Prosecution Insights
Last updated: October 04, 2026
Application No. 17/796,369

SEMICONDUCTOR APPARATUS AND SEMICONDUCTOR DEVICE, AND METHOD OF PRODUCING THE SAME

Non-Final OA §103
Filed
Jul 29, 2022
Priority
Jan 31, 2020 — DE 102020102534.3 +1 more
Examiner
TAVLYKAEV, ROBERT FUATOVICH
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Black Semiconductor GmbH
OA Round
5 (Non-Final)
61%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
539 granted / 890 resolved
-7.4% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
32 currently pending
Career history
921
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
72.4%
+32.4% vs TC avg
§102
13.1%
-26.9% vs TC avg
§112
9.8%
-30.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 890 resolved cases

Office Action

§103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/27/26 has been entered. Claims 1, 5, 7, 11 – 13, 15, 17, and 18 have been amended. Claims 1 – 27 are pending. Information Disclosure Statement The IDS filed 7/27/26 has been received and considered by the Examiner. Response to Amendments / Arguments Applicant’s arguments regarding the previously raised claim rejections under 35 USC 103 have been fully considered but they are not persuasive. Amended claims 1 and 17: Applicant added new limitations further defining the electro-optic device (modulator or photodetector) and asserts (para. bridging pp. 16 – 17 of the Remarks) that the Zou – Lipson – Celler combination neither teaches expressly nor renders them obvious. The Examiner respectfully disagrees and details below how Zou meets the new limitations. Applicant makes assertions drawn to surface roughness (ibid) and they were addressed at length in the Office Action of 5/29/26 (Section “Response to Amendments/ Arguments) Independent claims 1 and 17 are rejected as provided below, and so are the dependent claims for which Applicant does not provide any additional substantial arguments and which therefore stand or fall together with the respective independent claims. 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. Claims 1 – 27 are rejected under 35 U.S.C. 103 as being unpatentable over Zou et al (CN 105842782 A) in view of Lipson et al (US 2014/0264400 A1), and further in view of Celler (US 2010/0295083 A1), as evidenced by “Graphene as a two-directional material”, by Katsnelson, Encyclopedia Britannica article (hereinafter Katsnelson). Regarding claims 1 and 17, Zou discloses (Figs. 2, 4, and 5; Abstract; para. 0026 - 0037) a semiconductor device (optoelectronic board) and a corresponding method of manufacturing thereof, the semiconductor device comprising (see annotated Fig. 2 below): a wafer with a single-piece semiconductor substrate 101 (silicon substrate 101; para. 0028), and at least one integrated electronic component 103 (e.g., transistors; para. 0029) extending in and/or on the semiconductor (silicon) substrate 101 (as seen in Fig. 2), the wafer having a front-end-of-line structure 102 and a back-end-of-line structure 202 lying there above (Fig. 2; para. 0031), the front-end-of-line 102 comprising the integrated electronic component or at least one of the integrated electronic components 103, and a photonic platform (within 202) fabricated on a (planarized) side of the wafer facing (upward) away from the front-end-of-line structure (para. 0031), wherein the photonic platform comprises at least one waveguide 204 and at least one electro-optical device 201, in particular, at least one photodetector (Abstract) and/or at least one electro-optical modulator (a photodetector 402 and/or a modulator 401; para. 0036), wherein the electro-optical device 201 (a photodetector 402 and/or a modulator 401; para. 0036) is connected (by electrically conductive metal vias 105) to the integrated electronic components 103 (transistors, drivers, amplifiers, etc) of the wafer (para. 0030), wherein the at least one electro-optical device 201 comprises at least one active element 203, the at least one active element 203 comprising graphene, which is a 2D material (as evidenced by Katsnelson), wherein the at least one electro-optical device 201 comprises at least two contact elements 301, wherein the at least one active element 203 (the left electro-optical device 201 comprises with two vertically-stacked layers of graphene 203) is electrically conductively connected to only one of the contact elements 301 on one side or to both contact elements 301 on opposite sides (as shown for the left electro-optical device 201), respectively, wherein the at least one active element 203 ends at an edge of the respective contact element 203 embodying a side contact, so that current can pass laterally (horizontally) into the active element 203, wherein the photonic platform (within 202) comprises a planarization coat 107 of a dielectric material (silicon dioxide SiO2) and at least one further planarization coat, and PNG media_image1.png 883 1594 media_image1.png Greyscale wherein the planarization coat 107 (one layer within it) and the at least one further planarization coat (another layer within 107) is on a (upper) side thereof facing away from the wafer 101. Annotated Fig. 2 of Zou. Indeed, Zou teaches that the planarization coat 107 can be a multi-layer coat formed by deposition at least one coating material (e.g., silicon oxide; para. 0030) on the (upper) side of the wafer facing away from the front-end-of-line 101 and subsequent processing, the latter including planarization, deposition of a further planarization coat, and further planarization of the deposited material on its upper side facing away from the wafer by means of chemical-mechanical polishing (“The specific steps are as follows: continue to grow the insulating material 107 with a certain thickness on the interconnection layer 104, and perform a planarization treatment to ensure that the optical waveguide 204 produced subsequently has a relatively flat lower surface; grow the optical waveguide material on the surface of the insulating maternal 107, and Perform photolithography and etching to form the required optical waveguide 204 ; grow the insulating material 107 with a certain thickness again, and perform planarization treatment again to form a relatively flat upper surface of the optical waveguide 204” at para. 0031, emphasis added). Further, Zou intends to produce low-loss optical waveguides (para. 0015 and 0033, claim 7), which are defined by planarized surfaces, and suggests the use of a low-loss optical material(s) for such planarized surfaces, as one factor determining the total waveguide loss, but Zou does not mention the surface roughness of the planarized surfaces another (well-known) factor contributing to the total waveguide loss. However, Lipson discloses (Figs. 1A, 2A – 2H, and 6 – 11; Abstract; para. 0027 – 0029, 0035 – 0039, and 0046 – 0061) a semiconductor device (optoelectronic board) and a corresponding method of manufacturing thereof, the semiconductor device comprising (see annotated Fig. 6 below): a wafer with a single-piece semiconductor (silicon) substrate (“Silicon” in Fig. 6; 2nd and 3rd para. of Section IV), and at least one integrated electronic component (e.g., transistors) extending in and/or on the semiconductor (silicon) substrate, the wafer having a front-end-of-line structure (identified as “CMOS” in Fig. 6) and a back-end-of-line structure (identified as “Deposited Photonics” in Fig. 6) lying there above, the front-end-of-line comprising the integrated electronic component or at least one of the integrated electronic components (“The CMOS microelectronic layer includes the Front End Of Line (FEOL) having the transistors and other active devices fabricated on the silicon substrate at the bottom, and the Back End Of Line (BEOL) having multiple layers of metal (as many as 10 or more in modern logic process) and interlayer dielectric for connecting the frontend devices together to form a circuit ... In FIG. 6, the BEOL is connected to multiple photonic layers” at para. 0046, emphasis added), and a photonic platform (within the “Deposited Photonics”) fabricated on a side (either the bottom or top side of the “Passivation” layer in Fig. 1) of the wafer facing (upward) away from the front-end-of-line structure (“CMOS”, as seen in Fig. 1), which photonic platform (“Deposited Photonics”) comprises at least one waveguide (a pair of lower SiN waveguides and one upper waveguide in Fig. 6) and at least one electro-optical device (a photodetector and/or an electro-optical modulator), wherein the electro-optical device (a photodetector and/or a modulator) or at least one of the electro-optical devices of the photonic platform (within the “Deposited Photonics”) is connected (by electrically conductive metal vias, as shown in Fig. 6) to the integrated electronic component (transistors, drivers, amplifiers, etc) or at least one of the integrated electronic components of the wafer (“In the upper deposited photonics layer in the example in FIG. 6, two layers of Silicon Nitride (SiN (waveguides are marked as lower optical waveguide and upper optical waveguide. One layer of a Excimer Laser Anneal (ELA) polysilicon is shown to form the active photonic device that is electrically coupled to a CMOS transistor circuit in the CMOS layer. In the illustrated examples in FIGS. 6-9, the active photonic device is shown to be an optical ring resonator configured to provide a desired function (e.g., a modulator or detector). In implementations, such an active photonic device can be implemented in various configurations in connection with the underlying CMOS transistor circuit” at para. 0047, emphasis added). PNG media_image2.png 667 1118 media_image2.png Greyscale Annotated Fig. 6 of Lipson. Lipson discloses (Figs. 2E – 2H) a deposition-planarization-deposition processing sequence that is similar in Zou and produces a planarization coat 222,230,222 as a multi-layer coat formed by deposition at least one coating material (PECVD oxide coating 230 in Fig. 2G) on an (upper) side (of lower planarized coat 222) facing away from of the (silicon) wafer 201, chemical-mechanical planarization (CMP) processing to provide a flattened/planarized surface, deposition of subsequent layers (PECVD silicon nitride 232 in Fig. 2G and upper flattened/planarized layer 222 (further planarization coat) in Fig. 2H), and their planarization (see annotated Figs. 2G and 2H below). PNG media_image3.png 515 1114 media_image3.png Greyscale Annotated Figs. 2G and 2H of Lipson. Lipson recognizes that the roughness of such CMP-processed/planarized surfaces contributes to total optical waveguide loss and quantifies that such surfaces are to have low RMS roughness, e.g., below 3 nm RMS roughness (“The top part of the sacrificial layer 220 can be processed, e.g., removed and polished, to produce a flat top surface for forming the optical layers. For example, a chemical mechanical polishing (CMP) process can be performed to polish the deposited surface of the layer 220 down to a desired thickness and roughness (e.g., below 3 nm RMS roughness)” at para. 0038). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the planarized surfaces of the planarization coat and the further planarization coat, as taught by both Zou and Lipson, can each have roughness below 3 nm RMS, as quantified/exemplified by Lipson, in order to reduce optical scattering loss on them. The Zou – Lipson combination considers a range of surface roughness values that at least overlaps with the recited range and, hence, a prima facie case of obviousness exists (MPEP 2144.05). It is also noted that (i) the upper range limit depends on a particular application (e.g., an maximum acceptable level of optical waveguide loss, an operational wavelength (scattering loss strongly depends on it), etc); that (ii) the instant application does not provide any criticality for the exact value of the recited upper range limits; that (iii) it has been held that discovering the optimum or workable ranges of prior art involves only routine skill in the art (In re Aller, 105 USPQ 233); and that (iv) it has been held that "A recognition in the prior art that a property is affected by the variable is sufficient to find the variable result-effective." In re Applied Materials', Inc., 692 F.3d 1289, 1297 (Fed. Cir. 2012). It is well settled that it would have been obvious for an artisan with ordinary skill to develop workable or even optimum ranges for result-effective parameters. In re Boesch, 617 F.2d 272, 276 (CCPA 1980); see also In re Woodruff, 919 F.2d 1575, 1577-78 (Fed. Cir. 1990). In this regard, the Zou – Lipson combination certainly considers surface roughness a result-effective parameter (which determines optical propagation loss). Further, both Zou (claim 4) and Lipson (Fig. 6; para. 0036 and 0038) each teach that the underlying substrate can be a silicon wafer. While the Zou – Lipson combination does not cite typical diameters of standard/commercial-grade silicon wafers, Celler discloses (Fig. 4I; para. 0009 – 0020 and 0085) an optical waveguide device with hybrid integration, wherein the optical waveguide device comprises optical waveguides, modulators, and/or photodetectors that are formed in layers deposited over a silicon wafer 28. Celler states a (well-known) fact that standard/commercial-grade silicon wafers have industry-standardized diameters of 200 mm or 300 mm (para. 0052). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the silicon wafer in the device of the Zou – Lipson combination can be an industry-standardized silicon wafer with a diameter of 200 mm or 300 mm, in order to take advantage of the mature technology of manufacturing silicon wafers and their high quality at relatively low cost. The Zou – Lipson – Celler combination considers a range of wafer diameters that at least overlaps with the recited range and, hence, a prima facie case of obviousness exists (MPEP 2144.05). It is also noted that (i) the range limits depend on a particular application (e.g., a particular semiconductor material of the wafer that sets the upper size of dies subsequently singulated from it, etc); that (ii) the instant application does not provide any criticality for the exact values of the recited range limits; and that (iii) it has been held that discovering the optimum or workable ranges of prior art involves only routine skill in the art (In re Aller, 105 USPQ 233). In light of the foregoing analysis, the Zou – Lipson – Celler combination teaches expressly or renders obvious all of the recited limitations. To sum up the applied prior art, Zou discloses a semiconductor device comprising graphene-based electro-optic waveguide devices and planarized coats/layers. Lipson quantifies a level of surface roughness of planarized coats/layers needed for reducing optical loss in optical waveguides. Celler cites diameters of industry-standardized silicon wafers Regarding claims 2 and 18, Zou teaches that the back-end-of-line structure 102 of the wafer and the photonic platform 202 comprise interconnection elements (electrically conductive metal vias 105) through which the integrated electronic components 103 (transistors, resistors, etc) of the wafer is connected to the electro-optical device (a photodetector and/or a modulator) of the photonic platform (para. 0030). Lipson also teaches (annotated Fig. 6 provided above for claims 1 and 17) that the back-end-of-line structure (identified as “CMOS” in Fig. 6) of the wafer and the photonic platform (within the “Deposited Photonics”) comprise interconnection elements (electrically conductive metal vias, identified by yellow color in Fig. 1) through which the integrated electronic component (transistors, drivers, amplifiers, etc) or at least one of the integrated electronic components of the wafer is connected to the electro-optical device (a photodetector and/or a modulator) or at least one of the electro-optical devices of the photonic platform (para. 0046 and 0047). Regarding claims 3 and 19, Zou teaches that the photonic platform 202 comprises material 107 deposited on the side of the wafer facing (upward) away from the front-end-of-line 102, as seen in Fig. 2 (para. 0031). Lipson also teaches (annotated Fig. 6 provided above for claim 1) that the photonic platform (within the “Deposited Photonics”) comprises material (“Passivation” layer in Fig. 6 and/or the layer disposed directly over it) deposited on the side of the wafer facing (upward) away from the front-end-of-line (“CMOS” in Fig. 6). Regarding claims 4 and 20, Zou teaches that the photonic platform 202 comprises a planarization coat (lower portion of 107) of a dielectric material (e.g., silicon oxide; para. 0030 and 0031) fabricated in particular on the side of the wafer facing (upward) away from the front-end-of-line 101, and preferably the waveguide 204 is fabricated on the (upper) side (11) of the planarization coat facing (upward) away from the wafer (“The specific steps are as follows: continue to grow the insulating material 107 with a certain thickness on the interconnection layer 104, and perform a planarization treatment to ensure that the optical waveguide 204 produced subsequently has a relatively flat lower surface; grow the optical waveguide material on the surface of the insulating maternal 107” at para. 0031, emphasis added). Lipson also teaches (annotated Figs. 2G and 2H provided above for claim 1) the planarization coat 230 (lower cladding) is fabricated in particular on the (upper) side of the (silicon) wafer 201 facing away from the front-end-of-line, and the (SiN) waveguide or at least one of the waveguides is fabricated (from the PECVD silicon nitride layer 232) on the (upper) side of the planarization coat 230 facing away from the wafer 201. Regarding claims 5, 7, 21, and 22, Zou teaches that the planarization coat 107 is a coat formed by deposition at least one coating material (e.g., silicon oxide; para. 0030) on the side of the wafer facing away from the front-end-of-line 101 and preferably subsequent processing (planarization, deposition of the further planarization coat, and further planarization) of the deposited material on the (upper) side of the planarization coat facing away from the wafer by means of chemical-mechanical polishing (“The specific steps are as follows: continue to grow the insulating material 107 with a certain thickness on the interconnection layer 104, and perform a planarization treatment to ensure that the optical waveguide 204 produced subsequently has a relatively flat lower surface; grow the optical waveguide material on the surface of the insulating maternal 107, and Perform photolithography and etching to form the required optical waveguide 204 ; grow the insulating material 107 with a certain thickness again, and perform planarization treatment again to form a relatively flat upper surface of the optical waveguide 204” at para. 0031, emphasis added). Lipson details that the planarization coat(s) (230 and upper 222 in Fig. 2H) can be deposited by plasma-enhanced chemical vapor deposition (PECVD, as indicated in Figs. 2G and 2H; para. 0038 and 0047) and be planarized using chemical-mechanical polishing (para. 0038). Finally, the Zou – Lipson – Celler combination recognizes that the roughness of such CMP-processed/planarized surfaces contributes to total optical loss and the Zou – Lipson – Celler combination quantifies that such surfaces are to have low RMS roughness, e.g., below 3 nm RMS roughness (“The top part of the sacrificial layer 220 can be processed, e.g., removed and polished, to produce a flat top surface for forming the optical layers. For example, a chemical mechanical polishing (CMP) process can be performed to polish the deposited surface of the layer 220 down to a desired thickness and roughness (e.g., below 3 nm RMS roughness)” at para. 0038). The Zou – Lipson – Celler combination considers a range of surface roughness values that at least overlaps with the recited range and, hence, a prima facie case of obviousness exists (MPEP 2144.05). It is also noted that (i) the upper range limit depends on a particular application (e.g., an maximum acceptable level of optical waveguide loss, an operational wavelength (scattering loss strongly depends on it), etc); that (ii) the instant application does not provide any criticality for the exact value of the recited upper range limits; that (iii) it has been held that discovering the optimum or workable ranges of prior art involves only routine skill in the art (In re Aller, 105 USPQ 233); and that (iv) it has been held that "A recognition in the prior art that a property is affected by the variable is sufficient to find the variable result-effective." In re Applied Materials', Inc., 692 F.3d 1289, 1297 (Fed. Cir. 2012). It is well settled that it would have been obvious for an artisan with ordinary skill to develop workable or even optimum ranges for result-effective parameters. In re Boesch, 617 F.2d 272, 276 (CCPA 1980); see also In re Woodruff, 919 F.2d 1575, 1577-78 (Fed. Cir. 1990). In this regard, the Zou – Lipson – Celler combination certainly considers surface roughness a result-effective parameter (which determines optical propagation loss). Regarding claims 6 and 23, Zou teaches that the photonic platform 202 comprises at least one further planarization coat (a middle portion of 107), the further planarization coat or at least one of the further planarization coats preferably being made of the same material (e.g., silicon oxide; para. 0030 and 0031) as the planarization coat (a lower portion of 107) (“The specific steps are as follows: continue to grow the insulating material 107 with a certain thickness on the interconnection layer 104, and perform a planarization treatment to ensure that the optical waveguide 204 produced subsequently has a relatively flat lower surface; grow the optical waveguide material on the surface of the insulating maternal 107, and Perform photolithography and etching to form the required optical waveguide 204 ; grow the insulating material 107 with a certain thickness again, and perform planarization treatment again to form a relatively flat upper surface of the optical waveguide 204” at para. 0031, emphasis added). Lipson also teaches (annotated Fig. 2H provided above for claim 1) the further planarization coat (layer embedding the waveguide cores 234 on the sides) or at least one of the further planarization coats (upper 222) preferably being is made of the same material as the planarization coat 230 (silicon oxide; para. 0038). Regarding claims 8 and 9, Lipson describes (annotated Fig. 6 provided above for claim 1) that the at least one waveguide comprises or consists of silicon nitride, wherein the photonic platform (within the “Deposited Photonics”) comprises a plurality of waveguides (at last two lower waveguide and one upper waveguide), preferably at least two waveguides extending at least in sections one above the other, as seen in Fig. 6 (“a layer of 400 nm of low stress PECVD Silicon Nitride can be used as the optical waveguide layer 232” at para. 0038; “In the upper deposited photonics layer in the example in FIG. 6, two layers of Silicon Nitride (SiN (waveguides are marked as lower optical waveguide and upper optical waveguide” at para. 0047). Regarding claims 10 and 25, Zou discloses that the photonic platform can comprise at least one coupling device (e.g., a grating coupler; para. 0036 and 0037) associated with at least one of the waveguides 204, at least one coupling device (grating) preferably serving to couple electromagnetic radiation into the at least one associated waveguide 204, and/or to couple electromagnetic radiation out of the at least one associated waveguide 204. Lipson also teaches (annotated Fig. 6 provided above for claim 1; also Fig. 5A; para. 0044) that the photonic platform comprises at least one coupling device (evanescent couplers between the SiN waveguides and the electro-optical device) associated with at least one of the (SiN) waveguides, the at least one coupling device (evanescent coupler) preferably serving to couple electromagnetic radiation into the at least one associated waveguide, and/or to couple electromagnetic radiation out of the at least one associated waveguide (as shown in Fig. 6 by the dashed arrows). Regarding claim 11, Zou discloses that the electro-optical device or at least one of the electro-optical devices comprises at least one active element (a photodetector 402 and/or a modulator 401) comprising or consisting of at least one material (graphene; para. 0036), which (in a photodetector) absorbs electromagnetic radiation of at least one wavelength and generates an electrical photo signal as a result of the absorption and/or whose refractive index changes as a function of a voltage (in an electro-optic modulator) and/or the presence of a charge and/or an electric field (para. 0036 and 0037). Lipson also teaches (annotated Fig. 6 provided above for claim 1) that the electro-optical device or at least one of the electro-optical devices comprises at least one active element (a photodetector in Fig. 7 and/or a modulator in Fig. 8) comprising or consisting of at least one material (silicon and germanium; para. 0042), which (in a photodetector) absorbs electromagnetic radiation of at least one wavelength and generates an electrical photo signal as a result of the absorption (para. 0048) and/or whose refractive index changes as a function of a voltage (in an electro-optic modulator; para. 0049) and/or the presence of a charge and/or an electric field (Fig. 4; para. 0041). Regarding claim 12, Zou discloses that the at least one electro-optical device 201 (in Fig. 2) can be provided by a (elector-optic) modulator 401 (Fig. 4) comprising an active element having or consisting of at least one material, whose refractive index changes as a function of a voltage and/or the presence of charge and/or an electric field, in particular graphene (para. 0032, 0036, and 0037) which is a 2D material. Lipson also teaches (Fig. 4; para. 0041 – 0043) the electro-optical device or at least one of the electro-optical devices is provided by a (electro-optic) modulator comprising an active element having or consisting of at least one material, whose refractive index changes as a function of a voltage and/or the presence of charge and/or an electric field, in particular silicon, wherein the active element (modulator) and the electrode are preferably spaced apart from one another and/or are arranged offset from one another in such a way that they lie one above the other in sections (as seen in Fig. 4, the metal electrodes are spaced apart from the optical ring resonator). Regarding claim 13, Zou discloses that the at least one electro-optical device 201 (in Fig. 2) can be provided by a photodetector 402 (Fig. 4) comprising one, preferably exactly one active element 203 consisting of or comprising at least one material (graphene) which absorbs electromagnetic radiation of at least one wavelength and generates an electrical photo-signal as a result of the absorption, in particular graphene (para. 0032, 0036, and 0037). Regarding claim 14, the Examiner took official notice in the Office Action of 1/3/25 that plasmonic waveguides are well known in the art of optical waveguides and are commonly formed of a metal (Au, Ag, Al, etc) and an interfacing a dielectric material(s). Since Applicant has not traversed this official notice per see (Applicant traversed only the official notice taken for claim 5 regarding surface roughness), the fact of common knowledge has become applicant admitted prior art. Such type of optical waveguide would be an obvious choice to a person of ordinary skill in the art of optical waveguides (which is noted as being high) and provide the benefits of small transverse size and sharp bends. Lipson cites (para. 0044) a well-known use of tapered waveguide portions/transitions for improved optical coupling to/in an active element (an optical modulator in Fig. 5A). Regarding claims 15 and 16, Lipson cites (para. 0044) a well-known use of tapered waveguide portions/transitions for improved optical coupling to/in an active element (an optical modulator in Fig. 5A). Furthermore, the Examiner took official notice in the Office Action of 1/3/25 that tapered optical waveguide interconnections/couplers were well known in the art of optical waveguides. Since Applicant has not traversed this official notice per see (Applicant traversed only the official notice taken for claim 5 regarding surface roughness), the fact of common knowledge has become applicant admitted prior art. Such type of tapered optical coupler would be an obvious choice to a person of ordinary skill in the art of optical waveguides (which is noted as being high) and provide the benefits of a mode-size transformer that reduces optical coupling loss between two or more optical elements with different sizes of their optical modes. Regarding claim 24, Zou discloses that the fabrication of the at least one waveguide 204 includes applying a waveguide material in particular to the (upper) side of the planarization coat (lower portion of 107) facing (upward) away from the wafer, preferably depositing it thereon, and then preferably carrying out a structuring of the applied waveguide material in particular by means of lithography and/or reactive ion etching (“The specific steps are as follows: continue to grow the insulating material 107 with a certain thickness on the interconnection layer 104, and perform a planarization treatment to ensure that the optical waveguide 204 produced subsequently has a relatively flat lower surface; grow the optical waveguide material on the surface of the insulating maternal 107, and Perform photolithography and etching to form the required optical waveguide 204” at para. 0031, emphasis added). Lipson also teaches (para. 0036 and 0038) such (well-known) processes as photolithography and reactive ion etching (RIE). Regarding claims 26 and 27, Lipson mentions such (well-known) fact that individual chips/devices are produced from wafers by their singulation/fragmentation (e.g., by dicing; “… achieve efficient side coupling while being compatible with both flipchip packaging and mass manufacturing in just a single dielectric etch process followed by dicing” at para. 0056). Furthermore, the Examiner took official notice in the Office Action of 1/3/25 that singulation/fragmentation (by dicing) of wafers into individual chips/devices was a technique that was well known in the art of optical waveguides. Since Applicant has not traversed this official notice per see (Applicant traversed only the official notice taken for claim 5 regarding surface roughness), the fact of common knowledge has become applicant admitted prior art. Such technique would be an obvious choice to a person of ordinary skill in the art of optical waveguides (which is noted as being high) in order to produce the final product (i.e., individual chips/devices) from a processed wafer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT TAVLYKAEV whose telephone number is (571)270-5634. The examiner can normally be reached 10:00 am - 6:00 pm, Monday - Friday. 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, William Kraig can be reached on (571)272-8660. 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. /ROBERT TAVLYKAEV/Primary Examiner, Art Unit 2896
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Prosecution Timeline

Show 6 earlier events
Oct 09, 2025
Request for Continued Examination
Oct 20, 2025
Response after Non-Final Action
Nov 07, 2025
Non-Final Rejection mailed — §103
Feb 09, 2026
Response Filed
May 29, 2026
Final Rejection mailed — §103
Jul 27, 2026
Request for Continued Examination
Jul 29, 2026
Response after Non-Final Action
Sep 01, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12742932
OPTICAL COUPLER WITH DIFFERENT WAVEGUIDE MATERIALS
2y 9m to grant Granted Sep 22, 2026
Patent 12724201
FUSION SPLICER
2y 2m to grant Granted Sep 01, 2026
Patent 12717089
OPTICAL CHIP STRUCTURE AND OPTICAL COMMUNICATION PACKAGE
2y 7m to grant Granted Aug 25, 2026
Patent 12705475
Simultaneous measurements of gradients in optical networks
4y 5m to grant Granted Aug 11, 2026
Patent 12705476
All-Photonic Artificial Neural Network Processor Via Nonlinear Optics
3y 3m to grant Granted Aug 11, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
61%
Grant Probability
73%
With Interview (+12.5%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 890 resolved cases by this examiner. Grant probability derived from career allowance rate.

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