Prosecution Insights
Last updated: April 19, 2026
Application No. 17/757,189

BURIED HETEROSTRUCTURE SEMICONDUCTOR OPTICAL AMPLIFIER AND METHOD FOR FABRICATING THE SAME

Non-Final OA §112
Filed
Jun 10, 2022
Examiner
KAO, SOPHIA WEI-CHUN
Art Unit
2817
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
National Research Council Of Canada
OA Round
1 (Non-Final)
96%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 96% — above average
96%
Career Allow Rate
75 granted / 78 resolved
+28.2% vs TC avg
Minimal +5% lift
Without
With
+4.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
19 currently pending
Career history
97
Total Applications
across all art units

Statute-Specific Performance

§103
48.4%
+8.4% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 78 resolved cases

Office Action

§112
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 . Election/Restriction Applicant’s election without traverse of species I which corresponds to claims 1-4, 6-10, 12-21, 24, 26 and 27 in the reply filed on 10/10/2025 is acknowledged. Claim 28 is withdrawn from further consideration, pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Inventions or Species. Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/2/2022 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Objections Claim 27 is objected to because of the following informalities: Claim 27 recites the limitation “…wherein said single MOCVD run combining selective area growth, p-dopant diffusion and etching techniques. …” which should be changed to “wherein said single MOCVD run combines selective area growth, p-dopant diffusion and etching techniques…” 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. Claims 1-4, 6-10, 12-21, 24, 26 and 27 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 The claimed limitation “etching …. a portion of the p-dopant”, as recited in line 12 of claim 1, is unclear as the claim does not specify what material is etched or how a “portion of the p-dopant” is etched, rending the scope of the process step uncertain under the broadest reasonable interpretation. The claimed limitation “growing …. a p-metal contact” and “growing a n-meta contact”, as recited in lines 16-18 of claim 1, is unclear under the broadest reasonable interpretation, as “growing” suggests epitaxial growth while “metal contact” denotes a metal layer, and the claim does not clearly define what is grown and by what process. Claims 2-4, 6-10, 12-21, 24 and 26 depends from claim 1 so they are rejected for the same reason. Regarding claim 27 The claimed limitation “etching a portion of the p-dopant”, as recited in line 9 of claim 27, is unclear as the claim does not specify what material is etched or how a “portion of the p-dopant” is etched, rending the scope of the process step uncertain under the broadest reasonable interpretation. The claimed limitation “growing …. a p-metal contact” and “growing a n-meta contact”, as recited in lines 12-13 of claim 27, is unclear under the broadest reasonable interpretation, as “growing” suggests epitaxial growth while “metal contact” denotes a metal layer, and the claim does not clearly define what is grown and by what process. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOPHIA W KAO whose telephone number is (703)756-4797. The examiner can normally be reached Monday-Friday 9am-5pm Pacific Time. 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, Eliseo Ramos-Feliciano can be reached at (571) 272-7925. 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. /SOPHIA W KAO/Examiner, Art Unit 2817 /RATISHA MEHTA/Primary Examiner, Art Unit 2817
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Prosecution Timeline

Jun 10, 2022
Application Filed
Jan 24, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12593541
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Patent 12581999
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Patent 12568668
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
96%
Grant Probability
99%
With Interview (+4.7%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 78 resolved cases by this examiner. Grant probability derived from career allow rate.

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