Prosecution Insights
Last updated: August 18, 2026
Application No. 18/036,938

WAVELENGTH-CONVERTING NEAR-INFRARED OPTICAL RECEIVER AND METHOD

Final Rejection §102§103
Filed
May 15, 2023
Priority
Nov 16, 2020 — provisional 63/114,074 +1 more
Examiner
WOLDEGEORGIS, ERMIAS T
Art Unit
2893
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
King Abdullah University of Science and Technology
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
540 granted / 761 resolved
+3.0% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
801
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
70.9%
+30.9% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
3.5%
-36.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 resolved cases

Office Action

§102 §103
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 Amendment Claims 1 and 22 have been amended; and Claims 1-22 are currently pending. 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, 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. Claims 1-11 and 22 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over OOI et al. (WO 2020/170166 A1, hereinafter “OOI”) in view of et al. Tiecke et al. (US 2017/0346556 A1, hereinafter “Tiecke”) In regards to claim 1, OOI discloses (See, for example, Figs. 1 and 2) an optical converting receiver for changing a visible light beam into a near-infrared, NIR, light beam, the optical converting receiver comprising: a substrate (102); a non-silicon-based optical element (110) located on the substrate (102) and configured to receive the visible light beam (141) and convert the visible light beam into the NIR light beam (See, for example, Abstract), the non-silicon-based optical element comprising a polymer-based core encapsulated by a first cladding that is transparent to the visible light beam (“…each waveguide 110 has a core layer 210 and a cladding layer 220, … The cladding layer is configured to fully enclosed the core layer.” See for example, Par [0032]; “The incoming light 540 enters directly through the cladding layer 514 into the core layer 512, … the core layer 512 includes a wavelength-converting material 513 which converts up or down the wavelength of the incoming light 540”, See Par [0048]; See also Pars [0036] and [0051]; a cladding through which visible incoming light passes to reach the converting material in the core is necessary transparent to that visible light. The recited transparency of the first cladding is therefore inherently by the reference; the entrance path taught in Par [0048] cannot function unless cladding 514 transmits the visible beam); a silicon-based optical element (122) located on the substrate (102) and optically coupled to the non-silicon-based optical element (110), the silicon-based optical element (122) being (See, or example, Par [0034]) silicon-based waveguide encapsulated by a second cladding that is opaque to the visible light beam (“The output from the optical coupling system 120 is then guided along a silicon-based waveguide 122 into the high-speed silicon-based photodiode 130.”, See Par [0034]; “The cladding layer is configured to fully enclosed the core layer.”, See Par [0032]); and a photodetector (130) located on the substrate (102) and optically coupled to the silicon-based optical element (122), the photodetector (130) being configured to convert the NIR light beam into an electrical signal (See, for example, Par [0037]). OOI is silent about expressly stating that the core layer is a polymer core; the cladding encapsulating the silicon-based waveguide is opaque to the visible light beam; and a photodetector detects NIR light beam at a wavelength of about 1200 to 1400 nm. Tiecke while disclosing an apparatus including a wavelength-shifting element configured to receive an input-light signal teaches (See, for example, Fig. 3) the core layer is a polymer core (“wavelength-shifting element 250 may include an encapsulant material 300 … wavelength-shifting material 310 may be contained within, distributed throughout, or incorporated into an encapsulant material 300”, “encapsulant material 300 may include a polymer or plastic material, such as for example, poly(methyl methacrylate) (which may be referred to as PMMA or acrylic), an acrylate-based polymer, polycarbonate, cyclic olefin copolymer (COC), or polyethersulfone (PES).”, See Par [0037]; “encapsulant material 300 alone (e.g., without wavelength-shifting material 310 present) may be substantially transparent to input optical light 240 or wavelength-shifted light 255. … having an optical transmission for optical signal 240 or wavelength-shifted light 255 of greater than or equal to 80%, 90%, or 95%.”, See Par [0038]; furthermore, it additionally discloses a transparent polymer body encapsulating the converting element (“…substrate 600 may be a substantially transparent material, such as for example glass (e.g., fused silica), plastic, or polymer (e.g., PMMA). …substrate 600 may have an optical transmission for optical signal 240 or emitted light 255 of greater than or equal to 80%, 90%, or 95%.”, See Par [0049]); See also Par [0037], i.e., a visible-transmissive polymer layer surrounding the converting layer, corresponding to the recited first cladding layer); the cladding encapsulating the silicon-based waveguide is opaque to the visible light beam (a person f ordinary skill affirmatively recognized the need to exclude ambient visible light from the detection path to preserve signal-to-noise ratio, and engineered structures to do so (“TIA 280 may have an AC-coupled (or, alternating-current-coupled) configuration or may include a high-pass filter that reduces, removes, or filters out a DC portion from the electrical-current signal 275. Removing the DC-current component may reduce or eliminate the sensitivity of TIA 280 to effects associated with ambient background light (e.g., room light or sunlight).”, See Par [0032]; and discloses wavelength-band-selective optical layers that transmit one band while rejecting another (“a dielectric coating applied to front surface 340 may act as an AR-coating for input light 240 and an HR-coating for emitted light 255. … a reflectivity of <1% from approximately 375 nm to 425 nm and a reflectivity of >90% from approximately 475 nm to 525 nm.”, See Par [0048]). Therefore, as a design tool in this very field, that a layer surrounding the optical path may be made selectively transmissive to one wavelength band and selectively blocking to another); and a photodetector detects NIR light beam at a wavelength of about 1200 to 1400 nm (See Par [0004]; See Pars [0030], [0023]; as to the corresponding detector See Par [0054]; as to the NIR-in/NIR-out, See Par [0042]). Furthermore, it is well known in the art that the provision of an opaque cladding, buffer, jacket, or coating around a silica or silicon-based optical waveguide or fiber for the purpose of excluding ambient and stray light and providing mechanical protection. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the waveguide photodetection receiver of OOI with the transparent polymer converting core of Tiecke because this would help provide a detector having a large effective collection area while maintaining a fast response time. In regards to claim 22, OOI discloses (See, for example, Figs. 1 and 2) a visible light-based communication method, the method comprising: generating a visible light beam (‘generated with the light source 141’, See Par [0054]); encoding the visible light beam with data (“encoded in the incoming optical light 140’, see Par [0037]); emitting encoded visible light beam (‘the incoming light 140 is then received…’, See for example, Par [0054]); receiving the encoded visible light beam (140) at a polymer-based optical element (110) having a polymer-based core encapsulated by a first cladding that is transparent to the encoded visible light beam (“…each waveguide 110 has a core layer 210 and a cladding layer 220, … The cladding layer is configured to fully enclosed the core layer.” See for example, Par [0032]; “The incoming light 540 enters directly through the cladding layer 514 into the core layer 512, … the core layer 512 includes a wavelength-converting material 513 which converts up or down the wavelength of the incoming light 540”, See Par [0048]; See also Pars [0036] and [0051]; a cladding through which visible incoming light passes to reach the converting material in the core is necessary transparent to that visible light. The recited transparency of the first cladding is therefore inherently by the reference; the entrance path taught in Par [0048] cannot function unless cladding 514 transmits the visible beam); converting (See, for example, Par [0038]) the encoded visible light beam (140) into an encoded near-infrared, NIR, light beam with quantum dots (212) located within the polymer-based optical element (110); transmitting the encoded NIR light beam along a silicon-based optical element (122) to a photodetector (130) to generate an electrical signal (‘…then to supply the output light 142, having the second wavelength, to the photodiode 130 for detection and decoding…’, See, for example, Par [0038]); and decoding the electrical signal with a processor to extract the encoded data (‘…electrical signal 144, which is provided to the electronics 150 for decoding…’, See, for example, Par [0037]). OOI is silent about expressly stating that the core layer is a polymer core; the cladding encapsulating the silicon-based waveguide is opaque to the visible light beam; and a photodetector detects NIR light beam at a wavelength of about 1200 to 1400 nm. Tiecke while disclosing an apparatus including a wavelength-shifting element configured to receive an input-light signal teaches (See, for example, Fig. 3) the core layer is a polymer core (“wavelength-shifting element 250 may include an encapsulant material 300 … wavelength-shifting material 310 may be contained within, distributed throughout, or incorporated into an encapsulant material 300”, “encapsulant material 300 may include a polymer or plastic material, such as for example, poly(methyl methacrylate) (which may be referred to as PMMA or acrylic), an acrylate-based polymer, polycarbonate, cyclic olefin copolymer (COC), or polyethersulfone (PES).”, See Par [0037]; “encapsulant material 300 alone (e.g., without wavelength-shifting material 310 present) may be substantially transparent to input optical light 240 or wavelength-shifted light 255. … having an optical transmission for optical signal 240 or wavelength-shifted light 255 of greater than or equal to 80%, 90%, or 95%.”, See Par [0038]; furthermore, it additionally discloses a transparent polymer body encapsulating the converting element (“…substrate 600 may be a substantially transparent material, such as for example glass (e.g., fused silica), plastic, or polymer (e.g., PMMA). …substrate 600 may have an optical transmission for optical signal 240 or emitted light 255 of greater than or equal to 80%, 90%, or 95%.”, See Par [0049]); See also Par [0037], i.e., a visible-transmissive polymer layer surrounding the converting layer, corresponding to the recited first cladding layer); the cladding encapsulating the silicon-based waveguide is opaque to the visible light beam (a person f ordinary skill affirmatively recognized the need to exclude ambient visible light from the detection path to preserve signal-to-noise ratio, and engineered structures to do so (“TIA 280 may have an AC-coupled (or, alternating-current-coupled) configuration or may include a high-pass filter that reduces, removes, or filters out a DC portion from the electrical-current signal 275. Removing the DC-current component may reduce or eliminate the sensitivity of TIA 280 to effects associated with ambient background light (e.g., room light or sunlight).”, See Par [0032]; and discloses wavelength-band-selective optical layers that transmit one band while rejecting another (“a dielectric coating applied to front surface 340 may act as an AR-coating for input light 240 and an HR-coating for emitted light 255. … a reflectivity of <1% from approximately 375 nm to 425 nm and a reflectivity of >90% from approximately 475 nm to 525 nm.”, See Par [0048]). Therefore, as a design tool in this very field, that a layer surrounding the optical path may be made selectively transmissive to one wavelength band and selectively blocking to another); and a photodetector detects NIR light beam at a wavelength of about 1200 to 1400 nm (See Par [0004]; See Pars [0030], [0023]; as to the corresponding detector See Par [0054]; as to the NIR-in/NIR-out, See Par [0042]). Furthermore, it is well known in the art that the provision of an opaque cladding, buffer, jacket, or coating around a silica or silicon-based optical waveguide or fiber for the purpose of excluding ambient and stray light and providing mechanical protection. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the waveguide photodetection receiver of OOI with the transparent polymer converting core of Tiecke because this would help provide a detector having a large effective collection area while maintaining a fast response time. In regards to claim 2, OOI discloses (See, for example, Fig. 2) the non-silicon-based optical (110) element includes (1) a transparent polymer (210/220) and (2) quantum dots (212) distributed within the transparent polymer and configured to change a first wavelength of the visible light beam to a second wavelength of the NIR light beam. In regards to claim 3, OOI discloses (See, for example, Figs. 1 and 2) the first wavelength is between 400 and 680 nm and the second wavelength is between 750 nm and 2.0 μm (See, for example, Abstract). In regards to claim 4, OOI discloses (See, for example, Figs 1 and 2) the non-silicon-based optical element (110) has one or more sidewalls and two end sides, and the visible light beam (140) enters through the one or more sidewalls of the non-silicon-based optical element. In regards to claim 5, OOI discloses (See, for example, Figs. 1 and 2) the non-silicon-based optical element (110) is a polymer-based optical fiber (See, for example, Par [0034], and Par [0042]) and the silicon-based optical element (122) is a silica optical fiber. In regards to claim 6, OOI discloses (See, for example, Figs. 1 and 2) the quantum dots (212) include perovskite particles. But is silent about the quantum dots that include lead sulphide However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a sulphide-based quantum dot (e.g., CdS, PbS, ZnS, CuInS₂, or Ag₂S) in place of the perovskite quantum dot of OOI because sulphide quantum dots are well-known functional equivalents that exhibit the same size-tunable bandgaps, quantum confinement effects, and photoluminescent properties suitable for optoelectronic applications. One of ordinary skill would have been motivated to select sulphide-based quantum dots for their superior ambient stability compared to moisture-sensitive perovskites, mature and well-optimized synthesis routes, broad spectral tunability from visible to near-infrared wavelengths. The selection of a sulphide quantum dot from among the finite number of recognized quantum dot material classes. MPEP § 2144.06. In regards to claim 7, OOI discloses (See, for example, Figs. 1 and 2) the quantum dots (212) have at least one of a photoluminescence quantum yield of more than 50% and a radiative recombination lifetime of 10 ps to 1 ms (See, for example, Par [0035]). In regards to claim 8, OOI discloses (See, for example, Figs. 1 and 2) the non-silicon-based optical element (110) is a polymer-based waveguide, and the silicon-based optical element (122) is a silica-based waveguide. In regards to claim 9, OOI discloses (See, for example, Figs. 1 and 2) the polymer-based waveguide (110) has a cross-section area larger than a cross-section area (See, for example, Par [0034]) of the silica-based waveguide (122). In regards to claim 10, OOI discloses (See, for example, Figs. 1 and 2) an optical coupler (120) optically coupling a first end of the polymer-based waveguide (110) to a first end of the silica-based waveguide (122). In regards to claim 11, OOI discloses (See, for example, Figs. 1 and 2) the polymer-based waveguide (110). However, OOI silent about a diffraction-grating-based surface coupler attached to a second end of the polymer-based waveguide to direct the visible light beam to the first end of the polymer-based waveguide. Diffraction-grating based surface couplers are well-known and conventional optical coupling elements used to couple light into and out of planar waveguides. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to attach a diffraction-grating based surface coupler to the non-silicon based waveguide of OOI because grating couplers are recognized in the art as efficient means for coupling light between free-space optical sources and planar waveguide structures, offering advantages including relaxed alignment tolerances compared to edge coupling, and the ability to couple light at nearly vertical incidence angles which simplifies optical system integration. The use of diffraction-grating couplers with various waveguide material platforms, including non-silicon materials, is well-established in integrated photonics, and one of ordinary skill would have had a reasonable expectation of success in applying this known coupling technique to the waveguide structure of OOI to achieve predictable optical coupling functionality. See MPEP § 2144.03. Allowable Subject Matter Claims 12 is allowed over prior art of record. In regards to claim 12, Elwell (USPN 9755741 B1) teaches an optical-based communication system comprising: a light source (112) configured to generate visible light; a transmitter (108); an optical converting receiver (104) configured to receive another visible light beam; and a processor (102). The following is an examiner' s statement of reasons for allowance: the prior art of record neither anticipates nor renders obvious the claimed subject matter of the instant application as a whole either taken alone or in combination, in particular, prior art of record does not teach a transmitter configured to receive the visible light and emit a mixture of a first visible light beam and a second visible light beam, wherein the first visible light beam is free of data and the second visible light beam is encoded to include data; an optical converting receiver configured to receive another visible light beam containing encoded data and convert the another visible light beam into a near-infrared, NIR, light beam; and a processor configured to encode the visible light and decode the NIR light beam. Claims 13-21 are also allowed as being dependent of the allowed independent base claim. 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.” Response to Arguments Applicant’s arguments with respect to claims 1 and 22 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion 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. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERMIAS T WOLDEGEORGIS whose telephone number is (571)270-5350. The examiner can normally be reached on Monday-Friday 8 am - 5 pm E.S.T.. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Britt Hanley can be reached on 571-270-3042. 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. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 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. /ERMIAS T WOLDEGEORGIS/Primary Examiner, Art Unit 2893
Read full office action

Prosecution Timeline

May 15, 2023
Application Filed
Jan 22, 2026
Non-Final Rejection mailed — §102, §103
Apr 22, 2026
Response Filed
Aug 06, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
83%
With Interview (+12.4%)
2y 10m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allowance rate.

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