Prosecution Insights
Last updated: April 19, 2026
Application No. 18/256,098

Wavelength Tunable Optical Transmitter

Non-Final OA §103
Filed
Jun 06, 2023
Examiner
KOTTER, STEPHEN SUTTON
Art Unit
2828
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
68 granted / 102 resolved
-1.3% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
35 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
24.2%
-15.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 102 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 . Priority Acknowledgment is made of applicant’s claim for domestic benefit under 35 U.S.C. 365(c) with PCT/JP2020/046022. Information Disclosure Statement The information disclosure statement (IDS) submitted on June 6, 2023 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner. Drawings Figures 1-10 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 4 and 5 are objected to because of the following informalities: Claim 4 Line 6 includes the phrase “the first diffraction grating” where the word first appears to be in a subscript format. Claim 5 Line 3 includes the phrase “the front DBR region” where the word front appears to be in a subscript format. Claim 5 Line 5 includes the phrase “the first diffraction grating” where the word first appears to be in a subscript format. Appropriate correction is required. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-15 are rejected as being unpatentable over 35 U.S.C. 103 over Fish et al. US 6628690 in view of Yuichi Tohmori et al., Broad-Range Wavelength Tuning in DBR lasers with Super Structure Grating (SSG), IEEEE Photonics Technology Letters, Vol. 5, No. 2, 1993, pp. 126-129 (Provided in the IDS) Regarding Claim 1, Fish teaches A wavelength-tunable optical transmitter (Fig. 2) in which a wavelength-tunable light source (Fig. 2, 12 “WIDELY TUNABLE LASER”) and a field-absorption optical modulator (Fig. 2, 14 “MODULATION/AMPLIFICATION”) that is optically connected to a forward DBR region (Fig. 2, 18 “FRONT DBR” the forward DBR, “FRONT DBR”, is optically connected to the field absorption optical modulator, “EAM1” & “EAM2”) are integrated along an optical axis direction (Col. 14 Lines 23-24 “Modulator 14 encodes data onto the optical carrier produced by widely tunable laser 12.”), the wavelength-tunable light source including a rear DBR region (Fig. 2, 20 “REAR DBR”) with a first diffraction grating and a reflection characteristic consisting of a plurality of reflection peaks (Col. 4 Lines 56-62 “Front and back mirrors 18 and 20 have a band gap chosen to provide an index change, with a minimum of optical loss, needed to tune a lasing wavelength between adjacent peaks of a sampled grating mirror over the entire wavelength range.”), an active region producing an optical gain (Fig. 2, 22 “GAIN” Col. 4 Lines 1-2 “In this embodiment, the bandgap of the gain section 22 is chosen to provide gain over the wavelength band of interest.”), and the front DBR region with a second diffraction grating and a reflection characteristic consisting of a plurality of reflection peaks (Col. 4 Lines 56-62 “Front and back mirrors 18 and 20 have a band gap chosen to provide an index change, with a minimum of optical loss, needed to tune a lasing wavelength between adjacent peaks of a sampled grating mirror over the entire wavelength range.”), wherein Fish does not teach a wavelength interval of the reflection peaks of the front DBR region set to be greater than a wavelength interval of the reflection peaks in the rear DBR region, and an average period Λ0_front of the first diffraction grating is set to be greater than an average period Λ0_rear of the second diffraction grating. However, Yuichi teaches a wavelength interval of the reflection peaks of the front DBR region set to be greater than a wavelength interval of the reflection peaks in the rear DBR region (Page 3 Paragraph 1 under title “STRUCTURE” “the SSG mode spacings, Δλ and Δλ’, in the front and rear SSG regions were 5.5 and 5 nm, respectively.), and an average period Λ0_front of the first diffraction grating is set to be greater than an average period Λ0_rear of the second diffraction grating. (Page 3 Paragraph 1 under title “STRUCTURE” “Large periods of Λs and Λs’ were set to 67.5 and 75 µm in the front and the rear SSG region respectively.” The rear DBR has the first diffraction grating which average period is set to 75 microns which is larger than the front DBR which has the second diffraction grating which average period is set to 67.5 microns) It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the front and rear DBRs’ wavelengths interval and the average periods as taught by Fish by having the wavelength interval of the reflection peaks of the front DBR region set to be greater than a wavelength interval of the reflection peaks in the rear DBR region and an average period Λ0_front of the first diffraction grating is set to be greater than an average period Λ0_rear of the second diffraction grating as disclosed by Yuichi. One of ordinary skill in the art would have been motivated to make this modification in order to increase the tuning range of the laser. (Yuichi Page 4 Paragraph 1 under title “CONCULSION” “In summary, a newly proposed SSG provided a dramatically wide wavelength tuning in a wavelength tunable DBR laser with SSG reflectors.”) Regarding Claim 2, Fish in combination with Yuichi teaches the first diffraction grating and the second diffraction grating are configured such that a wavelength of a reflection peak of a shortest wavelength among the plurality of reflection peaks of the rear DBR region coincides with a wavelength of a reflection peak of a shortest wavelength among the plurality of reflection peaks of the front DBR region when a first injection current to the rear DBR region and a second injection current to the front DBR region are zero. (Fig. 4 of Yuichi shows that when no current is applied both the front and rear DBRs have the same reflection peak of 1581 nm. See Claim 1 for rationale) Regarding Claim 3, Fish in combination with Yuichi teaches an oscillation wavelength of the wavelength-tunable light source is changed by injecting a first injection current into the front DBR region and a second current into the rear DBR region. (Yuichi Page 3 Paragraph 1 under title “PERFORMANCE” “The lasing wavelength was 1.581 µm with no tuning. With the current injection to the rear SSG DBR region the multiple reflection peaks of the rear SSG shifted to the shorter wavelength, and the lasering wavelength shifted to the shorter wavelength at the SSG mode spacing of 5nm. With the injection to the front SSG DBR region, the lasing wavelength shifted to a longer wavelength at an SSG mode spacing of 5.5 nm after a large mode hopping to the shorter wavelength even if the multiple reflection peaks of the front SSG shifted to a shorter wavelength. The maximum wavelength shift in this device was 50 nm.” See Claim 1 for rationale of Yuichi) Regarding Claim 4, Fish in combination with Yuichi teaches a variable range of an oscillation wavelength includes a C band or an L band (Fish Col. 3 Lines 58-59 “In one embodiment, the wavelength bands of interest lie within 1300-1600 nm range” C band is 1530-1565 nm and L band is 1565-1625), the front DBR region and the rear DBR region have the same number of reflection peaks N (Fig. 2(b) of Yuichi shows the front DBR and the rear DBR have the same number of reflection peaks See Claim 1 for rationale), and Fish in combination with Yuichi does not teach the first diffraction grating and the second diffraction grating are configured so as to satisfy the following equations for an average period difference ΔΛ0 between an average period Λ0_front of the first diffraction grating and an average period Λ0_rear of the second diffraction grating. Δ Λ 0 = Λ 0 f r o n t -   Λ 0 r e a r Λ 0 f r o n t * 100 and . 04 < 2 * Δ Λ 0 N - 1 < . 09   ( % ) However, It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the difference between the average period of the first diffraction grating and the average period of the second diffraction grating as taught by Fish in view of Yuichi because the average period of the first and second diffraction grating would optimize the wavelengths of the reflection peaks that will be produced (Yuichi Page 1 Paragraph 1 in section titled “CONCEPT AND CHARACTERSISTCS OF SSG”) (MPEP 2144.05 II). Optimizing the average period of the two diffraction gratings allows for the two equations to be satisfied. Regarding Claim 5, Fish in combination with Yuichi teaches a variable range of an oscillation wavelength includes a O band (Fish Col. 3 Lines 58-59 “In one embodiment, the wavelength bands of interest lie within 1300-1600 nm range” O band is 1260-1360 nm), the front DBR region and the rear DBR region have the same number of reflection peaks N (Fig. 2(b) of Yuichi shows the front DBR and the rear DBR have the same number of reflection peaks See Claim 1 for rationale), and Fish in combination with Yuichi does not teach the first diffraction grating and the second diffraction grating are configured so as to satisfy the following equations for an average period difference ΔΛ0 between an average period Λ0_front of the first diffraction grating and an average period Λ0_rear of the second diffraction grating. Δ Λ 0 = Λ 0 f r o n t -   Λ 0 r e a r Λ 0 f r o n t * 100 and . 03 < 2 * Δ Λ 0 N - 1 < . 06   ( % ) However, It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the difference between the average period of the first diffraction grating and the average period of the second diffraction grating as taught by Fish in view of Yuichi because the average period of the first and second diffraction grating would optimize the wavelengths of the reflection peaks that will be produced (Yuichi Page 1 Paragraph 1 in section titled “CONCEPT AND CHARACTERSISTCS OF SSG”) (MPEP 2144.05 II). Optimizing the average period of the two diffraction gratings allows for the two equations to be satisfied. Regarding Claim 6, Fish in combination with Yuichi teaches a semiconductor optical amplifier (SQA) is further integrated on an output side of the field-absorption optical modulator. (Fish Fig. 2, 26 “SOA”) Regarding Claim 7, Fish in combination with Yuichi teaches a wavelength range of the plurality of reflection peaks of the first diffraction grating and a wavelength range of the plurality of reflection peaks of the second diffraction grating are included at least in a wavelength-tunable range by the wavelength-tunable light source. (Yuichi Fig. 2(b) shows a plurality reflection peaks of the first and second diffraction grating. Fig. 5 of Yuichi shows they are included in at least a wavelength-tunable range by the wavelength-tunable light source.) Regarding Claim 8, Fish in combination with Yuichi teaches a semiconductor optical amplifier (SQA) is further integrated on an output side of the field-absorption optical modulator. (Fish Fig. 2, 26 “SOA”) Regarding Claim 9, Fish in combination with Yuichi teaches a semiconductor optical amplifier (SQA) is further integrated on an output side of the field-absorption optical modulator. (Fish Fig. 2, 26 “SOA”) Regarding Claim 10, Fish in combination with Yuichi teaches a semiconductor optical amplifier (SQA) is further integrated on an output side of the field-absorption optical modulator. (Fish Fig. 2, 26 “SOA”) Regarding Claim 11, Fish in combination with Yuichi teaches a semiconductor optical amplifier (SQA) is further integrated on an output side of the field-absorption optical modulator. (Fish Fig. 2, 26 “SOA”) Regarding Claim 12, Fish in combination with Yuichi teaches a wavelength range of the plurality of reflection peaks of the first diffraction grating and a wavelength range of the plurality of reflection peaks of the second diffraction grating are included at least in a wavelength-tunable range by the wavelength-tunable light source. (Yuichi Fig. 2(b) shows a plurality reflection peaks of the first and second diffraction grating. Fig. 5 of Yuichi shows they are included in at least a wavelength-tunable range by the wavelength-tunable light source.) Regarding Claim 13, Fish in combination with Yuichi teaches a wavelength range of the plurality of reflection peaks of the first diffraction grating and a wavelength range of the plurality of reflection peaks of the second diffraction grating are included at least in a wavelength-tunable range by the wavelength-tunable light source. (Yuichi Fig. 2(b) shows a plurality reflection peaks of the first and second diffraction grating. Fig. 5 of Yuichi shows they are included in at least a wavelength-tunable range by the wavelength-tunable light source.) Regarding Claim 14, Fish in combination with Yuichi teaches a wavelength range of the plurality of reflection peaks of the first diffraction grating and a wavelength range of the plurality of reflection peaks of the second diffraction grating are included at least in a wavelength-tunable range by the wavelength-tunable light source. (Yuichi Fig. 2(b) shows a plurality reflection peaks of the first and second diffraction grating. Fig. 5 of Yuichi shows they are included in at least a wavelength-tunable range by the wavelength-tunable light source.) Regarding Claim 15, Fish in combination with Yuichi teaches a wavelength range of the plurality of reflection peaks of the first diffraction grating and a wavelength range of the plurality of reflection peaks of the second diffraction grating are included at least in a wavelength-tunable range by the wavelength-tunable light source. (Yuichi Fig. 2(b) shows a plurality reflection peaks of the first and second diffraction grating. Fig. 5 of Yuichi shows they are included in at least a wavelength-tunable range by the wavelength-tunable light source.) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 2003509851 Fig. 2 appears to teach many features found in Claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN SUTTON KOTTER whose telephone number is (571)270-1859. The examiner can normally be reached Monday - Friday 8:00-5:00. 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. /STEPHEN SUTTON KOTTER/Examiner, Art Unit 2828 /MINSUN O HARVEY/Supervisory Patent Examiner, Art Unit 2828
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Prosecution Timeline

Jun 06, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection — §103 (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
67%
Grant Probability
99%
With Interview (+39.6%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 102 resolved cases by this examiner. Grant probability derived from career allow rate.

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