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 .
Response to Arguments
Applicant's arguments filed February 6, 2026 have been fully considered but they are not persuasive. Applicant argues that due to amendment the Claims overcome the art of record. Examiner disagrees. As show below in the rejection for Claim 1 the broadest reasonable interpretation for the term mesa can include layer 42 and above as shown in annotated Fig. 7 below. With this interpretation the electric resistor is disposed entirely on the mesa. For the given reasons Examiner maintains the 102 rejection of Claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 5, 7, 9-10, 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwai et al. JP 2017161830.
Regarding Claim 1, Iwai teaches A semiconductor device (Fig. 7) comprising:
a base (Fig. 7, 41) including a base surface (See annotated Fig. 7 below);
a mesa (See annotated Fig. 7 below) protruding from the base surface in a first direction intersecting the base surface (See annotated Fig. 7 below), the mesa including a top surface (See annotated Fig. 7 below) and two side surfaces on both sides of the top surface (See annotated Fig. 7 below), and extending along the base surface (See annotated Fig. 7); and
an electric resistor (Fig. 7, 101 Page 8 Paragraph 2 “As shown in FIG. 7, in the sixth embodiment, a micro heater 101 is provided so as to cover the high mesa waveguide structure 100 having the same configuration as that of the first embodiment.”) including a top wall provided on the top surface and a side wall provided on at least one of the two side surfaces (See Annotated Fig. 7. Annotated Fig. 7 shows that the electric resistor is on the top surface and on both side surfaces), the electric resistor being configured such that a current flows in an extending direction of the mesa. (the electric resistor is a micro heater as such current flows in an extending direction of the mesa, which is into the page of Fig. 7, in order to heat the micro heater)
the electric resistor is disposed entirely on the mesa. (As shown in the annotated Fig. 7 below mesa includes the protruding part off the base and extends out over part but not all the base. The electric resistor is disposed only and entirely on the mesa)
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Regarding Claim 2, Iwai teaches the electric resistor includes, as the side wall, two side walls provided on the two side surfaces, respectively. (Fig. 7 shows the electric resistor includes two side walls on the two side surface. )
Regarding Claim 5, Iwai teaches the top wall and the side wall make contact with each other. (Fig. 7 shows that the side wall and the top wall make contact with each other)
Regarding Claim 7, Iwai teaches a waveguide layer for light in the mesa. (Fig. 7, 44 “the optical waveguide layer 44”)
Regarding Claim 9, Iwai teaches a dielectric layer between the waveguide layer and the side wall. (Page 8 Paragraph 2 “As shown in FIG. 7, in the sixth embodiment, a micro heater 101 is provided so as to cover the high mesa waveguide structure 100 having the same configuration as that of the first embodiment.” Fig. 2, 46 Page 4 Paragraph 4 “The dielectric layer 46 is, for example, a silicon nitride (SiNx ) film, but may be composed of a silicon oxide (SiO2 ) film or a laminated film of a SiO2 film and a SiNx film.”)
Regarding Claim 10, Iwai teaches the waveguide layer and the side wall overlap at least partly in a second direction orthogonal to the first direction, (The second direction is into the page which is orthogonal to the first direction. The side wall and the waveguide layer overlap in the second direction as shown in Fig. 7) and
the semiconductor device further comprises a dielectric layer between the waveguide layer and the side wall. (Page 8 Paragraph 2 “As shown in FIG. 7, in the sixth embodiment, a micro heater 101 is provided so as to cover the high mesa waveguide structure 100 having the same configuration as that of the first embodiment.” Fig. 2, 46 Page 4 Paragraph 4 “The dielectric layer 46 is, for example, a silicon nitride (SiNx ) film, but may be composed of a silicon oxide (SiO2 ) film or a laminated film of a SiO2 film and a SiNx film.”)
Regarding Claim 18, Iwai teaches an insulating layer between the mesa and the side wall. (Page 8 Paragraph 2 “As shown in FIG. 7, in the sixth embodiment, a micro heater 101 is provided so as to cover the high mesa waveguide structure 100 having the same configuration as that of the first embodiment.” Fig. 2, 46 Page 4 Paragraph 4 “The dielectric layer 46 is, for example, a silicon nitride (SiNx ) film, but may be composed of a silicon oxide (SiO2 ) film or a laminated film of a SiO2 film and a SiNx film.”)
Regarding Claim 19, Iwai teaches A semiconductor device (Fig. 7) comprising:
a base (Fig. 7, 41) including a base surface (See annotated Fig. 7 below);
a mesa (See annotated Fig. 7 below) protruding from the base surface in a first direction intersecting the base surface (See annotated Fig. 7 below), the mesa including a top surface (See annotated Fig. 7 below) and two side surfaces on both sides of the top surface (See annotated Fig. 7 below), and extending along the base surface (See annotated Fig. 7); and
an electric resistor (Fig. 7, 101 Page 8 Paragraph 2 “As shown in FIG. 7, in the sixth embodiment, a micro heater 101 is provided so as to cover the high mesa waveguide structure 100 having the same configuration as that of the first embodiment.”) including a top wall provided on the top surface and a side wall provided on at least one of the two side surfaces (See Annotated Fig. 7. Annotated Fig. 7 shows that the electric resistor is on the top surface and on both side surfaces), the electric resistor being configured such that a current flows in an extending direction of the mesa. (the electric resistor is a micro heater as such current flows in an extending direction of the mesa, which is into the page of Fig. 7, in order to heat the micro heater)
the electric resistor is disposed entirely on the mesa. (As shown in the annotated Fig. 7 below mesa includes the protruding part off the base and extends out over part but not all the base. The electric resistor is disposed only and entirely on the mesa); and
a waveguide layer for light (Fig. 7, 44 Page 4 Paragraph 1 “an optical waveguide layer 44 as a waveguide layer,”), the waveguide layer being positioned between a base of the mesa and the top surface (Fig. 7 shows the waveguide layer is positioned between the base of the mesa which is the bottom of layer 42 and the top surface of the mesa), wherein
the electric resistor is not provided on the base surface. (Annotated Fig. 7 shows that the electric resistor is not provided on the base surface because it is not touching the base surface.)
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ishikawa US 20070230523 teaches many of the features found in Claim 1.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/STEPHEN SUTTON KOTTER/ Examiner, Art Unit 2828 /MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828