Prosecution Insights
Last updated: April 19, 2026
Application No. 18/275,026

APPARATUS HAVING A SINGLE PHOTON AVALANCHE DIODE (SPAD) WITH IMPROVED NEAR INFRARED (NIR) PHOTON DETECTION EFFICIENCY

Non-Final OA §112
Filed
Jul 31, 2023
Examiner
GAWORECKI, MARK R
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Koninklijke Philips N V
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1025 granted / 1128 resolved
+22.9% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
23 currently pending
Career history
1151
Total Applications
across all art units

Statute-Specific Performance

§101
5.7%
-34.3% vs TC avg
§103
35.8%
-4.2% vs TC avg
§102
24.4%
-15.6% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1128 resolved cases

Office Action

§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 . Claim Rejections - 35 USC § 112 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 1-8 and 12 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. With respect to claim 1, this claim recites a first cladding layer disposed over the plurality of SPADs and along the width and a second cladding layer disposed above the substrate and along the width. This appears to contradict the specification and drawings, as the SPADs are formed in the substrate, thus the use of both “above” and “over” indicate the both cladding layers are on the same side of the substrate in which the SPADs appear (cladding layers are generally understood to surround a core layer in a waveguide). If the claim is meant to differentiate the substrate in which the SPADs are located from a second substrate (such as element 204), this must be specified. Claims 2-8 are rejected for reasons of dependency. With respect to claims 4 and 12, these claims recite “and a thickness in a range of approximately 1 μm and approximately 10 μm”. It appears that the emphasized “and” should read “to”, as the thickness cannot be both values simultaneously. Allowable Subject Matter Claims 9-11 and 13-16 are allowed. Claims 1-8 and 12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: Mazzillo et al. (US 2014/0339398 A1, cited by Applicant) discloses an avalanche photodiode structure comprising a substrate (2) and epitaxial layers (4/6/8). Mazzillo is silent with regard to cladding layers (the recited epitaxial layers are structural elements of the photodiodes themselves). Frey et al. (US 2016/0365464 A1, cited by Applicant) discloses an SPAD photodiode structure (abstract) comprising upper and lower waveguide cladding (par. [0059]). Frey does not disclose at least one SPAD formed in or along a substrate which is adapted to function as a core of a waveguide, as claimed. With respect to claims 1 and 9, the cited prior art does not appear to disclose or reasonably suggest a substrate adapted to function as a core layer of an optical waveguide; at least one single photon avalanche photodiode disposed in or along a width of the substrate; a first cladding layer disposed over the at least one SPAD and along the width; and a second cladding layer disposed beneath the substrate and along the width, wherein the optical waveguide comprises the substrate, the first cladding layer and the second cladding layer. Claims 10-11 and 13-16 are allowable for reasons of dependency. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 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, DAVID MAKIYA can be reached at 571-272-2273. 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. /MARK R GAWORECKI/ Primary Examiner, Art Unit 2884 9 January 2026
Read full office action

Prosecution Timeline

Jul 31, 2023
Application Filed
Jan 09, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
91%
Grant Probability
98%
With Interview (+6.6%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 1128 resolved cases by this examiner. Grant probability derived from career allow rate.

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