Prosecution Insights
Last updated: April 19, 2026
Application No. 18/313,416

OPTICAL DEVICE AND OPTICAL DETECTION SYSTEM

Non-Final OA §102§103
Filed
May 08, 2023
Examiner
CONNELLY, MICHELLE R
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Panasonic Intellectual Property Management Co., Ltd.
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
808 granted / 1010 resolved
+12.0% vs TC avg
Moderate +14% lift
Without
With
+14.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
42 currently pending
Career history
1052
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
46.1%
+6.1% vs TC avg
§102
31.9%
-8.1% vs TC avg
§112
15.0%
-25.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1010 resolved cases

Office Action

§102 §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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 2, 2025 has been entered. Response to Amendment Applicant’s Amendment filed December 2, 2025 has been fully considered and entered. 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. Claim(s) 1-3, 5, 7-16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inada et al. (US 2018/0224709 A1 hereinafter Inada). Regarding claim 1, Inada discloses an optical device (100, Fig. 1) comprising a plurality of optical waveguide units (first and second waveguides 1 and 10 for waveguide units; see paragraph 318; see Figures 1, 14, 25) arranged in a first direction (corresponding to “Y” Direction as shown in Figure 1), wherein; each of the plurality of optical waveguide units (1/10) extends in a second direction (corresponding to “X” Direction as shown in Figure 1) crossing the first direction, and input light to the plurality of optical waveguide units propagates along the second direction (X); each of the optical waveguide units (1/10) includes a first mirror (3/30) having a first reflecting surface (surface of 3/30), a second mirror (4/40, Figure 14) having a second reflecting surface (surface of 4/40) facing the first reflecting surface, and at least one optical waveguide region (2/20) located between the first mirror (3/30) and the second mirror (4/40), and in a cross section (see Figure 25B) cutting the plurality of optical waveguides units (1/10) along the first direction (Y), a distance between the first reflecting surface (3/30) and the second reflecting surface (4/40) is different from each other among the plurality of optical waveguide units (1/10; with reference to Figure 25B, a different phase shift amount is applied to each of the waveguides 10, wherein the thickness of the optical waveguide layer 20 is adjusted to select a phase difference for each optical waveguide, such that different thicknesses of each waveguide layer 20 provide the different phase shifts illustrated in Figure 25B, and the differing thicknesses of the waveguide layers 20 inherently require that the distance between the first and second reflecting surfaces of each waveguide 10 is different for each waveguide because the thickness of the waveguide layer 20 is the separation distance between the first and second reflecting surfaces 30 and 40). Regarding claim 2, Inada discloses at least one of the optical waveguide units (10) includes at least one optical input waveguide (2’ Fig. 14) that is optically connected to the optical waveguide region (20) and that inputs light to the optical waveguide region (light path denoted by sawtooth line, Fig. 14). Regarding claim 3, Inada discloses the optical input waveguide (2’) is connected to the optical waveguide region (20) via a mode converter (2, Fig. 14). Regarding claim 5, Inada discloses an efficiency in optical coupling from the optical input waveguide (2’) in the at least one of the optical waveguide units (10) to the optical waveguide region (20) via the mode converter (2) is higher than or equal to 80% (Par. 161). Regarding claims 7 and 8; the distance between the first reflecting surface (3/30) and the second reflecting surface (4/40) varies monotonously along the first direction (Y; see Figure 25B, wherein the different phase shifts for each waveguide 10 require a different thickness of the waveguide layer 20 and thus a different distance between the first reflecting surface 30 and the second reflecting surface 40 for each waveguide 10, and the differing thicknesses/separation distances vary monotonously with the monotonous variation in phase shift illustrated in Figure 25B), and the distance between the first reflecting surface and the second reflecting surface varies in regular steps along the first direction (Y; see Figure 25B, wherein the phase shifts vary in regular steps and the thicknesses of waveguide layers 20 / separation distances between first and second mirrors, 30 and 40, vary in proportion to the phase shifts). Regarding claim 9, Inada discloses the optical device (100) according to claim 1, wherein the first mirror (30) has higher transmittance (Par. 7) than the second mirror (40). Regarding claim 10, Inada discloses each of the optical waveguide units (10) includes a first electrode (1st E, see annotated Fig. 32C) and a second electrode (2nd E, see annotated Fig. 32C), and a liquid crystal material (Par. 358) between the first mirror (30) and the second mirror (40), the optical waveguide region (20) is filled with the liquid crystal material (Par 358), and a voltage applied between the first electrode (1st E) and the second electrode (2nd E) is changed to change a direction of light emitted (Par 362) from the optical waveguide region (20) via the first mirror (30) or an incident direction of light taken into the optical waveguide region via the first mirror (30). PNG media_image1.png 538 493 media_image1.png Greyscale (Inada, Fig. 32 – annotated) Regarding claim 11, Inada discloses the optical device (100) according to claim 1, further comprising: a first structure (1st Structure, see annotated Fig. 55) including the first mirror (30) included in each of the optical waveguide units (10); a second structure (2nd Structure, see annotated Fig. 55) including the second mirror (40) included in each of the optical waveguide units (10); and at least one support member (73, Fig. 55) that is located between the first structure (1st Structure) and the second structure (2nd Structure) and defines the distance between the first reflecting surface (1st RS) and the second reflecting surface (2nd RS) (Par. 441). Regarding claim 12, Inada discloses Wherein the support member (73) is formed of an elastic material (suggested spacer composition materials have varying elastic moduli, see Par. 441). PNG media_image2.png 296 456 media_image2.png Greyscale (Inada, Fig. 55 – annotated) Regarding claim 13, Inada discloses the optical device (100) of claim 1, further comprising an optical switch (92, Fig. 48) capable of selectively supplying light to the optical waveguide region (20) (Par. 402) included in at least one of the optical waveguide units (10). Regarding claim 14, Inada discloses the optical device (100) of claim 1, wherein of the plurality of optical waveguide units (10), only part of the optical waveguide units (10) are supplied with light and other optical waveguide units (10) are not supplied with light (Par. 402). Regarding claim 15, Inada discloses wherein an efficiency in optical coupling to the optical waveguide region (20) in the part of the optical waveguide units (10) is higher than or equal to 80% (Par. 161). Regarding claim 16, Inada discloses an optical detection system (Fig. 69) comprising: the optical device according to claim 1 (100, Fig. 69); an optical detector (400, Fig. 69) that detects light emitted from the optical device and reflected on a target object (Par 489); and a signal processing circuit (600, Fig. 69) that generates distance distribution data, according to output from the optical detector (Par. 489). Regarding claim 18, Inada discloses the first mirror (3/30) and the second mirror (4/40) as continuously provided to the plurality of optical waveguide units (1/10; see Figures 54B and 55) along the first direction (Y). Regarding claim 19, Inada discloses the plurality of optical waveguide units (1/10) as including three or more optical waveguide units (Figures 1 and 14 show multiple waveguides in the Y direction, further 1’ is identified as a third 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. Claim(s) 6, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inada et al. (US 2018/0224709 A1 hereinafter Inada). Regarding claim 6, Inada discloses the optical device according to claim 5. Inada fails to explicitly disclose an efficiency in coupling in the optical waveguide unit adjoining the at least one of the optical waveguide units is lower than 80%. However, Inada teaches a motivation and methodology for limiting optical coupling between adjacent waveguide units (Par 464-468). Therefore, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the methods of limiting optical coupling between adjacent waveguide units taught by Inada in order to achieve optical coupling below 80% between adjacent waveguide units. Regarding claim 17, the embodiment of Figures 1 and 14 fails to disclose the plurality of optical waveguide units as including a plurality of optical waveguide regions defined by a plurality of partition walls. Figure 32A illustrates electrode walls (62) that define the waveguide channel/layer (20) in a single waveguide unit (10). Figure 45 shows a plurality of optical waveguide units (10) forming a waveguide array (10A) with electrodes (62) at boundaries of the waveguide units (10). Thus, before the effective filing date of the present invention, a person of ordinary skill in the art would have found it obvious to provide a plurality of optical waveguide units (10) as including a plurality of optical waveguide regions (10) defined by a plurality of partition walls (electrode walls 62) for the purpose of providing the suggested waveguide array (10A). Regarding claim 20, the embodiment of Figures 1 and 14 fails to disclose the optical input waveguide as disposed between the first mirror and the second mirror. The embodiment of Figure 12, however, teaches the optical input waveguide (2) as disposed between the first mirror and the second mirror (3a and 4). It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to form the optical input waveguide between the first mirror and the second mirror for efficient introduction of light into the waveguide (Paragraph [0284]). Allowable Subject Matter Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 4, while relevant existing prior art discloses the optical device claimed in claims 1-3, claim 4 claims that the mode converter of claim 3 explicitly “includes a grating, and the grating has a structure a refractive index of which varies periodically along a second direction intersecting the first direction.” While a mode converter of this type is not inherently novel, there is no known prior art that encompasses the combination of the mode converter, including the grating structure, of claim 4 with the preceding limitations set out in claims 1-3. Therefore, claim 4 would be allowable if rewritten in independent form including all of the limitations of claims 1-3. Response to Arguments Applicant's arguments filed December 2, 2025 have been fully considered but they are not persuasive. The examiner notes that the previously indicated allowability of claims 7 and 8 has been withdrawn. Please refer to the rejection of claims 7 and 8 set forth above. Applicant submits that none of the cited references disclose or suggest that in a cross section cutting the plurality of optical waveguide units along the first direction, a distance between the first reflecting surface and the second reflecting surface is different from each other amount the plurality of optical waveguide units as recited by amended claim 1. The examiner disagrees. An adjusting element (see paragraph 318 and Figure 25B) that changes the thickness of the optical waveguide layer (20) in the waveguide (10) of each waveguide unit (1/10) is provided to control the phase differences of the light output by the waveguides (10). Each of the waveguides (10) of Figure 25B are associated with different phase shift amounts as labeled in the figure, and therefore each of the waveguide layers (20) have different thicknesses proportional to the different phase shift amounts. The thickness of the waveguide layers (20) is equal to the separation distance between the first and second mirrors (30, 40), and therefore the separation distances of each of the first and second mirrors is different. Applicant argues that, regarding claim 17, Figure 10 of Inada does not disclose the partition walls as claimed. The examiner agrees. The rejection has been revised to point to partition walls formed by electrodes as illustrated in other figures, please see the rejection of claim 17 above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE R CONNELLY whose telephone number is (571)272-2345. The examiner can normally be reached Monday-Friday, 9 AM to 5 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, Uyen-Chau Le can be reached at 571-272-2397. 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. /MICHELLE R CONNELLY/Primary Examiner, Art Unit 2874
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Prosecution Timeline

May 08, 2023
Application Filed
Jan 15, 2025
Non-Final Rejection — §102, §103
Mar 26, 2025
Applicant Interview (Telephonic)
Mar 26, 2025
Examiner Interview Summary
Apr 02, 2025
Response Filed
Oct 10, 2025
Final Rejection — §102, §103
Nov 14, 2025
Interview Requested
Dec 02, 2025
Response after Non-Final Action
Dec 15, 2025
Request for Continued Examination
Jan 05, 2026
Response after Non-Final Action
Mar 12, 2026
Non-Final Rejection — §102, §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

3-4
Expected OA Rounds
80%
Grant Probability
94%
With Interview (+14.1%)
2y 6m
Median Time to Grant
High
PTA Risk
Based on 1010 resolved cases by this examiner. Grant probability derived from career allow rate.

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