified Oto teachesA method for operating an optoelectronic module according to claim 1 (as applied above), wherein the distribution elements are provided as passive and wavelength-selective filter elements (see paragraph 0036), the semiconductor component emits electromagnetic radiation with different discrete main wavelengths (see paragraph 0027, the different light sources emit light with different frequencies), wherein different main wavelengths are emitted in a display period for a time period dependent on the main wavelength in each case (see paragraph 0015; since the display period is not limited and the “time period dependent on the main wavelength in each case” does not require the different main wavelengths to be emitted for different time periods, whatever procedure the control module performs to independently control the different laser light sources will meet this limitation), and an optical output power of the semiconductor component is constant in the display period, or wherein different main wavelengths are emitted in a display period for an identical period in each case, and an optical output power of the semiconductor component is modulated in the display period in synchronization with the modulation of the main wavelengths.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nicolaescu (US 2019/0391243; hereinafter Nicolaescu) in view of Atanackovic et al. (US 2004/0056243; hereinafter Atanackovic).
Regarding claim 16: Nicolaescu discloses the optoelectronic module according to claim 1, as applied above. Nicolaescu fails to teach that the semiconductor component is formed with a III/V semiconductor compound material. However, before the effective filing date of the claimed invention, Atanackovic taught that III/V semiconductor compound materials were well known for forming semiconductor light sources (see paragraph 0007). It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Since it was a well-known suitable material, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the semiconductor component with a III/V semiconductor compound material to provide efficient light emission.
Conclusion
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/KIRSTEN D. ENDRESEN/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
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