Prosecution Insights
Last updated: August 06, 2026
Application No. 18/319,229

OPTOELECTRONIC DEVICE INCLUDING NEAR INFRARED PHOTODIODES AND NEAR INFRARED LIGHT EMITTING DIODES

Non-Final OA §103
Filed
May 17, 2023
Examiner
VU, DAVID
Art Unit
2818
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manfacturing Company Ltd.
OA Round
2 (Non-Final)
77%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
576 granted / 747 resolved
+9.1% vs TC avg
Strong +18% interview lift
Without
With
+18.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
18 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 747 resolved cases

Office Action

§103
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 . DETAILED ACTION Withdrawal of Previously Indicated Allowable Subject Matter 1. The indicated allowability of previously presented claims 23-25 are withdrawn in view of the newly discovered reference to Huang et al. (US 10,553,733). Rejections based on the newly cited reference follow. Claim Rejections - 35 USC § 103 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 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 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 of this title, 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. 2. Claims 21-22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 2011/0260059; hereinafter Jiang) in view of Huang et al. (US 10,553,733; hereinafter Huang). Regarding claim 21, Jiang, in fig. 6a, discloses a semiconductor device, comprising: a visible light photodiode (630/640 on the right side of the dotted line, see [0067]) in a semiconductor layer 606; and a near infrared photodiode (630/640 on the left side of the dotted line, see [0066]) in the semiconductor layer 606, wherein the near infrared photodiode is adjacent to the visible light photodiode, and wherein the near infrared photodiode comprises at one of a material comprising a type III periodic element, or a material comprising a type V periodic element ([0072]). Jiang discloses a semiconductor device as above but fails to disclose a region formed in the semiconductor layer over at least one of the near infrared photodiode or the visible light photodiode, wherein the region comprises a trench including a plurality of angled walls. However, Huang, fig. 8, discloses a region 814 formed in the semiconductor layer 102 over at least one of the photodiode, wherein the region comprises a trench 816 including a plurality of angled walls. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to form a plurality of angled walls structure as taught by Huang in order to increase the amount of light absorbed by the photodiode. Regarding claim 22, Jiang discloses further comprising a trench isolation structure 645 between the visible light photodiode and the near infrared photodiode, wherein the trench isolation structure 645 comprises a dielectric layer formed in a trench extending in the semiconductor layer 606 (fig. 6a). Regarding claim 24, Huang discloses wherein the plurality of angled walls are formed in a periodic structure (fig. 8). Regarding claim 25, Huang discloses wherein the region 814 is connected to a trench isolation structure 823 that is disposed between the photodiodes 104a/104b (fig. 8). Allowable Subject Matter 3. Claims 1-15 and 26 are allowed. 4. The following is an examiner's statement of reason for allowance: the prior art of record, either singularly or in combination, does not disclose or suggest at least the claim limitations of " a near infrared light emitting diode within the layer of the silicon material and comprising: a second epitaxial material; and a deep trench isolation structure between the near infrared photodiode and the near infrared light emitting diode" (claim 1); or "a plurality of near infrared light emitting diodes comprising the selectively grown epitaxial material and dispersed near, and along, a perimeter of the semiconductor device; and a seal ring structure between the plurality of near infrared light emitting diodes and the array of near infrared photodiodes" (claim 8) as instantly claimed and in combination with the remaining elements. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance". Response to Arguments 5. Applicant's arguments with respect to the pending claims have been considered but are moot in view of the new ground(s) of rejection. Conclusion 6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David Vu whose telephone number is (571) 272-1798. The examiner can normally be reached on Monday-Friday from 8:00am to 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 attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Steven Loke H can be reached on (571) 272-1657. 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. /DAVID VU/ Primary Examiner, Art Unit 2818
Read full office action

Prosecution Timeline

May 17, 2023
Application Filed
Aug 08, 2023
Response after Non-Final Action
Mar 09, 2026
Non-Final Rejection mailed — §103
May 22, 2026
Interview Requested
Jun 01, 2026
Applicant Interview (Telephonic)
Jun 01, 2026
Examiner Interview Summary
Jun 09, 2026
Response Filed
Jul 27, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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2y 9m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
77%
Grant Probability
95%
With Interview (+18.1%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 747 resolved cases by this examiner. Grant probability derived from career allowance rate.

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