Prosecution Insights
Last updated: October 02, 2026
Application No. 18/092,145

OPTICAL DEVICE

Final Rejection §102§103§112
Filed
Dec 30, 2022
Examiner
ENDRESEN, KIRSTEN DANIELA
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Advanced Semiconductor Engineering Inc.
OA Round
4 (Final)
71%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
57 granted / 80 resolved
+3.3% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
107
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
49.4%
+9.4% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 80 resolved cases

Office Action

§102 §103 §112
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 . 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. Response to Amendment The Amendment filed on 06 June, 2026 has been fully considered and entered. In response to the amendments to the claims, the previously raised claim objections, drawings objections, and rejections under 35 U.S.C. 112(b) are withdrawn. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3, 5-7, 9, and 30 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. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 12, 15, 21-23, and 35-37 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 12: Claim 12 recites “a first waveguide partially embedded in the first dielectric layer”, “a second waveguide partially embedded in the second dielectric layer” and “a gradient index structure”. The originally filed specification does not disclose a single embodiment having each of these features. Fig. 2A shows a first waveguide partially embedded in a first dielectric layer and a second waveguide partially embedded in a second dielectric layer, having an exposed portion of each waveguide in a recess 220R/420R of the first/second dielectric layer. Fig. 2E shows a gradient index structure but no recess. Furthermore, the gradient index layer is not disclosed to be formed on an exposed portion of the waveguide. Rather, it is suggested that the gradient index structure is formed by doping portions of the first/second dielectric material (see paragraph 0080 and new claim 35). Regarding claims 15, 21-23, and 35-37: Dependent claims 15, 21-23, and 35-37 inherently contain all of the deficiencies of any base and/or intervening claims from which they depend. 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 30-32 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. Regarding claim 30: Claim 30 recites the limitation "the optical coupling structure" in line 30. There is insufficient antecedent basis for this limitation in the claim. It is unclear whether “the optical coupling structure” refers to “the first optical coupling structure”, “the second optical coupling structure”, or “the optical connection element”. For the purpose of examination, it is interpreted as “the first optical coupling structure” since it is claimed to contact the first waveguide of the first photonic component. Regarding claims 31-32: Claims 31-32 inherently contain all of the deficiencies of any base and/or intervening claims from which they depend. 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 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (US 2022/0342164; hereinafter Chen). Regarding claim 1: Chen disclosesAn optical device, comprising: a first photonic component (see annotated Fig. 6, first IC has a first photonic component, best represented in Fig. 2A as PIC 102 and/or WG2 132) and a second photonic component (see annotated Fig. 6, second IC has a second photonic component, best represented in Fig. 2A as PIC 102 and/or WG2 132) arranged side-by-side over a top surface of a carrier (Fig. 6, carrier 650; additionally, see paragraph 0076); a third photonic component (see annotated Fig. 6, third IC has a third photonic component, best represented in Fig. 2A as PIC 102 and/or WG2 132) and a fourth photonic component (see annotated Fig. 6, fourth IC has a fourth photonic component, best represented in Fig. 2A as PIC 102 and/or WG2 132) arranged side-by-side over the top surface of the carrier (Fig. 6 shows this; additionally, see paragraph 0076) and adjacent to the first photonic component and the second photonic component (Fig. 6 shows this); a first electronic component (first IC shown in annotated Fig. 6A has a first electronic component at least partially over the first photonic component, best represented in Fig. 2A as EIC 112) at least partially over the first photonic component; and an optical connection element (Fig. 6, waveguide array 660) at least partially over and optically coupled to the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component (see paragraph 0076), wherein the optical connection element is disposed adjacent to and spaced apart from a lateral side of the first electronic component (a lateral side surface of first electronic component is best represented in Fig. 2, a left or right side surface of EIC 112; the optical connection element is near, i.e. adjacent to, the lateral side surface, and it is not in contact with the side surface, so it is spaced apart from it), the optical connection element having a surface facing (the waveguide array 660 is over and optically coupled to the top surface of the first photonic component; the light is necessarily coupled into the waveguide array through a surface, since light has to go from being outside the waveguide array to being inside the waveguide array; that surface is facing and optically coupled to the first photonic component) and optically coupled to the top surface of the first photonic component via a first optical coupling structure (annotated Fig. 6, optical coupling structure of first IC, best represented in Fig. 2A, waveguide 208 and grating 276) and the top surface of the second photonic component via a second optical coupling structure (annotated Fig. 6, optical coupling structure of second IC, best represented in Fig. 2A, waveguide 208 and grating 276), and wherein the optical connection element has four corners (annotated Fig. 6, shaded corners), each of the corners at least partially overlaps a corresponding photonic component of the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component in a top view (annotated Fig. 6 shows this). Annotated Fig. 6: PNG media_image1.png 492 590 media_image1.png Greyscale Regarding claim 33: Chen disclosesThe optical device as claimed in claim 1 (as applied above), wherein the first photonic component (interpreted as multilayer structure WG2) comprises a first waveguide (waveguides WG2 comprises a first waveguide), the first waveguide comprising a top portion facing the top surface of the first photonic component (Fig. 1B top surface of core 136 facing 107) and an edge portion opposite to the top portion (Fig. 1B, bottom surface of core 136 facing 160), and the first waveguide is optically coupled to the optical connection element through the top portion and not through the edge portion (see paragraph 0040 and paragraph 0056 and Figs. 1F-1H). Claims 1 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giles et al. (US 2022/0404566; hereinafter Giles). Regarding claim 1: Giles disclosesAn optical device, comprising: a first photonic component (the first photonic component is mapped to a vertical coupling element, see paragraph 0492, configured to couple with a lens at the corner of the lens array 6518, which is best shown in Fig. 66, nearest to the label first photonic component of Annotated Fig. 71A) and a second photonic component (see annotated Fig. 71A, second photonic component is mapped to a vertical coupling element, see paragraph 0492, configured to couple with a lens at the corner of the lens array 6518, which is best shown in Fig. 66, nearest to the label second photonic component) arranged side-by-side over a top surface of a carrier (Fig. 71A, package substrate); a third photonic component (see annotated Fig. 71A, third photonic component is mapped to a vertical coupling element, see paragraph 0492, configured to couple with a lens at the corner of the lens array 6518, which is best shown in Fig. 66, nearest to the label third photonic component) and a fourth photonic component (see annotated Fig. 71A, fourth photonic component is mapped to a vertical coupling element, see paragraph 0492, configured to couple with a lens at the corner of the lens array 6518, which is best shown in Fig. 66, nearest to the label fourth photonic component) arranged side-by-side over the top surface of the carrier (Annotated Fig. 71A shows these elements are side-by-side) and adjacent to the first photonic component and the second photonic component (Annotated Fig.71A shows these elements are adjacent); a first electronic component (see annotated Fig. 71A, first electronic component) at least partially over the first photonic component (it shown to be in the layer above the PIC, i.e. at least partially over the first photonic component); and an optical connection element (Fig. 71A-B, lens array 6518 and turning mirror 7102) at least partially over and optically coupled to the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component (Figs. 71A-B and 66 show this), wherein the optical connection element is disposed adjacent to and spaced apart from a lateral side of the first electronic component (Fig. 71B shows this), the optical connection element having a surface facing (Fig. 71B, bottom surface of lens array in contact with the first photonic component) and optically coupled to the top surface of the first photonic component via a first optical coupling structure (Fig. 71A-B, optically coupled to the first photonic component via the respective corner element of lens array 6518) and the top surface of the second photonic component via a second optical coupling structure (Fig. 71A-B, optically coupled to the second photonic component via the respective corner element of lens array 6518), and wherein the optical connection element has four corners (considered to be the corner elements of lens array 6518, as best represented in Fig. 66), each of the corners at least partially overlaps a corresponding photonic component of the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component in a top view (see paragraph 0069, PIC 6502, and PIC of Fig. 12, which shows that the vertical coupling elements vertically overlap with the corresponding lens of the lens array in a top view). Annotated Fig. 71: PNG media_image2.png 693 682 media_image2.png Greyscale Regarding claim 5: Giles disclosesThe optical device as claimed in claim 1 (as applied above, further comprising an optical fiber array component (Fig. 71A-B, fiber connector 6546) at least partially disposed over the first photonic component (Fig. 71A-B, it is in the layer above the first photonic component and therefore considered to be disposed over the first photonic component) and spaced apart from the optical connection element by the first electronic element (annotated Fig. 71A and 71B show this). Regarding claim 6: Giles disclosesThe optical device as claimed in claim 5 (as applied above), wherein in a cross-sectional view, the first electronic component is disposed between and overlapping the optical connection element and the optical fiber array component in a direction substantially parallel to the top surface of the carrier (see dotted line in annotated Fig. 71B). Claims 12, 23, 30-32, and 35-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blauvelt et al. (US 2008/0226224; hereinafter Blauvelt). Regarding claim 12: Blauvelt disclosesAn optical device, comprising: a first photonic component comprising a photonic IC (PIC) (Fig. 36B, PIC comprises laser 3542, planar transmission waveguide 3546, and substrate 3544, implemented with gradient-index differential waveguides, as disclosed in paragraph 0135 and shown in Fig. 6B), a first dielectric layer, and a first waveguide partially embedded in the first dielectric layer (see paragraphs 0127 and 0152; as described in these paragraphs, the waveguide is silica-based and on a silica substrate; it is considered to be partially embedded in dielectric material due to the bottom surface being enclosed by the silica substrate and/or due to the silica surrounding the waveguide core; if the core is mapped to the second waveguide, Fig. 6B appears to show the core extending to a surface of the cladding, so it is considered partially embedded in the dielectric cladding); a second photonic component comprising a second dielectric layer and a second waveguide partially embedded in the second dielectric layer (Fig. 36B, second photonic component comprises waveguide 3556, modulator 3552, waveguide 3557, and substrate 3554, implemented with gradient-index differential waveguides, as disclosed in paragraph 0135 and shown in Fig. 6B; as described in the specification, the waveguide is silica-based and on a silica substrate; it is considered to be partially embedded in dielectric material due to the bottom surface being enclosed by the silica substrate and/or due to the silica surrounding the waveguide core; if the core is mapped to the second waveguide, Fig. 6B appears to show the core extending to a surface of the cladding, so it is considered partially embedded in the dielectric cladding); and an optical coupling structure (Fig. 36B, waveguide 3524 and the gradient index ends of the waveguides 3556 and 3546 forming a junction with waveguide 3524, corresponding to optical coupling structure of Annotated Fig. 6B) between the first photonic component and the second photonic component and configured to optically couple the first waveguide to the second waveguide (see paragraph 0193), wherein the optical coupling structure comprises a gradient index structure (see Annotated Fig. 6B, the optical coupling structure comprises a gradient index structure), the gradient index structure comprises a first gradient index layer (see Annotated Fig. 6B, first gradient index layer) and a second gradient index layer (see Annotated Fig. 6B, second gradient index layer) contacting the first gradient index layer, and in a cross-section taken substantially perpendicular to a light propagation direction of the first waveguide (see Annotated Fig. 6B, light propagation direction; the cross-section shown in the figure is perpendicular to this direction), a cross-sectional width of the first waveguide is less than a cross-sectional width of a contact surface between the first gradient index layer and the second gradient index layer (see Annotated Fig. 6B, the cross-sectional width of the first waveguide is less than the cross-sectional width of the contact surface between the first gradient index layer and the second gradient index layer). Annotated Fig. 6B: PNG media_image3.png 667 509 media_image3.png Greyscale Regarding claim 23: Blauvelt disclosesThe optical device as claimed in claim 12 (as applied above), wherein the first gradient index layer has a refractive index decreasing toward the contact surface, and the second gradient index layer has a refractive index decreasing toward the contact surface (see Blauvelt paragraph 0135, which teaches that the index differential between the first/second core and the first/second cladding decreases toward the junction and that the differential gradient may arise from a core index gradient; this would require the first and second gradient index layers to have refractive indices that both decrease toward the contact surface). Regarding claim 35: Blauvelt disclosesThe optical device as claimed in claim 12 (as applied above), wherein the gradient index structure is formed from a portion of the first dielectric layer and a portion of the second dielectric layer (see Blauvelt paragraph 0135). Regarding claim 36: Blauvelt discloses The optical device as claimed in claim 12 (as applied above), wherein the gradient index structure has a refractive index that increases toward a contact interface between the first dielectric layer and the second dielectric layer and then decreases away from the contact interface (see Fig. 6B, from the substrate to the edge of the core, the cladding 610 has a lower refractive index, moving toward the contact interface, the refractive index increases on entering the core 612; similarly, from the core 622 toward the second substrate, i.e. away from the contact interface, the refractive index decreases at the interface between the core and the cladding). Regarding claim 30: Blauvelt disclosesAn optical device, comprising: a first photonic component (Fig. 36B, waveguide 3524, implemented with gradient-index differential waveguides, as disclosed in paragraph 0135 and shown in Fig. 6B) and a second photonic component (Fig. 36B, waveguide 3526, implemented with gradient-index differential waveguides, as disclosed in paragraph 0135 and shown in Fig. 6B) arranged side-by-side over a top surface of a carrier (Fig. 36B, substrate 3522); a first electronic component (Fig. 36B, PIC comprises laser 3542, planar transmission waveguide 3546, and substrate 3544, is considered to be a first electronic component at least partially over the first photonic component) at least partially over the first photonic component; and an optical connection element (Fig. 36B, PIC including waveguide 3556, modulator 3552, waveguide 3557, and substrate 3554, implemented with gradient-index differential waveguides, as disclosed in paragraph 0135 and shown in Fig. 6B) at least partially over and optically coupled to the first photonic component and the second photonic component (see paragraph 0193), wherein the optical connection element is disposed adjacent to and spaced apart from a lateral side of the first electronic component (Fig. 36B shows this), the optical connection element having a surface facing and optically coupled to the top surface of the first photonic component via a first optical coupling structure and the top surface of the second photonic component via a second optical coupling structure (Fig. 36B shows that the optical connection element has a surface facing and optically coupled to the top surface of the first photonic component and the top surface of the second photonic component; the first and second optical coupling structures are best represented in Annotated Fig. 6B as the optical coupling structure); wherein the first optical coupling structure comprises a dielectric structure and a gradient index structure embedded in the dielectric structure (see paragraphs 0127 and 0152; as described in these paragraphs, the waveguide is silica-based and on a silica substrate, and paragraph 0135, which discloses that the gradient index may be in the cladding, paragraph 0136 discloses it may be achieved by ion implantation and/or doping, considered to be embedded within the dielectric structure, and the cladding, as shown in Fig. 6B, contacts the core of the first waveguide 612), wherein the gradient index structure contacts a first waveguide (Fig. 6B, waveguide 612) of the first photonic component and a second waveguide (Fig. 6B, waveguided 622) of the optical connection element that is spaced apart from the first waveguide. Regarding claim 31: Blauvelt disclosesThe optical device as claimed in claim 30 (as applied above), wherein the first optical coupling structure and the second optical coupling structure are arranged in a row in a top view of the optical device (Fig. 36B shows a side-view; a rotation of the device to a top view would also show the first optical coupling structure and the second optical coupling structure arranged in a row). Regarding claim 32: Blauvelt disclosesThe optical device as claimed in claim 30 (as applied above), wherein an equivalent refractive index of the optical coupling structure is substantially the same as the refractive index of the first waveguide and the refractive index of the second waveguide (see paragraph 0135, the longitudinal gradient is provided such that the index differential between the core and cladding, mapped to the waveguide and the dielectric layer, is substantially zero; therefore the equivalent refractive index of the optical coupling structure is considered to be substantially the same as the refractive index of the first waveguide and the refractive index of the second waveguide). 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 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over O’Krafka et al. (US Patent No. 8,346,087; hereinafter O’Krafka), as evidenced by Wikipedia (“Multi-chip module” article attached to this Office Action; accessed version from August 2022 via Wayback Machine URL: https://web.archive.org/web/20220814011018/https://en.wikipedia.org/wiki/Multi-chip_module). Regarding claim 1: O’Krafka disclosesAn optical device, comprising: a first photonic component (Fig. 1A, semiconductor die 110-1, having the structure of semiconductor die 410-1 of the MCM 400 of Fig. 4A) and a second photonic component (Fig. 1A, semiconductor die 110-2) arranged side-by-side (Fig. 1A shows this); O’Krafka further disclosesa third photonic component (Fig. 1A, “…” represents a continuation of the array in all directions, therefore it is understood to include a third semiconductor die to the right of 110-1 under the corners of 112-4 and 112-5) and a fourth photonic component (Fig. 1A, “… represents a continuation in all directions, therefore it is understood to include a fourth semiconductor die to the right of 110-2 under the corners of 112-5 and 112-6) arranged side-by-side (Fig. 1A) and adjacent to the first photonic component and the second photonic component (Fig. 1A is understood to also have this feature by a continuation of the grid pattern);O’Krafka further disclosesa first electronic component (Fig. 1A, semiconductor die 112-4) at least partially over the first photonic component (Fig. 1A shows this); and an optical connection element (Fig. 1A, semiconductor die 112-5, having the structure of semiconductor die 410-2 in Fig. 4A) at least partially over and optically coupled to the first photonic component , the second photonic component, the third photonic component, and the fourth photonic component (see col. 6, lines 25-35, which teaches that in the embodiment of Fig. 1A, the semiconductor die 112-5 optically couples to the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component at the corners via proximity connectors), wherein the optical connection element is disposed adjacent to and spaced apart from a lateral side of the first electronic component (Fig. 1A shows this), the optical connection element having a surface facing (see Fig. 4A, bottom surface of semiconductor die 410-2, corresponding to bottom surface of semiconductor die 112-5 in Fig. 1A) and optically coupled to the top surface of the first photonic component via a first optical coupling structure (see Fig. 4A, optically coupled via proximity connectors) and the top surface of the second photonic component via a second optical coupling structure (see Fig. 4A, optically coupled via proximity connectors), and wherein the optical connection element has four corners (Fig. 1A shows this) each of the corners at least partially overlaps a corresponding photonic component of the first photonic component, the second photonic component, the third photonic component, and the fourth photonic component in a top view (Fig. 1A shows this). O’Krafka fails to disclose that the components are disposed over the top surface of a carrier. However, it is standard for multi-chip modules to be integrated onto a common carrier/substrate, as evidenced by Wikipedia (see first paragraph). Since it is standard, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to arrange all of the multi-chip module components of O’Krafka Fig. 1A over the top surface of a carrier, in order to better maintain their relative alignment. Regarding claim 9: Modified O’Krafka teachesThe optical device as claimed in claim 1 (as applied above), wherein the first electronic component and the optical connection element are disposed on opposite sides of the first photonic component (Fig. 1A shows that the first electronic component 112-4 is disposed on the left side of the first photonic component 110-1 while the optical connection element 112-5 is disposed on the right side, i.e. the opposite side). Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over O’Krafka et al. (US Patent No. 8,346,087; hereinafter O’Krafka) in view of Pezeshki et al. (US 2021/0080664; hereinafter Pezeshki as evidenced by Wikipedia (“Multi-chip module” article attached to this Office Action; accessed version from August 2022 via Wayback Machine URL: https://web.archive.org/web/20220814011018/https://en.wikipedia.org/wiki/Multi-chip_module). a. Regarding claim 2: Modified O’Krafka teaches the optical device as claimed in claim 1, as applied above. O’Krafka further teaches that the first photonic component comprises a first waveguide defining a first optical path (Fig. 4A, waveguide 412-1; alternatively, see col. 15, lines 15-23, which teaches that the O’Krafka chips can further include additional waveguides, including modulators and ring resonators). O’Krafka further teaches that the optical connection element comprises a second waveguide defining a second optical path (Fig. 4A, waveguide 412-2). O’Krafka further teaches that the first optical coupling structure/proximity connectors can include mirrors and can use evanescent coupling (see col. 11, lines 56-end). O’Krafka fails to teach that the optical connection element comprises a second waveguide defining a second optical path free from vertically overlapping the first optical path, and the first optical coupling structure defines a vertical optical path having two ends optically coupled to the first optical path and the second optical path respectively. Pezeshki teaches a structure for providing optical coupling into a waveguide from a vertical direction to a horizontal direction using a mirror (see Fig. 6B). 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 O’Krafka device by using the mirror-waveguide coupling structure of Pezeshki for the proximity connectors, since O’Krafka suggests that the proximity connectors can include mirrors and Pezeshki provides a suitable structure which would allow for the light to be directed along the path shown in O’Krafka Fig. 4A with only 1-dimensional waveguides, which are simpler to fabricate. Aligning the mirrors of the proximity connectors of the first photonic component and the second photonic component would yield the claimed structure, wherein the optical connection element comprises a second waveguide defining a second optical path free from vertically overlapping the first optical path, and the first optical coupling structure defines a vertical optical path having two ends optically coupled to the first optical path and the second optical path respectively. Alternatively, the optical coupling structure of the O’Krafka device optically couples the two photonic integrated circuits of the first photonic component and the optical connection element to each other. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to place additional waveguides in the first photonic component that can be considered a first waveguide defining a first optical path free from vertically overlapping the optical connection element entirely, including the second waveguide defining the second optical path, in order to better utilize the space available on the first photonic component. The optical coupling structure includes a vertical path directly optically coupling to the second waveguide, but it would be obvious for the other end of the path to optically couple to the additional waveguides, directly or indirectly, in order for the signals to be transmitted between chips. Regarding claim 3: Modified O’Krafka teachesThe optical device as claimed in claim 2 (as applied above), further comprising a second electronic component (Fig. 1A, semiconductor die 112-6) over the second photonic component, wherein the optical connection element is disposed between and overlapping the first electronic component and the second electronic component in a direction substantially parallel to the top surface of the carrier (Fig. 1A shows this). Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over O’Krafka et al. (US Patent No. 8,346,087; hereinafter O’Krafka) in view of Chen et al. (US 2022/0342164; hereinafter Chen), as evidenced by Wikipedia (“Multi-chip module” article attached to this Office Action; accessed version from August 2022 via Wayback Machine URL: https://web.archive.org/web/20220814011018/https://en.wikipedia.org/wiki/Multi-chip_module). Regarding claim 5: Modified O’Krafka teaches the optical device as claimed in claim 1, as applied above. O’Krafka further teaches a multi-chip module further comprising an optical fiber array (Fig. 16, optical links 1616-1 or 1616-2 are included on transceivers 1614-1 and 1614-2; furthermore, col. 20, lines 10-30 suggest that the optical links can include parallel fibers, considered to be an optical fiber array and Fig. 17, MCM 1700 including optical transceivers, see col. 44-51). This embodiment mainly differs from the embodiment of Fig. 1A in that the bridges are used to connect two adjacent photonic components rather than semiconductor dies connecting four photonic components at the corners. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine the embodiments of Figs. 1A and 16, by substituting the transceivers 1614-1 and 1614-2 for any of the semiconductor dies of the MCM of Fig. 1A, e.g. in a row of semiconductor dies 112, below semiconductor dies 112-1 and 112-4. By making this substitution, the optical fiber array would be at least partially disposed over the first photonic component 110-1 and spaced apart from the optical connection element 112-5 by a first electronic component 112-4. Regarding claim 7: Modified O'Krakfa teaches the optical device of claim 5, as applied above. O’Krafka fails to teach that the first photonic component comprises a conductive via penetrating the first photonic component and configured to transmit an electrical signal from the top surface to a bottom surface of the first photonic component. However, Chen, also related to multi-chip modules (see paragraph 0020), teaches providing a photonic components (Fig. 7A, PIC 701) configured to transmit electrical signals from the top surface to a bottom surface of the photonic component. It is well known to provide conductive vias through PICs configured to transmit electrical signal from the top surface to a bottom surface. Since it is well known in the art, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the O’Krafka device such that the first photonic component comprises a conductive via penetrating the first photonic component and configured to transmit an electrical signal from the top surface to a bottom surface of the first photonic component, in order to enable electrical connection between the optical connection element and the carrier and between the electronic element and the carrier. Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2022/0342164; hereinafter Chen) in view of Pezeshki et al. (US 2021/0080664; hereinafter Pezeshki). Chen discloses the optical device as claimed in claim 1, as applied above. Chen further discloses that the optical connection element comprises a waveguide (Fig. 6, waveguide array 660 comprises a waveguide). However, Chen is silent on the structure of the waveguide array, failing to disclose that the optical connection element comprises a dielectric layer and a waveguide partially embedded in the dielectric layer. Pezeshki teaches a structure for an optical connection element comprising waveguide arrays (see paragraph 0081), wherein the waveguides are partially embedded in a cladding layer (see Fig. 6B and paragraph 0066; the cladding layer is understood to be a dielectric layer based on paragraph 0081, which suggests waveguides may be fabricated from materials such as SiO2 and dopant diffusion; additionally, the cladding layers of the waveguides in the Chen device are also dielectric layers, as described in Chen paragraph 0041). In order to couple light from a vertical direction into a waveguide extending in the horizontal direction while minimizing the refractive index boundaries in the optical path in order to minimize loss, 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 Chen device by providing a waveguide partially embedded in a dielectric layer and including a notch with a reflective surface to couple the light in, since such a structure was previously taught by Pezeshki. Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Blauvelt et al. (US 2008/0226224; hereinafter Blauvelt). Blauvelt discloses the optical device as claimed in claim 12, as applied above. Blauvelt further discloses “Some sort of joining element may typically be employed to affect assembly of initially separate and subsequently assembled components. Examples of such a joining element (which might arise from an interaction between the components and/or from structural members associated with one or both components) may include… an adhesive, solder, potting or embedding materials… wafer-bonding techniques” (see paragraph 0126). Based on this teaching, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form the gradient index structure by bonding the initially separate and subsequently assembled first gradient index layer and second gradient index layer at the contact surface, appoint of interaction between the components, using one of the suggested methods including adhesive, potting or embedding materials, or wafer-bonding techniques, in order to better secure the alignment of the first gradient index layer and the second gradient index layer for efficient optical coupling therebetween. Claims 15 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Blauvelt et al. (US 2008/0226224; hereinafter Blauvelt) in view of Messerschmidt et al. (US 2005/0137075; hereinafter Messerschmidt). Regarding claim 15: Blauvelt discloses the optical device as claimed in claim 12, as applied above. Blauvelt further discloses that the longitudinal modal index variations may be readily achieved using standard spatially-selective material processing techniques, including doping and implantation (see paragraph 0136). Blauvelt fails to disclose that the first gradient index layer comprises a dielectric material doped with metal ions, dielectric nanoparticles, or a combination thereof. Messerschmidt, related to materials for producing a gradient index of refraction (see abstract), teaches that borosilicate glasses are known as the most effective material for producing gradient index lenses due to their suitability for ion exchange (see paragraph 0005), and are known to be doped with metal ions for producing the refractive index gradient (see abstract and paragraphs 0002-0011). 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 obvious design choice. In re Leshin, 125 USPQ 416. Since it was a known suitable material for providing refractive index gradients, 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 Blauvelt device by forming the first gradient index layer as a dielectric layer doped with metal ions due to the ease of manufacturing by known methods. Regarding claim 21: Modified Blauvelt teachesThe optical device as claimed in claim 15 (as applied above), wherein the first gradient index layer is embedded in the first dielectric layer, the second gradient index layer is embedded in the second dielectric layer, and the first gradient index layer has a refractive index increasing toward the contact surface (see Blauvelt paragraph 0135, which teaches that the index differential between the first core and the first cladding decreases toward the junction and that the differential gradient may arise from a cladding index gradient; this would require the first gradient index layer to have a refractive index increasing toward the contact surface). Regarding claim 22: Modified Blauvelt disclosesThe optical device as claimed in claim 21 (as applied above), wherein the second gradient index layer has a refractive index increasing toward the contact surface (see Blauvelt paragraph 0135; the same reasoning, i.e. index differential gradient decreasing across the junction driven by a cladding index gradient, would also require the second gradient index layer to have a refractive index increasing toward the contact surface). 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 Kirsten D Endresen whose telephone number is (703)756-1533. The examiner can normally be reached Monday to Thursday. 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, Thomas Hollweg can be reached at (571)270-1739. 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. /KIRSTEN D. ENDRESEN/Examiner, Art Unit 2874 /THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
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Prosecution Timeline

Show 5 earlier events
Dec 30, 2025
Examiner Interview (Telephonic)
Jan 16, 2026
Request for Continued Examination
Jan 22, 2026
Response after Non-Final Action
Mar 06, 2026
Non-Final Rejection mailed — §102, §103, §112
May 27, 2026
Applicant Interview (Telephonic)
May 28, 2026
Examiner Interview Summary
Jun 06, 2026
Response Filed
Sep 03, 2026
Final Rejection mailed — §102, §103, §112 (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

5-6
Expected OA Rounds
71%
Grant Probability
87%
With Interview (+15.6%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 80 resolved cases by this examiner. Grant probability derived from career allowance rate.

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