Prosecution Insights
Last updated: July 17, 2026
Application No. 17/986,548

OPTOELECTRONIC APPARATUS AND FABRICATION METHOD OF THE SAME

Non-Final OA §102
Filed
Nov 14, 2022
Priority
Jul 15, 2014 — EU 14177172.5 +1 more
Examiner
GOLUB-MILLER, MARCIA A
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fundació Institut De Ciències Fotòniques
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
157 granted / 306 resolved
-16.7% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
18 currently pending
Career history
328
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
71.5%
+31.5% vs TC avg
§102
10.2%
-29.8% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 306 resolved cases

Office Action

§102
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 Election/Restrictions Applicant’s election without traverse of the embodiment of Figs 3 and 7 (MoS2/HgTe optoelectronic apparatus) in the reply filed on 4/13/26 is acknowledged. Claims 4, 12-18 do not read on the elected embodiment for the following reasons: Claim 4 discloses a limitation “further comprising a top electrode on top of the photosensitizing layer or on top of a dielectric layer arranged on top of the photosensitizing layer.” Additional top electrode or a top dielectric layer are not disclosed in the elected embodiment of Fig 3. Claim 12 discloses a limitation “the interlayer barrier forms a type-II heterojunction with the photosensitizing layer, and a type-II or type-I heterojunction with the transport layer.” These heterojunctions are not disclosed in the elected embodiment of Figs 3 and 7. Claim 13 discloses a limitation “the material of the 2-dimensional semiconductor layer is selected from the group consisting of MoSe2, WS2, WSe2, and SnS2”. These materials are not disclosed in the elected embodiment of Fig 7. Claims 14-15 are dependent on claim 13. Claim 16 discloses a limitation “the material of the 2-dimensional semiconductor layer is selected from the group consisting of MoSe2, WS2, WSe2, and SnS2”. These materials are not disclosed in the elected embodiment of Fig 7. Claims 17-18 are dependent on claim 16. Accordingly, claims 4, 12-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected embodiments of Figs 8-9, there being no allowable generic or linking claim. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows: The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a), except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed application, Application No. 14/800,320, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) for one or more claims of this application. Claim 1 discloses a limitation “material of colloidal quantum dots is AgBiSe2.” There is no support for quantum dots made of silver bismuth selenide in the prior application. The individual limitations of the claims cannot be given separate priority dates, therefore the entire claim 1 is given the effective filing date of 11/14/2022. Claims 2, 3, 5-11 depend on claim 1 and therefore are given the same filing date. 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. Claims 1-3, 5-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Konstantatos et al. (2016/0020352), hereinafter ‘352. Regarding claim 1, Figs 2-3 of ‘352 disclose an optoelectronic apparatus comprising: 1. a substrate [1], a dielectric layer [2], a transport layer [3], and a photosensitizing layer [5], wherein: the transport layer [3] comprises at least one 2-dimensional semiconductor layer [MoS2], wherein the material of the 2-dimensional semiconductor layer is MoS2; the photosensitizing layer [5] comprises colloidal quantum dots for absorbing light that, in response to incident light [9], generates pairs of electric carriers [holes 10 and electrons 11], traps a single type of electric carriers [holes 10] of said pairs therein, and transfers a distinct single type of electric carriers [electrons 11] of said pairs to the transport layer [3], to be transported thereby, wherein the material of said colloidal quantum dots is selected from the group consisting of Ge, HgTe, and AgBiSe2 [HgTe paragraph 0009]; and wherein the optoelectronic apparatus further comprises: a first electrode [6] and a second electrode [7] connected to the transport layer [3], the transport layer [3] being adapted to generate, and make flow through a transport channel, an electric current [11] between the first electrode [6] and the second electrode [7] upon incidence of incoming light [9] in the photosensitizing layer [5]; and further wherein a type-II heterojunction is formed between the photosensitizing layer [5] and the transport layer [3] to thereby provide a photoconductive gain.” See Figs 5-6 and paragraphs 0029, 0041 and 0042. Also, the formation of type-II heterojunction is inherent to the disclosed materials. Regarding claims 2, 3, 5-11, ‘352 discloses: 2. “further comprising a third electrode [8] connected to the substrate [1]; and a voltage source [VG] connected to the third electrode and providing a bias voltage thereto to tune a conductivity of the transport layer by applying the bias voltage to the third electrode, to the point that the transport channel is depleted of free carriers in order to minimize its conductivity in dark.” See Fig 4 and paragraph 0040 3. 2, “wherein said bias voltage provided by the voltage source ranges from 0.1 V to 10 V or from −0.1 to −10V.” see Fig 5 5. “wherein the substrate layer [1] comprises a doped semiconductor selected from the group consisting of Si, ITO, aluminum doped zinc oxide (AZO), and graphene.” See paragraph 0011 6. “wherein the material of the dielectric layer [2] is selected from the group consisting of SiO2, HfO2, Al2O3, parylene, and boron nitride.” See paragraph 0011 7. “wherein the transport layer [3] consists of a number of 2-dimensional semiconductor layers ranging from one to one hundred [2-10].” See paragraph 0010 8. “further comprising an interlayer barrier [12] between the transport layer [3] and the photosensitizing layer [5].” 9. “wherein the interlayer barrier [12] is selected from the group consisting of ZnO, TiO2, Alumina, Hafnia, and boron nitride.” See paragraph 0012 10. “wherein the interlayer barrier [12] comprises a self-assembled monolayer of organic molecules selected from the group consisting of ethanedithiol, propanedithiol, butanedithiol, octanedithiol, and dodecanedithiol.” See paragraph 0012 11. “wherein the interlayer barrier [12] has a thickness between 0.1 and 10 nm.” See paragraph 0012 Pertinent Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant’s attention is drawn to the references cited on form PTO-892 which lists other references with similar features as the invention. However, none of them disclose all the features of the allowable claims. Contact Info Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. A. GOLUB-MILLER whose telephone number is (571)272-8602. The examiner can normally be reached on M-F 9-5. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MinSun Harvey can be reached on (571) 272-1835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /M. A. Golub-Miller/ Primary Examiner, Art Unit 2828
Read full office action

Prosecution Timeline

Nov 14, 2022
Application Filed
May 19, 2026
Non-Final Rejection mailed — §102 (current)

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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
51%
Grant Probability
78%
With Interview (+26.3%)
3y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 306 resolved cases by this examiner. Grant probability derived from career allowance rate.

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