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 Rejections - 35 USC § 102
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 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, 8-10, 14-20 are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent Application Publication to Weng 2022/0365273US.
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); 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).
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 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); 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).
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]).
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); 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).
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 forming a substantially transparent polymer (AD1 or 40/50) between the nonlinear optical material and the photonic IC (Figure 3a: 40/50 and 202/3000/3002).
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 4-7 and 11-13 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 Chen 2021/0239904US.
In regards to Claims 4-7 and 11-13, Weng teaches the device of Claims 1, 8, and 9, 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); and the nonlinear optical materials (Figure 3a: 202/3000/3002) is on the glass substrate (Figure 11G: c2; [0092]) and between a portion of the glass substrate and the electrical IC (Figure 11G: see c2 and waveguide area portion 202 and 30H); 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 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.
Weng does not teach further comprising a glass substrate laterally adjacent the photonic IC and over the electrical IC; the encapsulant can be used as dielectric module laterally adjacent IC and between the system substrate and either photonic or glass substrate to coupled photonic IC.
Chen does teach comprising a glass substrate (Figure 1d: 300/500) laterally adjacent the photonic IC and over the electrical IC in order to function as an encapsulant and protect the IC package ([0030-0031]). The encapsulant (Figure 1d: 500/300) can be used as dielectric module laterally (see 300) adjacent IC and between the system substrate and either photonic or glass substrate (See 300 between 500 and components inside 300 divisions) to coupled photonic IC (Figure 1d: 300). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Weng to include a glass substrate position laterally and over the photonic IC and electrical IC in order to protect the device and act as an encapsulant for the entire package (0030-0031).
Weng / Chen do not teach wherein and the substantially transparent polymer has an index of refraction approximately equal to an index of refraction of the nonlinear optical material or the photonic IC.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the refractive index of 40 and 50 to match of the non-linear waveguide in order to reduce coupling loss between the waveguides, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of design choice. that a mere reversal of the working parts of the essential working parts of a device involves only routine skill in the art. In re Leshin, 125 USPQ 146.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 10,288,812US to Evans teaches bonding waveguide to substrates wherein adhesives are used as a transmission medium.
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.
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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.
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/HOANG Q TRAN/ Examiner, Art Unit 2874
/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874