Prosecution Insights
Last updated: October 02, 2026
Application No. 18/317,736

AVALANCHE PHOTODIODE USING A SILICON CAP LAYER

Non-Final OA §102
Filed
May 15, 2023
Examiner
MUNOZ, ANDRES F
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Cisco Technology Inc.
OA Round
3 (Non-Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
551 granted / 722 resolved
+8.3% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
42 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
48.9%
+8.9% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 722 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9.8.2026 has been entered. Claim Rejections - 35 USC § 102 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim 21 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bian (US 20240142725 A1). Regarding claim 21, Bian discloses an avalanche photodiode (APD) (Fig. 1.1B, 10, the term “APD” does not impart a structural limitation and the body of the claim does not depend on the term “APD” and stands on its own. See MPEP 2111.02), comprising: a dielectric layer (102, [0026]); a silicon layer (103, [0028], cSi) disposed on the dielectric layer; a germanium absorption region (104, [0029]) disposed on the silicon layer; a silicon cap layer (105, [0030], cSi) disposed on the germanium absorption region, wherein the silicon cap layer comprises a multiplication region (the term “multiplication region” does not add an additional structural limitation and recites a property of Si; since the prior art discloses Si, said property is considered implicitly met per MPEP 2112 and/or 2114); a cathode electrode (unlabeled via in ILD 150; Fig. 1.1B) coupled to the silicon cap layer (105); and a N-doped region (19, “N+ contact region 19 therein”) of the silicon cap layer, wherein the cathode electrode is connected to the N-doped region (Fig. 1.1B), wherein a remaining portion of the silicon cap layer (105 as 18) is intrinsic silicon or is lighter doped than the N-doped region of the silicon cap layer (N vs N+, “N-doped region 18, and can further include an N+ contact region 19”). Allowable Subject Matter Claims 1-15 and 24-25 are allowed. Claim 22 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 1, the prior art of record fails to disclose or suggest a P-doped charge layer disposed between the germanium absorption region and the multiplication region as recited within the context of the claim; claims 2-8 and 24-25 depend from claim 1. Bian (US 20240142725 A1) discloses an avalanche photodiode (APD) (Fig. 1.2B), comprising: a dielectric layer (102); a silicon layer (103) disposed on the dielectric layer; a germanium absorption region (104) disposed on the silicon layer; a silicon cap layer (105, cSi, [0030]) disposed on the germanium absorption region, wherein the silicon cap layer comprises a multiplication region (the term “multiplication region” does not add an additional structural limitation and recites a property of Si; since the prior art discloses Si, said property is considered implicitly met per MPEP 2112 and/or 2114), a P-doped charge layer (106, [0032]) a cathode electrode (unlabeled vias in ILD 150) coupled (electrically) to the silicon cap layer. Regarding claim 9, the prior art of record fails to disclose or suggest a P-doped charge layer disposed between the germanium absorption region and the multiplication region as recited within the context of the claim; claims 10-15 depend from claim 1. Bian (US 20240142725 A1) discloses an avalanche photodiode (APD) (Fig. 1.2B), comprising: a buried oxide (BOX) layer (102); a silicon layer (103) disposed on the BOX layer; a germanium absorption region (104) disposed on the silicon layer; a silicon cap layer (105, cSi, [0030]) disposed on the germanium absorption region, wherein the silicon cap layer comprises a multiplication region (the term “multiplication region” does not add an additional structural limitation and recites a property of Si; since the prior art discloses Si, said property is considered implicitly met per MPEP 2112 and/or 2114); a P-doped charge layer (106, [0032]) a cathode electrode (unlabeled vias in ILD 150) coupled (electrically) to the silicon cap layer. Regarding claim 22, the prior art of record fails to disclose or suggest wherein a portion of the germanium absorption region contacting the silicon cap layer forms a charge layer, wherein the charge layer is P-doped. Response to Arguments Applicant’s arguments with respect to the prior art of record failing to disclose or suggest “a P-doped charge layer disposed between the germanium absorption region and the multiplication region” of claims 1 and 9 are persuasive. Claims 1 and 9 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRES MUNOZ whose telephone number is (571)270-3346. The examiner can normally be reached 8AM-5PM Central Time. 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, Eva Montalvo can be reached at (571)270-3829. 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. /Andres Munoz/Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

Show 1 earlier event
Mar 06, 2026
Non-Final Rejection mailed — §102
May 18, 2026
Applicant Interview (Telephonic)
May 18, 2026
Examiner Interview Summary
Jun 04, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §102
Sep 08, 2026
Request for Continued Examination
Sep 10, 2026
Response after Non-Final Action
Sep 24, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
76%
Grant Probability
94%
With Interview (+17.5%)
2y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 722 resolved cases by this examiner. Grant probability derived from career allowance rate.

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