Prosecution Insights
Last updated: April 19, 2026
Application No. 18/159,006

INVERSE DESIGN OF PHOTONIC DEVICE FOOTPRINTS AND WAVEGUIDE LOCATIONS

Non-Final OA §102
Filed
Jan 24, 2023
Examiner
YOUNG, TIFFANY P
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
X Development LLC
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
261 granted / 330 resolved
+27.1% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
360
Total Applications
across all art units

Statute-Specific Performance

§101
14.1%
-25.9% vs TC avg
§103
30.2%
-9.8% vs TC avg
§102
27.3%
-12.7% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 330 resolved cases

Office Action

§102
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. Status of Claims This Office Action is in response to the application filed on January 24, 2023. Claims 1-20 are presently pending and are presented for examination. Information Disclosure Statement The information disclosure statements (IDSs) were submitted on January 24, 2023 and June 4, 2024. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claims 1 and 11 are objected to because of the following informalities: the term a end position should recite “ an end position.” Appropriate correction is required. 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 is incorrect, any correction of the statutory basis 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. Claim s 1, 6-11, and 16-20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by U.S. Pub. No. 2022/0077948 (hereinafter, “ Lu ”) . Regarding claim 1, Lu discloses A non-transitory computer-readable medium having computer-executable instructions stored thereon that, in response to execution by one or more processors of a computing system (see at least [0004]) , cause the computing system to perform actions for designing a physical device (see at least [0004]; a physical device may be designed) , the actions comprising: receiving, by the computing system, a design specification that includes an input location, an output location, and at least one performance goal (see at least [ 0004 ] , [0059], [0068], [0071]-[0072], and [0086]-[0087] ; the initial design parameters may be received, and optimization to achieve a reduced loss metric associated with a performance loss or fabrication loss may be the at least one performance goal ) ; generating, by the computing system, an initial design based on the design specification, wherein the initial design includes an input waveguide starting at the input location and extending to a end position, an output waveguide starting at a start position and extending to the output location, and a dispersive region (see at least Fig. 4A-B, [ 0004 ] , [0011] and [0048]-[0049] ; the initial design may include a dispersive region ) ; determining, by the computing system, a set of structural parameters based on the initial design (see at least [ 0071 ] -[0073] ; structural parameters and ranges are determined for the initial design ) ; simulating, by the computing system, performance of the initial design using the set of structural parameters to determine a performance loss value based on the at least one performance goal (see at least [0004], [0059], [0068], [0071]-[0073], and [0086]-[0087]; the initial design parameters may be received, and optimization to achieve a reduced loss metric associated with a performance loss or fabrication loss may be the at least one performance goal which may be determined via at least one simulation) ; and updating, by the computing system, at least one of the end position of the input waveguide, the start position of the output waveguide, or a size of the dispersive region in the initial design using a gradient of the performance loss value (see at least [ 0053 ] , [0066], and [0075]-[0076] ; design iterations are performed which update various parameters including the size of the dispersive region based at least on a gradient of the performance loss value ) . Regarding claim 6 , Lu discloses all of the limitations of claim 1. Additionally, Lu discloses wherein the design specification includes more than one input location and wherein the initial design includes more than one input waveguide; or wherein the design specification includes more than one output location and wherein the initial design includes more than one output waveguide (see at least [ 0036 ] and [0090] ; there may be a plurality of input waveguides ) . Regarding claim 7 , Lu discloses all of the limitations of claim 1. Additionally, Lu discloses wherein the initial design includes more than one dispersive region (see at least Fig. 4A-B, [0004], [0011] and [0048]-[0049]; the initial design may include a dispersive region) . Regarding claim 8 , Lu discloses all of the limitations of claim 7 . Additionally, Lu discloses wherein the initial design includes one or more internal waveguides connecting the dispersive regions (see at least [ 0036 ]; the dispersive region may be disposed between the input and output regions which may each be waveguides ) . Regarding claim 9 , Lu discloses all of the limitations of claim 7 . Additionally, Lu discloses wherein the more than one dispersive region includes at least one dispersive region configured to operate as a multiplexer or demultiplexer, and at least one dispersive region configured to operate as a waveguide bend (see at least [ 0036 ]; the dispersive region may operate as a demultiplexer, and it may operate as a waveguide bend disposed between a waveguide input and output ) . Regarding claim 10 , Lu discloses all of the limitations of claim 1. Additionally, Lu discloses wherein the actions further comprise transmitting the updated initial design to a fabrication system for fabricating the physical device (see at least claims 10 and 20 ) . Claims 11 and 16- 20 are rejected under essentially the same reasoning as claims 1 and 6 -10, respec tively. Additionally, Lu discloses that the claims may be performed via a computer/computer equivalent at least at [ 0026 ]. Allowable Subject Matter Each of claims 2-5 and 12-15 are objected to as depending from a rejected claim but may be found allowable if re-written in independent form, including all intervening claims. Examiner will provide reasons for allowability at the time one or more claims is in a state of allowance. Additional Relevant Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and may be found on the accompanying PTO-892 Notice of References Cited: U.S. Pub. No. 2023/0088537 which discloses the use of a signed distance field to represent the starting shape of a generative model. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT TIFFANY P YOUNG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (313)446-6575 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-R 6:30 AM- 4:30 PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT Erin Bishop can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3713 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT TIFFANY YOUNG Primary Examiner Art Unit 3666 /TIFFANY P YOUNG/ Primary Examiner, Art Unit 3665
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Prosecution Timeline

Jan 24, 2023
Application Filed
Mar 28, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+23.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 330 resolved cases by this examiner. Grant probability derived from career allow rate.

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