DETAILED ACTION
This office action is in response to the RCE filed on September 23, 2026 with two PTO-1449 documents (IDS’s).
Claims 1-5, 8, and 18-23 remain pending. Although sole independent claim 1 remains in condition for allowance, there are “Claim Objections” and “Claim Rejections – 35 U.S.C. 112” as noted below. Therefore, dependent claims 2, 18, 21, and 23 are rejected herein, while claims 3, 21, and 23 are objected to herein. Because prosecution has been re-opened after the filing of the RCE on September 23, 2026, this office action is made non-final.
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 .
Information Disclosure Statement
The prior art documents submitted by Applicant in the Information Disclosure Statements filed on September 23, 2026 (two documents) have been considered and made of record (note attached copy of forms PTO-1449).
Continued Examination Under 37 CFR 1.114
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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on September 23, 2026 has been entered.
Claim Objections
Claims 3, 21, and 23 are objected to because of the following informalities: regarding dependent claim 3, after the term “wavelength”, and before the term “and/or electrically conductive”, a comma (“ , “) should be located to parse this sentence. Regarding dependent claims 21 and 23, the term “the photodetector” lacks proper antecedent basis and should be updated to “the at least one photodetector” (note the 35 U.S.C. 112(b) rejections below), because claims 20 and 22 do not claim a single photodetector. 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 2, 18, 21, and 23 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.\
Claim 2 recites the limitation "an upper side of a waveguide segment” in the claim body. There is insufficient antecedent basis for this limitation in the claim. The term in claim 1 (upon which claim 2 depends), is “two waveguide segments.” Therefore, claim 2 lacks proper antecedent basis because it is unclear which “waveguide segment” (of the “two” waveguide segments) is being referred thereto. Claim 2 is therefore rejected as being vague and indefinite under the meaning of 35 U.S.C. 112(b).
Claim 18 recites, after “to 0.1 nm RMS” the limitation "on the side” in the claim body. There is insufficient antecedent basis for this limitation in the claim. The term in claim 1 (upon which claim 18 could recite “the side”), is the phrase “the side facing the active element.” Therefore, claim 18 lacks proper antecedent basis because it is unclear if this “side” is as defined in claim 1, or if this “side” is referring to a different side of the photodetector. Note that later in claim 18, the phrase “on the side on which the active element is arranged on” is used, which is slightly different language than found in claim 1. Claim 18 is therefore rejected as being vague and indefinite under the meaning of 35 U.S.C. 112(b).
Claims 21 and 23 recite the limitation "the photodetector" in the claim body. There is insufficient antecedent basis for this limitation in the claim. The term in claims 20 and 22 (upon which claims 21 and 23 depend), is “at least one photodetector.” Therefore, claims 21 and 23 lack proper antecedent basis because it is unclear which photodetector is being referred thereto. Claims 21 and 23 are thus rejected as being vague and indefinite under the meaning of 35 U.S.C. 112(b).
Allowable Subject Matter
Claims 1, 4, 5, 8, 19, 20, and 21 are allowed. Claim 1 is the sole pending independent claim and was placed in condition for allowance (with other features of dependent claims also amended) in the paper as previously filed on July 22, 2026. Note that other than “Claim Objections” and “Claim Rejections – 35 U.S.C. 112(b)” above, claims 2, 3, 18, 21, and 23 would be allowable over “Prior Art.”
The following is an examiner’s statement of reasons for allowance: the closest prior art of record (Suzuki US ‘121; Niu CN ‘104) does not expressly teach or reasonably suggest, in combination, such features in which the “gate electrode(s)” (see Fig. 1 elements 15a / 15b) are located on the side of the “two waveguide segments” (Fig. 1 elements 12a / 12b) with a “gap” extending therebetween (Fig. 1 element 14) which faces the “active element” (Fig. 1 element 13). Such positioning of the two gate electrodes between the segmented / gapped optical waveguides and the active element (which absorbs light to generate an electrical photo-signal), in a photodetector, is not found anticipated or made reasonably obvious by the closest prior art found in the current record. Further, the Examiner must consider the context of such amended features (both 2/3/26 and 3/18/26) in view of the original specification and drawings (most notably Fig. 1). Suzuki US ‘121 is the single closest prior art found in the current record. For these reasons, the Examiner is unable to present a prima facie case of obviousness to amended claim 1 as required under 35 U.S.C. 103. Claims 2-5, 8, and 18-23 also would be allowable over the “Prior Art” at least as being in dependent claim form (absent objections and indefiniteness, see above).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Because a timely RCE was filed on September 23, 2026, this office action is made NON-FINAL.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Petkovsek whose telephone number is (571) 272-4174. The examiner can normally be reached M-F 7:30 - 6 PM.
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/DANIEL PETKOVSEK/Primary Examiner, Art Unit 2874 October 7, 2026
