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                  COMMISSIONER'S DECISION

 

Patentable Subject Matter, cited art: The two part centering structure to obtain and fix the alignement

of optical parts and the two parts was held patentable in view of the cited art. Amended claim 1 was

refused for not defining the inventive features. Rejection modified.

 

This decision deals with Applicant's request for review by the Commissioner

of Patents of the Examiner's Final Action on application 442,294 (Class

33-53). The application was filed on November 30, 1983, by Thomson-CSF and

is entitled ALIGNMENT PROCESS OF AN ELECTRO-OPTICAL DEVICE. The inventors

are R. Henry. J.-C. Carballes, E. Duda, E. Grand. The Examiner in charge

issued a Final Action on June 23, 1986, refusing to allow the application.

By letter dated August 18, 1988 the Applicant withdrew the request for a

Hearing.

 

The invention relates to a process of aligning an optical head housing

having a first part supporting an optical solid state device and a second

part containing an optical fiber, whereby when the optical elements are

aligned, they and the housing parts may be rigidly fixed, as shown by

figure 3 reproduced below:

 

                          <IMG>

 

The first part of the housing includes a centering element 16 fixed to a

support 12 holding a semiconductor element 2 and its external connections

 

9. The second part 13 centrally supports optical fiber 4 adjacent element

2, and provides trough means 14 which holds molten solder for covering the

immersed end of the centering element. During movement of the centering

element for proper optical alignment of elements 2 and 4, the element 16

remains immersed in the trough, and on alignment the molten material is

hardened, thus obtaining a sealed housing and aligned optics.

 

The Examiner refused the application in view of the following references:

 

British Patent

 

2,022,280 December 12, 1979 Goodfellow et al

(United Mates Patent

4,357,072 November 2, 1982 Goodfellow et al)

 

European Patent Application

 

0,021,473 January 7, 1981 Kock

 

The British patent provides means for sealing an optical fiber in alignment

with a light emitting diode as shown in figure 4 below:

 

                          (see formula I)

 

Diode 6, to be aligned with optic fiber 10, is supported on base 4 which is

welded to cover 2. Cupped aperture 8 of cover 2 contains solder 9 and a

restriction 2a designed to limit flow of the solder on heating. The

metallized coating 11 on the fiber is etched to leave the fiber

non-metallized 12 adjacent the diode. On its outer surface, copper collar

16 has a tinned portion 1d for adherance to the solder, and is secured on

its inner surface to coating 11. The collar with the fiber attached acts

as a centering element and is placed in a positioning means, not shown, to

enable the collar to be moved to align the fiber and the diode. After

nitrogen is introduced to obtain an inert atmosphere about the fiber and

the diode, solder 9 is melted to adhere to surface 18 of the collar. Upon

final optical alignment, the solder is allowed to cool, forming a seal and

ensuring alignment, and the positioning means is removed from the collar.

 

The European Patent shows a multi part device that obtains alignment of an

optic fiber and a diode, and fixes the fiber once centered, as shown in

figure 2 reproduced below:

 

                           <IMG>

 

The base 31 supports the diodes 35 and 51 and a cover 33, and provides for

the connections to the diodes. A centering holder 37 is mounted on cover

33 by means of indium solder 59. The holder has a glass plate 39a attached

to it by indium solder, and lens 39b is joined to the plate by epoxy

resin. The holder supports block 43 through which the optic fiber 45 is

suspended. By pressing on holder 37, plastic deformation of solder 59

occurs to enable the fiber 45 to be aligned with the lens and the diodes,

and on alignment block 43 is glued to the holder and the fiber is glued in

place.

 

In taking his Final Action, the examiner said in part, as follows:

 

...

 

The references relate to a dynamic sealing means as in

the present case. In other words, the elements to be

sealed can be maneuvered, one with respect to the

other, while they retain their seal to obtain proper

alignment.

 

The references further disclose that the sealing

material, as in the present case, is in a fluid state

when maneuvering the elements with respect to each

other and is allowed to harden when the desired

alignment of the elements has been obtained.

 

Further Kock discloses a method and a device for

aligning a semi-conductor and an optical fibre in a

sealed chamber by the presently disclosed and claimed

method.

 

Applicant's letter of December 30, 1985.

 

United States patent No. 4,357,072 to Goodfellow dated

November 2, 1982 was published in Great Britain

December 12, 1979 and is citable under Section 28 of

the Patent Act.

 

Applicant states in the letter of December 30, 1985

that the present invention relates to a process for

aligning an optical fiber and a semi-conductor

component. However it is clear from the present

disclosure that the electro-optical devices can be a

photodiode, emitting devices or a semiconductive

laser. Said devices are as in Goodfellow, who

discloses diode packages, laser packages, detectors,

directional couplers and connectors or as in the cited

British publication which discloses semi-conductor

lasers and other elements. From the cited reference it

is therefor clear that the components or elements are

the same or equivalent to the present components.

 

The present recess 15 is not patentably significant for

the following reasons:

 

Goodfellow discloses that the aperture 8 is cupped so

that when the solder is molten it is prevented from

flowing out of the cover and patent No. 0,021,473

(Kock) discloses a thick sealing material. By reason

of the structures disclosed by Goodfellow and Kock the

support of the fiber can be moved along more than two

directions. The foregoing is not specifically stated

but is evident from the disclosure.

 

...

In holding the application was not open to the refusal on the grounds the

Examiner advanced, the Applicant amended claim 1 and argued in part, as

follows:

 

 ...

 

In comparison with the prior art, in applicant's

invention, the semiconductor component 2 is fixed on

its support 12, without any excessive precision, and

the fiber 4 is fixed on its support 13, machined

without any excessive precision also. Then, the two

elements are aligned with precision (from 1 to 5

microns); this is due to the fact that one support

comprises a centering element (in the form of a

cylinder 16 to 21) and that the other support comprises

at least one recipient 14 (in the form of a trough) or

three recipients 28 (in the form of cups in which

penetrate three lugs 29). The centering elements 10,

21 or 29 and the recipients 14 or 28 are also machined

without any excessive precision.

 

Therefore, what is essential in the present invention

is that the centering elements must be immersed in

these recipients for the adjusting procedure.

 

UNITED STATES PATENT NO. 4,357,072 (GOODFELLOW)

 

This patent shows an optical fibar 10 which is provided

with a collar 16 having a tinned layer 18 which is

aligned relative to a diode 6 by means of a

micromanipulator (see column 3, lines 50 and

following), the solder annulus 9 being in a cold state,

such as represented in fig. 1, and leaving a free

passage for the fiber 10. Once alignment is obtained,

the annulus is melted (see column 4, lines 5 and

following) and the solder adheres, by capillarity, to

the collar 16 and the encapsulation cover 2.

 

Applicant recognizes that, once solder 9 is melted, it

is possible, as Goodfellow states, to adjust the

position of the fiber 10 as it is shown in figure 4,

but this is practically impossible in the case of

figure 5. It is to be noted that an optical fiber has

a diameter in the range of 100 microns: with such a

length of molten solder 9, it is the fiber that will

bend if it is displaced.

 

In any event, in Goodfellow, while the diode o is

indeed mounted on a support, the fiber 10 is not fixed

on a second support and there is no centering elements

nor recipients to allow one support to move relative to

another support and to subsequently fix them together.

 

EUROPEAN PATENT APPLICATION 0,021,473 (KOCK)

The semiconductor component 35 of this reference is

mounted on a complex support that includes the cover 33

and the flange 61 while the fiber 45 is mounted on a

support 43. However, assuming that element 37

constitutes a centering element, it does not penetrate

in a recipient (such as trough 14 or cups 28 in

applicant's system). Indeed, applicant achieves

alignment by adjustingly penetrating the centering

element 16 in the recipient 14, whereas Kock monitors

the alignment by deforming the thick layer of indium

59. This is entirely different from that described and

claimed in applicant's application.

 

Applicant fails to understand why the Examiner states

that the recess 14 (and not 15) is not patentable. If

Goodfellow foresees a constriction 2a in the aperture 8

(which, by the way. is not present in fig.5), it is to

retain this solder 8 by capillarity. It should be

reminded that Goodfellow has previously aligned the

optical fiber, the solder annulus 9 being solid and

cold.

 

It is therefore believed that claim 1, patentably

distinguishes from any of these two references, taken

singly or in combination. It is contended that one

would not arrive at applicant's process after having

read the teachings of Goodfellow and Kock.

 

On the other hand, claim 1 has been revised to better

define one of the important steps of the present

invention, one which is not taught by the prior art,

i.e., one mechanical support is moved relative to the

other mechanical support by adjusting dynamically the

centering element along three directions in the recess

in which the material is present prior to be hardened,

or in unhardened form.

 

...

 

The issue before the Board is whether the application contains patentable

subject matter in view of the references cited. Amended claim 1 reads:

 

A process for aligning an electro-optical device that

includes:

 

- a semiconductor component for emitting or receiving

light, said semiconductor component being fixed on a

first mechanical support; and

 

- an optical fiber fixed on a second mechanical

support;

 

said first and second mechanical supports being

independent from each other, one of said mechanical

supports comprising a centering element while the other

of said mechanical supports comprise at least one

recess containing a material which can be hardened,

said centering element being immersed in said material,

the volume of said recess and the volume of said

material being such as to allow said centering element

to move in said recess along three different

directions, said process comprising the steps of:

 

- moving said one mechanical support relative to said

other mechanical by adjusting dynamically said

centering element along three directions in said

recess, containing said material in unhardened form, to

reach an optimum position between said semiconductor

component and said optical fiber; and

 

- hardening said material when said optimum position

has been reached.

 

Both the cited references disclose devices permitting movement in three

directions for optically aligning a diode and an optic fiber. They show

different means to seal the moveable means in position after optical

alignment is attained, as well as means to fix the optic fiber. The

Applicant's invention resides in the general field of these two patents.

However, it presents particular structure whereby in the two relatively

moveable supports provided, one has a recess for molten material, and the

other is so formed and positioned that an end is immersed at all times in

the molten material during the alignment procedure. When positioning is

attained, the molten material may be hardened thus ensuring alignment and

sealing of both the supports and the optic elements. We consider that the

Applicant's arrangement relates to an invention that is different from the

subject matter of the cited references.

 

We now look at the claimed subject matter. In reviewing the proposed

amendment to claim 1, we note that the Applicant's intent in revising it is

to stress that one mechanical support moves relative to the other

mechanical support in order to achieve dynamic adjustment of the centering

element in three directions of movement in the recess containing the

material that is hardened once alignment is obtained. From the description

of the invention, we learn that the Applicant's device is a two piece

structure, one end of the adjusting or centering part having means immersed

at all times in a recess or trough means in the other part during alignment

of the diode and the optic fiber, and that the trough means holds molten

material that is caused to harden on achieving optical positioning of the

diode and optic fiber. In view of the cited references, we think proposed

claim 1 does not define clearly the invention that is described.

 

The Applicant's claim 2 as dependent on the proposed claim 1, sets forth

that the centering part is tubular, and that the recess formed in the other

part has a form appropriate to receive the tubular part so that it is

covered by the molten material.

 

The British patent sets out an arrangement where one mechanical support

moves relative to another and achieves a dynamic adjustment of a centering

element in three directions of movement in the recess containing the

material that is to be hardened. In our opinion, the Applicant's amended

claim 1 is directed to the arrangement described in the British patent.

The Applicant's claim 2 however, in defining a tubular part which

cooperates with a trough containing molten material covering the end of the

tubular part, is not found in the British patent.

 

The European patent provides a two part centering device having one part

moveable in three directions and supported at its edges on the other part.

However, it does not include any recess for containing hardenable material,

not is there any provision for immersion of a tubular centering element in

hardenable material contained in a trough on the other part. In our

opinion, this patent does not set forth the features found in the

Applicant's specification.

 

We recommend withdrawal of the refusal of the application for not being

directed to patentable subject matter. Regarding the proposed amended

claims, we recommend that amended claim 1 should be refused for not

patentably distinguishing over the cited British patent, whereas claim 2 as

it depends from amended claim 1 should be acceptable over the cited art.

 

M.G. Brown                                   S.D. Kot

Acting Chairman,                             Member

Patent Appeal Board

 

I concur with the findings and the recommendation of the Patent Appeal

Board. Accordingly, I withdraw the refusal of the application, and I

refuse to grant a patent containing amended claim 1. The Applicant has six

months within which to appeal my decision to the Federal Court of Canada,

under Section 42 of the Patent Act.

 

                                 Goudreau, Gage, Dubuc & Martineau, Walker

                          3400 La Tour de la Bourse

J.H.A. Gari‚py                   Case Postale 242, Place Victoria,

Commissioner of Patents          Montreal, Quebec

                                 H4Z 1E9

 

Dated at Hull, Quebec

this 27 th day of February 1989.

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