Prosecution Insights
Last updated: October 02, 2026
Application No. 18/090,258

ELECTRO-OPTICAL CIRCUITS WITH LOW-COST SWITCHABLE PHOTONIC INTERFACE

Final Rejection §103
Filed
Dec 28, 2022
Examiner
TRAN, HOANG Q
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
394 granted / 582 resolved
At TC average
Strong +33% interview lift
Without
With
+32.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
28 currently pending
Career history
612
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
61.8%
+21.8% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 582 resolved cases

Office Action

§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 . Claim Objections Claim 13 recites the limitation "the system substrate" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 1-10, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Weng 2022/0365273US in view of US Patent Application Publication to Pan 2021/0313304US. In terms of Claim 1, Weng teaches an apparatus (Figure 3a), comprising: a photonic integrated circuit (IC – Figure 3a: 300a), comprising a first surface (Figure 3a: 3004); an electrical IC ((Figure 3a: 30a and 10), comprising a first metallization structure (Figure 3a: 312; [0034]), a second metallization structure (Figure 3a: 104 or Figure 8: 10f which includes 112; [0069]), and a second surface (Figure 3a: 102), wherein a first portion (top portion of 102 is coupled 104 and 312) of the second surface is electrically coupled to the first surface (Figure 3a: 104/312); a substrate (Figure 10: substrate 78 acts as an encapsulant) laterally adjacent the photonic IC (Figure 11h: 300H which is similar to the orientation of photonic circuit of 300a shown in Figure 3a) and over the electrical IC (Figure 10: and substrate 10h forms the electrical IC), wherein a substantially transparent polymer (Figure 10: 40 which can be made of epoxy of which is a polymer material [0036]. 40 is also transparent because it allows light from 202 to be coupled to 3002 [0088]) is between the glass substrate and the photonic IC (Figure 10: 40 has a top surface that between 78 and 30H / 300H as shown below); PNG media_image1.png 472 603 media_image1.png Greyscale and a switchable waveguide device (Figure 3a: 3000 /3002 and 202 or either 202 or 3000/3002 in any combination thereof), comprising a nonlinear optical material ([0029-0030]) and the first and second metallization structures (104/112 and 312), wherein the nonlinear optical material (in 202 or 3000 or both) is over a second portion of the second surface (Figure 3a: 202/3000 is located over 102), and the first (312) and second metallization structures (104/112) are on or below the second portion of the second surface and on opposite sides of the nonlinear optical material (Figure 3a: 3000/202 and 312, 112/104 and 102). Weng does not teach wherein the substrate 78 is made of glass. Pan teaches a substrate encapsulate 126 used to cover the top components of the device, wherein the encapsulant is made of glass ([0032]). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the material of the encapsulant of Weng to be made of silicate glass to provide a more rigid cover for the device. Further silicate glass has similar CTE to other known semiconductor materials thus allow the thermal stress to be well tolerate in the device for better thermal durability during operations compare to polymer/resin base encapsulant. As for Claim 2, Weng teaches the device of Claim 1, wherein the first portion (top surface of 102) of the second surface is directly bonded to the first surface (Figure 3a: 102 is bonded to 3004 via 50/40). As for Claim 3, Weng teaches the device of Claim 1, wherein the photonic IC comprises the nonlinear optical material ([0029-0030]). In regards to Claims 4-7, Weng teaches the device of Claims 1, wherein a sidewall of the substrate laterally adjacent (Figure 10: left side of 78 is adjacent 30H, right side of 78 is adjacent to 300H) and directly on a sidewall of the photonic IC (Figure 10: top sidewall portion of 78 is located “directly on” the top surface 30H. Further left and right side portions of 78 can be considered on if the Figure 10 is rotated + or – 90 degrees) and over the electrical IC (Figure 10: left side of 78 is located on top of electrical IC 10H); and the nonlinear optical materials (Figure 3a: 202/3000/3002) is on the substrate (Figure 10: 202/3000/3002 is considered on top of 78 if Figure 10 was flipped upside down) and between a portion of the substrate and the electrical IC (Figure 11G: see c2 and waveguide area portion 202 is between 10H and 78); wherein the nonlinear optical material directly contacts the photonic IC (Figure 11G: 3000/3002 is within the 300H which is part of the Photonic IC 300H thus being in contact with the inner walls); wherein the nonlinear optical material (Figure 3a: 202/3000/3002) adjoins a substantially transparent polymer (Figure 3a: 40/50) between the glass substrate and the photonic IC (Figure 11G: see c2 and 30H);, wherein a transparent polymer adhesive (40 or 50; wherein 40 is a polymer epoxy [0036]) is used to bond the waveguide and the various IC to each other. In terms of Claim 8, Weng teaches a system, comprising: an electrical integrated circuit (IC – Figure 11G: 10H and components with layer 50), coupled to a substrate (Figure 11G: C2), the electrical IC (Figure 11G: 10H and all of layers 50) comprising a first metallization structure (Figure 7: 312) and a second metallization structure (Figure 7: 104); a photonic IC (Figure 3a: 300a or Figure 11G: 300H), wherein the photonic IC is electrically coupled to a first portion of the electrical IC (Figure 7: using components in layer 30E and 10); a substrate (Figure 10: substrate 78 acts as an encapsulant) laterally adjacent the photonic IC (Figure 11h: 300H which is similar to the orientation of photonic circuit of 300a shown in Figure 3a) and over the electrical IC (Figure 10: and substrate 10h forms the electrical IC), wherein a substantially transparent polymer (Figure 10: 40 which can be made of epoxy of which is a polymer material [0036]. 40 is also transparent because it allows light from 202 to be coupled to 3002 [0088]) is between the glass substrate and the photonic IC (Figure 10: 40 has a top surface that between 78 and 30H / 300H as shown below); and a switchable waveguide device (Figure 7: 202/3000/3002 or Figure 11G: 202/3000/3002), comprising a nonlinear optical material ([0029-0030]) and the first and second metallization structures (312/104 is coupled to or is part of the waveguide layer 3002/202 and is part of the waveguide structure 3000), wherein the first and second metallization structures (104/312) are on opposite sides of the nonlinear optical material (Figure 11g: 312/104 are opposite of the waveguide 3000 /202 or 3002)l, and the nonlinear optical material is over a second portion of the electrical IC and within (Figure 3: 3002 is over part of 10H) within the (3002 is also within 10H), or coupled to, the photonic IC (3002 is also coupled 30H). Weng does not teach wherein the substrate 78 is made of glass. Pan teaches a substrate encapsulate 126 used to cover the top components of the device, wherein the encapsulant is made of glass ([0032]). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the material of the encapsulant of Weng to be made of silicate glass to provide a more rigid cover for the device. Further silicate glass has similar CTE to other known semiconductor materials thus allow the thermal stress to be well tolerate in the device for better thermal durability during operations compare to polymer/resin base encapsulant. As for Claim 9, Weng teaches the device of Claim 8, wherein the first portion of the electrical IC is directly bonded to the photonic IC (Figure 3a: 40/50 or Figure 11G: 40/50). As for Claim 10, Weng teaches the device of Claim 8, wherein the photonic IC comprises the nonlinear optical material ([0029-0030]). As for Claim 12, Weng teaches the device of Claim 8, wherein the nonlinear optical material is on the substrate (Figure 10: 202 is considered on top of 78 if the orientation of Figure 10 was flipped upside down) and between the electrical IC and a portion of the substrate (Figure 10 upside down: 202 is between 78 and 10H). As for Claim 13, Weng teaches the device of Claim 8, further comprising a module dielectric (Figure 10: layer 50 or layer MS wherein layer MS is an insulator or dielectric material [0086]. Weng does not mention that layer 50 is a dielectric material, however layer 50 is placed between electrical conducting structures [0036]; hence a dielectric material must be present otherwise all the electrical connections with short circuit with each other and render the device inoperable); and between the substrate of 10 and photonic IC (30H) or an encapsulant substrate (78). In terms of Claim 14, Weng teaches a method, comprising: receiving a nonlinear optical material (Figure 3a: 202/3002/3000; [0029-0030]), a photonic integrated circuit (Figure 3a: 300), and an electrical IC (Figure 3a: 10 and 30a), the electrical IC comprising a first metallization structure (Figure 3a: 312) and a second metallization structure (Figure 3a: 104/112); a substrate (Figure 10: substrate 78 acts as an encapsulant) laterally adjacent the photonic IC (Figure 11h: 300H which is similar to the orientation of photonic circuit of 300a shown in Figure 3a) and over the electrical IC (Figure 10: and substrate 10h forms the electrical IC), wherein a lateral sidewall of substantially transparent polymer (Figure 10: 40 which can be made of epoxy of which is a polymer material [0036]. 40 is also transparent because it allows light from 202 to be coupled to 3002 [0088]) is on a lateral sidewall of the substrate (Applicant’s Figure 8E: transparent resin material 60 is shown to be on the vertical lateral sidewall of 140; Weng teaches in Figure 10: layer 40 is also on a vertical lateral sidewall of 30H and substrate 78) and is on a lateral sidewall of the photonic IC (Figure 10: 40 is located in a trench that contacts on a vertical sidewall of 30H); forming a switchable waveguide device (Figure 3a:3002/202/3000 are made using nonlinear materials [0029-0030] which allows waveguide to have switching functions), the switchable waveguide device comprising the nonlinear optical material ([0029-0030]) and the first (312) and second (104) metallization structures; and coupling the photonic IC (300a) and the electrical IC (30a and 10 using 40/50). Weng does not teach wherein the substrate 78 is made of glass. Pan teaches a substrate encapsulate 126 used to cover the top components of the device, wherein the encapsulant is made of glass ([0032]). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the material of the encapsulant of Weng to be made of silicate glass to provide a more rigid cover for the device. Further silicate glass has similar CTE to other known semiconductor materials thus allow the thermal stress to be well tolerate in the device for better thermal durability during operations compare to polymer/resin base encapsulant. As for Claim 15, Weng teaches the method of Claim 14, wherein coupling the photonic IC and the electrical IC comprises directly bonding the photonic IC and the electrical IC (Figure 3a: 40/50). As for Claim 16, Weng teaches the method of Claim 14, wherein forming the switchable waveguide device comprises coupling the nonlinear optical material to the electrical IC (Figure 3a: 202/3000/3002 to layer 10 and 30a), wherein the nonlinear optical material is coupled above the first and second metallization structures (Figure 3a: 202/3002/3000 is located above 10, more specially layers of 10 below 40/50), and the first and second metallization structures are on opposite sides of the nonlinear optical material (104/312 are located on opposite edges of 202/3002/3000 as shown in Figure 3a and Figure 8). As for Claim 17, Weng teaches the method of Claim 16, wherein forming the switchable waveguide device (202/3000/3002) comprises directly bonding the nonlinear optical material or the electrical IC to the photonic IC (Figure 3a: 40/50 to 30a/10). As for Claim 18, Weng teaches the method of Claim 14, wherein forming the switchable waveguide device (Figure 11G: 202/3000/3002) comprises depositing the nonlinear optical material on a glass substrate (Figure 11G: c2; [0092]). As for Claim 19, Weng teaches the method of Claim 14, further comprising coupling the glass substrate to the photonic IC (Figure 11g: 50 and [0092]). As for Claim 20, Weng teaches the method of Claim 14, further comprising wherein a lateral sidewall of the substantially transparent polymer (40) is directly on a lateral sidewall of the photonic IC (Figure 10: 40 and 30H/300H). Response to Arguments Applicant’s arguments with respect to claim(s) 1, 8 and 14 have been considered but are moot because the new ground of rejection does not rely on the combination references in the prior rejection of record for any teaching or matter specifically challenged in the argument. The applicant has amended claims 1 and 8 with the following: “a glass substrate laterally adjacent the photonic IC and over the electrical IC, wherein a substantially transparent polymer is between the glass substrate and the photonic IC” (claim 1 and 8). The applicant has also amended claim 14 with newly added limitations of: “wherein a glass substrate is laterally adjacent the photonic IC and over the electrical IC, wherein a lateral sidewall of a substantially transparent polymer is on a lateral sidewall of the glass substrate and is on a lateral sidewall of the photonic IC” (Claim 14). The applicant argues the prior does not teach newly amended limitations claimed. The examiner has established new grounds of rejection wherein Weng teaches “a substrate (Figure 10: substrate 78 acts as an encapsulant) laterally adjacent the photonic IC (Figure 11h: 300H which is similar to the orientation of photonic circuit of 300a shown in Figure 3a) and over the electrical IC (Figure 10: and substrate 10h forms the electrical IC), wherein a substantially transparent polymer (Figure 10: 40 which can be made of epoxy of which is a polymer material [0036]. 40 is also transparent because it allows light from 202 to be coupled to 3002 [0088]) is between the glass substrate and the photonic IC (Figure 10: 40 has a top surface that between 78 and 30H / 300H as shown below)”. Pan was introduced to teach the glass material of encapsulant substrate as detailed above. This action is therefore made FINAL as detailed above. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm 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, Uyen-Chau Le can be reached at 5712722397. 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. /HOANG Q TRAN/ Examiner, Art Unit 2874 /UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Dec 28, 2022
Application Filed
Jul 03, 2023
Response after Non-Final Action
Mar 17, 2026
Non-Final Rejection mailed — §103
Jun 17, 2026
Response Filed
Aug 27, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+32.7%)
3y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 582 resolved cases by this examiner. Grant probability derived from career allowance rate.

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