Prosecution Insights
Last updated: April 19, 2026
Application No. 18/251,330

Semiconductor Optical Device

Non-Final OA §102§103
Filed
May 01, 2023
Examiner
HAGAN, SEAN P
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
38%
Grant Probability
At Risk
1-2
OA Rounds
3y 4m
To Grant
69%
With Interview

Examiner Intelligence

Grants only 38% of cases
38%
Career Allow Rate
232 granted / 603 resolved
-29.5% vs TC avg
Strong +31% interview lift
Without
With
+30.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
46 currently pending
Career history
649
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
67.7%
+27.7% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 603 resolved cases

Office Action

§102 §103
DETAILED ACTION Claims 1 through 10 originally filed 1 May 2023. By preliminary amendment received 1 May 2023; claims 1 through 10 are amended and claims 11 through 17 are added. Claims 1 through 17 are addressed by this 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 2, 11, and 13 through 15 are rejected under 35 U.S.C. 102 as being anticipated by Kakizuka et al. (Kakizuka, JP Pub. 2016-171173 A). Kakizuka was initially cited in the IDS received 1 May 2025. Regarding claim 2, Kakizuka discloses, "A first cladding layer formed on a substrate" (p. [0028] and Fig. 1A, pts. 100 and 101). "A semiconductor layer that is formed on the first cladding layer" (p. [0028] and Fig. 1A, pts. 101, 103, 105, and 106). "[The semiconductor layer] is formed with a group III-V compound semiconductor" (p. [0032], [0033], and Fig. 1A, pts. 103, 105, and 106). "An active layer that is formed in the semiconductor layer" (p. [0028] and Fig. 1A, pt. 103). "[The active layer] has a core shape extending in a predetermined direction" (p. [0028] and Fig. 1A, pt. 103). "[The active layer] is formed with a group III-V compound semiconductor" (p. [0032] and Fig. 1A, pt. 103). "A p-type layer and an n-type layer that are formed in the semiconductor layer" (p. [0028] and Fig. 1A, pts. 105 and 106). "[The p-type layer and the n-type layer] sandwich the active layer in a planar view" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). "[The p-type layer and the n-type layer] are in contact with the active layer" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). "[The p-type layer and the n-type layer] are formed with a group III-V compound semiconductor" (p. [0033] and Fig. 1A, pts. 105 and 106). "A second cladding layer formed on the semiconductor layer including a region in which the active layer is formed" (p. [0028] and Fig. 1A, pts. 103 and 104, where second cladding layer 104 is formed atop active layer 103 which is part of the semiconductor layer). "An optical coupling layer that is buried in the first cladding layer so as to be optically coupled to the active layer" (p. [0028] and Fig. 1A, pts. 101, 102, and 103). "[The optical coupling layer] is formed in a core shape extending along the active layer" (p. [0028] and Fig. 1A, pts. 101, 102, and 103). "A p-type electrode connected to the p-type layer" (p. [0030] and Fig. 1A, pts. 106 and 110). "An n-type electrode connected to the n-type layer" (p. [0030] and Fig. 1A, pts. 105 and 109). "Wherein the optical coupling layer is formed with a material that absorbs less light being guided in the active layer than the p-type layer" (p. [0036] and Fig. 1A, pts. 102 and 106). Regarding claim 11, Kakizuka discloses, "Wherein the active layer is formed and buried in the semiconductor layer" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). Regarding claim 13, Kakizuka discloses, "Wherein the active layer has a multiple quantum well structure" (p. [0032] and Fig. 1A, pt. 103). Regarding claim 14, Kakizuka discloses, "A resonator that resonates in a waveguide direction of the active layer" (p. [0028], [0031], and Fig. 1B, pts. 103 and 131). Regarding claim 15, Kakizuka discloses, "Wherein the resonator includes a diffraction grating" (p. [0031] and Fig. 1B, pt. 132). 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, 3, and 5 through 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kakizuka in view of Okamoto et al. (Okamoto, US Patent 5,787,105). Regarding claim 1, Kakizuka discloses, "A first cladding layer formed on a substrate" (p. [0028] and Fig. 1A, pts. 100 and 101). "A semiconductor layer that is formed on the first cladding layer" (p. [0028] and Fig. 1A, pts. 101, 103, 105, and 106). "[The semiconductor layer] is formed with a group III-V compound semiconductor" (p. [0032], [0033], and Fig. 1A, pts. 103, 105, and 106). "An active layer that is formed in the semiconductor layer" (p. [0028] and Fig. 1A, pt. 103). "[The active layer] has a core shape extending in a predetermined direction" (p. [0028] and Fig. 1A, pt. 103). "[The active layer] is formed with a group III-V compound semiconductor" (p. [0032] and Fig. 1A, pt. 103). "A p-type layer and an n-type layer that are formed in the semiconductor layer" (p. [0028] and Fig. 1A, pts. 105 and 106). "[The p-type layer and the n-type layer] sandwich the active layer in a planar view" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). "[The p-type layer and the n-type layer] are in contact with the active layer" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). "[The p-type layer and the n-type layer] are formed with a group III-V compound semiconductor" (p. [0033] and Fig. 1A, pts. 105 and 106). "A second cladding layer formed on the semiconductor layer including a region in which the active layer is formed" (p. [0028] and Fig. 1A, pts. 103 and 104, where second cladding layer 104 is formed atop active layer 103 which is part of the semiconductor layer). "An optical coupling layer that is buried in the first cladding layer so as to be optically coupled to the active layer" (p. [0028] and Fig. 1A, pts. 101, 102, and 103). "[The optical coupling layer] is formed in a core shape extending along the active layer" (p. [0028] and Fig. 1A, pts. 101, 102, and 103). "A p-type electrode connected to the p-type layer" (p. [0030] and Fig. 1A, pts. 106 and 110). "An n-type electrode connected to the n-type layer" (p. [0030] and Fig. 1A, pts. 105 and 109). Kakizuka does not explicitly disclose, "Wherein the optical coupling layer is formed with a material that absorbs less light being guided in the active layer than the p-type layer and the n-type layer." Okamoto discloses, "Wherein the optical coupling layer is formed with a material that absorbs less light being guided in the active layer than the p-type layer and the n-type layer" (col. 3, lines 49-62, where shifting the propagating mode away from doped layers in the manner of Kakizuka can be arranged to avoid all free carrier absorption as desired by Okamoto). 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 teachings of Kakizuka with the teachings of Okamoto. In view of the teachings of Kakizuka regarding a laser with an offset waveguide and employing lateral current injection, the additional configuration of the optical mode to avoid all doped layers as taught by Okamoto would enhance the teachings of Kakizuka by allowing for a reduction in free carrier absorption. Regarding claim 3, Kakizuka discloses, "Wherein the active layer is formed and buried in the semiconductor layer" (p. [0028] and Fig. 1A, pts. 103, 105, and 106). Regarding claim 5, Kakizuka discloses, "Wherein the active layer has a multiple quantum well structure" (p. [0032] and Fig. 1A, pt. 103). Regarding claim 6, Kakizuka discloses, "The p-type layer and the n-type layer are formed with InP" (p. [0033] and Fig. 1A, pts. 105 and 106). The combination of Kakizuka and Okamoto does not explicitly disclose, "Wherein the active layer has a multiple quantum well structure including a barrier layer formed with InAlAs." It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to adjust the composition of the barrier layers to employ the noted composition so as to adjust the electrical, optical, and structural features thereof and thereby adjust the operation of the adjacent quantum wells, 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 obvious design choice. In re Leshin, 125 USPQ 416. Regarding claim 7, Kakizuka discloses, "A resonator that resonates in a waveguide direction of the active layer" (p. [0028], [0031], and Fig. 1B, pts. 103 and 131). Regarding claim 8, Kakizuka discloses, "Wherein the resonator includes a diffraction grating" (p. [0031] and Fig. 1B, pt. 132). Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kakizuka, in view of Okamoto, and further in view of Xu et al. (Xu, US Patent 5,563,902). Regarding claim 4, The combination of Kakizuka and Okamoto does not explicitly disclose, "Wherein the active layer is formed with a protruding portion formed in the semiconductor layer." "The protruding portion being located between the p-type layer and the n-type layer." Xu discloses, "Wherein the active layer is formed with a protruding portion formed in the semiconductor layer" (col. 4-5, lines 66-5 and Fig. 1F, pt. 35'). "The protruding portion being located between the p-type layer and the n-type layer" (col. 4-5, lines 66-5 and Fig. 1F, pts. 35', 40, and 45). 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 teachings of the combination of Kakizuka and Okamoto with the teachings of Xu. In view of the teachings of Kakizuka regarding a laser with an offset waveguide and employing lateral current injection, the additional inclusion of a ridge associated with the active region and the alternate configuration of the cladding layers adjacent to the active region to be deliberately insulating as taught by Xu would enhance the teachings of Kakizuka and Okamoto by allowing light to be confined away from doped layers and by allowing for a reduction in leakage current. Regarding claim 10, The combination of Kakizuka and Okamoto does not explicitly disclose, "Wherein the first cladding layer and the second cladding layer are formed with an insulating material." Xu discloses, "Wherein the first cladding layer and the second cladding layer are formed with an insulating material" (col. 3, lines 23-35 and Fig. 1F, pts. 15, 30, and 35', where these layers are all specifically identified as semi-insulating which indicates that they are insulating in this context). 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 teachings of the combination of Kakizuka and Okamoto with the teachings of Xu for the reasons provided above regarding claim 4. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kakizuka, in view of Okamoto, and further in view of Baets et al. (Baets, US Pub. 2012/0320939). Regarding claim 9, The combination of Kakizuka and Okamoto does not explicitly disclose, "Wherein the optical coupling layer is formed with Si." Baets discloses, "Wherein the optical coupling layer is formed with Si" (p. [0065], [0071], and Fig. 2B, pt. 112). 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 teachings of the combination of Kakizuka and Okamoto with the teachings of Baets. In view of the teachings of Kakizuka regarding a laser with an offset waveguide and employing lateral current injection, the alternate construction of the underlying layers from a SOI substrate as taught by Baets would enhance the teachings of Kakizuka and Okamoto by allowing the laser to be integrated with silicon-based devices. Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kakizuka in view of Xu. Regarding claim 12, Kakizuka does not explicitly disclose, "Wherein the active layer is formed with a protruding portion formed in the semiconductor layer." "The protruding portion being located between the p-type layer and the n-type layer." Xu discloses, "Wherein the active layer is formed with a protruding portion formed in the semiconductor layer" (col. 4-5, lines 66-5 and Fig. 1F, pt. 35'). "The protruding portion being located between the p-type layer and the n-type layer" (col. 4-5, lines 66-5 and Fig. 1F, pts. 35', 40, and 45). 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 teachings of Kakizuka with the teachings of Xu. In view of the teachings of Kakizuka regarding a laser with an offset waveguide and employing lateral current injection, the additional inclusion of a ridge associated with the active region and the alternate configuration of the cladding layers adjacent to the active region to be deliberately insulating as taught by Xu would enhance the teachings of Kakizuka by allowing light to be confined away from doped layers and by allowing for a reduction in leakage current. Regarding claim 17, Kakizuka does not explicitly disclose, "Wherein the first cladding layer and the second cladding layer are formed with an insulating material." Xu discloses, "Wherein the first cladding layer and the second cladding layer are formed with an insulating material" (col. 3, lines 23-35 and Fig. 1F, pts. 15, 30, and 35', where these layers are all specifically identified as semi-insulating which indicates that they are insulating in this context). 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 teachings of Kakizuka with the teachings of Xu for the reasons provided above regarding claim 12. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kakizuka in view of Baets. Regarding claim 16, Kakizuka does not explicitly disclose, "Wherein the optical coupling layer is formed with Si." Baets discloses, "Wherein the optical coupling layer is formed with Si" (p. [0065], [0071], and Fig. 2B, pt. 112). 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 teachings of Kakizuka with the teachings of Baets. In view of the teachings of Kakizuka regarding a laser with an offset waveguide and employing lateral current injection, the alternate construction of the underlying layers from a SOI substrate as taught by Baets would enhance the teachings of Kakizuka by allowing the laser to be integrated with silicon-based devices. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Caër et al. (Caër, US Pub. 2018/0323575) is cited for teaching a hybrid laser formed of InP based materials that is driven by lateral current injection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Hagan whose telephone number is (571)270-1242. The examiner can normally be reached Monday - Thursday, 8:30AM-5:00PM. 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, MinSun Harvey can be reached at 571-272-1835. 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. /SEAN P HAGAN/Examiner, Art Unit 2828
Read full office action

Prosecution Timeline

May 01, 2023
Application Filed
Nov 25, 2025
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
69%
With Interview (+30.8%)
3y 4m
Median Time to Grant
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