Prosecution Insights
Last updated: October 04, 2026
Application No. 18/338,287

Component Carrier and Method of Manufacturing the Same

Non-Final OA §102§103
Filed
Jun 20, 2023
Priority
Aug 08, 2019 — CIP of 16/535,419
Examiner
LE, UYEN CHAU N
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
AT&S Austria Technologie & Systemtechnik AG
OA Round
3 (Non-Final)
22%
Grant Probability
At Risk
3-4
OA Rounds
0m
Est. Remaining
14%
With Interview

Examiner Intelligence

Grants only 22% of cases
22%
Career Allowance Rate
8 granted / 36 resolved
-45.8% vs TC avg
Minimal -9% lift
Without
With
+-8.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 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 . Response to Arguments Applicant's arguments filed 07/09/2026 have been fully considered but they are not persuasive. Applicant argued that Schwarz does not teach “the electrically insulating cap structure is made of an optical organic polymer material” (Remarks, page 8), and “an optical organic polymer material has optical properties similar to glass” (Remarks, page 10). The examiner disagrees. It is noted that glass material or “an optical organic polymer material has optical properties similar to glass” is not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, Applicant cited paragraphs [0030] and [0086] of the instant application’s specification, which only recite “the cap structure is made of a glass material or an optical organic polymer material” and do not define any specific optical organic polymer material. Accordingly, given the broadest reasonable interpretation, Schwarz’s epoxy resin meets the claimed “optical organic polymer material” because “epoxy resin is an organic polymer that can be formulated and used as an optical material” (Google AI’s definition). In response to Applicant’s argument that “Schwarz's epoxy resin is… not as an optical organic polymer material configured as a cladding that fully surrounds an optical waveguide” (Remarks, page 9), the examiner disagrees. It is noted that “an optical organic polymer material configured as a cladding that fully surrounds an optical waveguide” is not recited in the rejected claim 1. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Further, even if the feature is claimed, given the broadest reasonable interpretation, cladding is any layer that confines light within a waveguide. First, Schwarz’s fixation/epoxy resin layer (104) is arranged/structure to cover waveguide (106), it is reasonably interpreted as a layer which confines light within a waveguide (106). Second, it is well-known in the art that epoxy resin is widely used as an optical waveguide cladding material. Therefore, Schwarz’s fixation/epoxy resin layer (104) meets the claimed limitation of “an optical organic polymer material configured as a cladding.” Applicant further argued that “Fig. 1 shows component 106 embedded such that its upper surface is not fully surrounded by the component fixation structure 104 in cross section” (page 8), thus Schwarz does not teach “an electrically insulating cap structure made of an optical organic polymer material that fully surrounds an optical waveguide in a cross section of the component carrier” (Remarks, page 9). The examiner disagrees. A cap structure should only surround three (3) sides of the element it covers, not all four (4) sides. Thus, surrounding three (3) sides of the waveguide is considered as fully surrounds. Accordingly, fixation/epoxy resin layer (104) covering/surrounding all three (3) sides of waveguide (106) as shown in fig. 1 of Schwarz meets the claimed limitation of “the cap structure… fully surrounds an optical waveguide.” Nonetheless, for the purpose of expediting prosecution, a new ground(s) of rejection is made in view of Shelnut et al. (US 20060098926 A1). 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)(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) 1-2, 4-5, 7, 10, 13, 20, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shelnut et al. (US 20060098926 A1). Re claims 1 and 19, Shelnut et al. discloses a component carrier and a method of manufacturing thereof, comprising: a laminated stack (18; [0054] and [0096]) being a laminate of at least one electrically conductive layer structure (copper layers) and at least one electrically insulating layer structure (epoxy resin); and an electrically insulating cap structure (first clad 4 and second clad 12; 4 and 12 are made of the same material; [0068]) selectively covering an optical waveguide (6) at an exterior surface of the laminated stack (18), wherein the electrically insulating cap structure is made of an optical organic polymer material ([0022]) and fully surrounds an optical waveguide (6) in a cross section of the component carrier (figs. 1-2). Re claim 2, Shelnut et al. discloses the component carrier according to claim 1, wherein the optical waveguide is a waveguide core cladded by the electrically insulating cap structure (figs. 1-2; [0049]). Re claim 4, Shelnut et al. discloses the component carrier according to claim 1, wherein the optical waveguide is made of an optical polymeric material and/or glass material ([0022]). Re claim 5, Shelnut et al. discloses the component carrier according to claim 1, wherein the laminated stack is a printed circuit board (18; [0055]), wherein the optical waveguide is fully embedded in the electrically insulating cap structure (fig. 2). Re claim 7, Shelnut et al. discloses the component carrier according to claim 1, wherein the optical waveguide comprises a cross-section having an edged shape (figs. 1-2). Re claim 10: Shelnut et al. discloses the component carrier according to claim 1, wherein a plurality of the optical waveguides (6) are arranged side by side without direct contact with each other (figs. 1-2). Re claim 13: Shelnut et al. discloses the component carrier according to claim 1, wherein the optical waveguide and the electrically insulating cap structure are formed on both opposing main surfaces of the laminated stack (18) (fig. 7). Re claim 20: Shelnut et al. discloses the method according to claim 19, wherein the cap structure is formed by one of spin coating and spray coating ([0047]). Re claim 24: Shelnut et al. discloses the method according to claim 19, wherein the step of forming the electrically insulating cap structure (4, 12) comprises forming the electrically insulating cap structure such that the optical waveguide (6) is centrally arranged within the electrically insulating cap structure (4, 12) such that the electrically insulating cap structure, which acts as a cladding ([0049]). Claim(s) 1-3, 5, 7-8, 10-11, 13-15, 17-19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwarz et al. (US 20180177045 A1). Re claims 1 and 19: Schwarz et al. discloses a component carrier (100; fig. 1) and a method of manufacturing thereof, comprising: a laminated stack (118) being a laminate of at least one electrically conductive layer structure (114) and at least one electrically insulating layer structure (116); and an electrically insulating cap structure (104) at an exterior surface of the laminated stack, wherein the electrically insulating cap structure is made of an optical organic polymer material (e.g., epoxy resin; [0016] and [0077]) and fully surrounds an optical waveguide in a cross section of the component carrier (fig. 1). Re claim 2: Schwarz et al. discloses the component carrier according to claim 1, wherein the optical waveguide is a waveguide core cladded by the electrically insulating cap structure (fig. 1; [0079] where “the electronic components 106 are pressed into the component fixation structure 104,” 104 serves as a cladding layer of waveguide 106). Re claim 3: Schwarz et al. discloses the he component carrier according to claim 1, wherein the electrically insulating cap structure (104) and the at least one electrically insulating layer structure (116) are made of the same material (e.g., epoxy resin; [0016] and [0046]). Re claim 5: Schwarz et al. discloses the component carrier according to claim 1, wherein the laminated stack is a printed circuit board (100), wherein the optical waveguide (106) is fully embedded in the electrically insulating cap structure (104) (fig. 1). Re claim 7: Schwarz et al. discloses the component carrier according to claim 1, wherein the optical waveguide (106) comprises a cross-section having an edged shape (fig. 1). Re claim 8: Schwarz et al. discloses the component carrier according to claim 1, wherein at least one of the electrically insulating cap structure (104) and the at least one electrically insulating layer structure (116) comprises a filling material located a distance of at least 20 pm from the optical waveguide (fig. 1; [0080] within the contact hole 110). Re claim 10: Schwarz et al. discloses the component carrier according to claim 1, wherein a plurality of the optical waveguides (106) are arranged side by side without direct contact with each other (fig. 1). Re claim 11: Schwarz et al. discloses the component carrier according to claim 1, further comprising: an optical chip (106; [0040] optoelectronic interface element) connected to the optical waveguide (106), wherein the electrically insulating cap structure and the optical waveguide are vertically shifted in a thickness direction of the laminated stack from the optical chip (figs. 27-28). Re claim 13: Schwarz et al. discloses the component carrier according to claim 1, wherein the optical waveguide and the electrically insulating cap structure are formed on both opposing main surfaces of the laminated stack (102) (fig. 7). Re claim 14: Schwarz et al. discloses the component carrier according to claim 1, wherein in a cross- sectional view, the electrically insulating cap structure (104) is substantially U-shaped (figs. 22-23). Re claim 15: Schwarz et al. discloses the component carrier according to claim 1, wherein the optical waveguide is a component (106) ([0040]). Re claim 17: Schwarz et al. discloses the component carrier according to claim 1, further comprising at least one of the following features: the component carrier comprises at least one component (106) being surface mounted on and/or embedded in the component carrier ([0039]), wherein the at least one component is in particular selected from a group consisting of an electronic component, an electrically non- conductive and/or electrically conductive inlay, a heat transfer unit, a light guiding element, an energy harvesting unit, an active electronic component, a passive electronic component, an electronic chip, a storage device, a filter, an integrated circuit, a signal processing component, a power management component, an optoelectronic interface element, a voltage converter, a cryptographic component, a transmitter and/or receiver, an electromechanical transducer, an actuator, a microelectromechanical system, a microprocessor, a capacitor, a resistor, an inductance, an accumulator, a switch, a camera, an antenna, a magnetic element, a further component carrier, and a logic chip ([0040]); wherein the at least one electrically conductive layer structure (114) of the component carrier comprises at least one of the group consisting of copper, aluminum, nickel, silver, gold, palladium, and tungsten ([0048]); wherein the at least one electrically insulating layer structure (116) comprises at least one of the group consisting of reinforced or non-reinforced resin, epoxy resin or bismaleimide-triazine resin, ABF, FR-4, FR-5, cyanate ester, polyphenylene derivate, glass, prepreg material, polyimide, polyamide, liquid crystal polymer, epoxy-based build-up film, polytetrafluoroethylene, a ceramic, and a metal oxide ([0046]); wherein the electrically insulating cap structure (104) comprises at least one group consisting of reinforced or non-reinforced resin, epoxy resin or bismaleimide-triazine resin, ABF, FR-4, FR-5, cyanate ester, polyphenylene derivate, glass, prepreg material, polyimide, polyamide, liquid crystal polymer, epoxy-based build-up film, polytetrafluoroethylene, a ceramic, and a mold compound ([0047]); wherein the component carrier is shaped as a plate ([0044]); wherein the component carrier is configured as one of the group consisting of a printed circuit board, a substrate, and an interposer ([0009]). Re claim 18: Schwarz et al. discloses the component carrier according to claim 1, further comprising: a shielding structure (122) on the electrically insulating cap structure (104) for shielding the optical waveguide (106), wherein the shielding structure shields at least against one of electromagnetic radiation, in particular high-frequency radiation, heat radiation, infrared radiation, light, and humidity; and/or the shielding structure is configured to protect a signal integrity of a signal being transported within the optical waveguide ([0110]). Re claim 21: Schwarz et al. discloses the method according to claim 19, wherein at least one of the optical waveguide, the laminated stack, and the cap structure is formed by one of 3D- printing and nano-imprint lithography ([0044]), wherein at least one of the optical waveguide and the at least one of the plurality electrically insulating layer structure is made of an optical polymeric material or a glass material ([0046]). Re claim 22: Schwarz et al. discloses the method according to claim 19, wherein the cap structure is manufactured at least by one of plating and sputtering ([0023]). Re claim 23: Schwarz et al. discloses the method according to claim 19, further comprising: forming a shielding structure (122) on the electrically insulating cap structure (104) for shielding the optical waveguide (106; [0110]). Re claim 24: Schwarz et al. discloses the method according to claim 19, wherein the step of forming the electrically insulating cap structure (104) comprises forming the electrically insulating cap structure such that the optical waveguide (106) is centrally arranged within the electrically insulating cap structure (104) such that the electrically insulating cap structure, which acts as a cladding (fixation/epoxy resin layer (104) is arranged/structure to cover waveguide (106), it is reasonably interpreted as a layer which confines light within a waveguide (106) and it is well-known in the art that epoxy resin is widely used as an optical waveguide cladding material), fully surrounds the optical waveguide in a cross section of the component carrier (fig. 1; fixation/epoxy resin layer (104) is covering all three (3) sides of waveguide (106), which meets the cap structure that fully surrounds waveguide (106). Note that a cap structure cannot cover/surround all four (4) sides of the 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shelnut et al. (US 20060098926 A1). Re claim 6: Shelnut et al. discloses the component carrier according to claim 1, and further teaches the thickness of the electrically insulating cap structure layer (first and second clads) and the thickness of the optical waveguide ([0050]), and the thickness of the layer(s) will depend on the particular application ([0047]), but does not explicitly disclose the electrically insulating cap structure layer’s thickness being at least 3 times larger than a layer thickness of the optical waveguide. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to modify the thickness of the electrically insulating cap structure to be at least 3 times larger than a layer thickness of the optical waveguide since such modification is merely a design choice which falls within Shelnut et al.’s range for intended use ([0047] and [0050]). Further, it has been held that a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955), and a change in size without modifying the operation of a device has been held to be obvious. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). It has also been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233, 235 (CCPA 1955). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz et al. (US 20180177045 A1) in view of Weis (US 11398334 B2). Re claim 9: Schwarz et al. discloses the component carrier according to claim 1 as discussed above, but fails to teach the electrically insulating cap structure comprises a porous material having open and/or closed pores being filled by a fluid. However, using a porous material having open and/or closed pores being filled by a fluid or gas to form an electrically insulating layer is well-known in the art as evidenced by Weis. Weis discloses the electrically insulating cap structure comprises a porous material having open and/or closed pores being filled by a fluid or gas (col. 4, line 65 through col. 5, line 10 where the gap is filled with air, which can be both a gas and a fluid). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to add liquid fillers of Weis to the electrically insulating cap structure of Schwarz et al. for tailored viscosity, improved handling, and enhanced physical properties without sacrificing strength. Further, such modification would have been an obvious design variation, well within the ordinary skill in the art, since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination. In re Leshin, 125 USPQ 146. Claim(s) 12 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz et al. (US 20180177045 A1) in view of Masuyama et al (US 9696496 B2). Re claims 12 and 16: Schwarz et al. discloses the component carrier according to claim 1, but fails to teach the electrically insulating cap structure is a solder resist OR on top of the electrically insulating cap structure, at least one of a surface finish and a further solder resist is formed. Masuyama et al. discloses the component carrier according to claim 1, wherein the electrically insulating cap structure (35) is a solder resist (Fig. 5; col. 11, lines 14-31); wherein on top of the electrically insulating cap structure (35), at least one of a surface finish (67a) and a further solder resist is formed (layer 67b - Fig. 5; col. 11, lines 35-40). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to add solder resist/mask of Masuyama et al. to the electrically insulating cap structure of Schwarz et al. to prevent short circuits, solder bridges, and oxidation, thereby enhance the device’s reliability. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwarz et al. (US 20180177045 A1) in view of Brusberg (US 20180217326 A1). Re claim 20: Schwarz et al. discloses the method according to claim 19 as discussed in claim 19 above, but fails to teach the cap structure is formed by one of spin coating and spray coating. Brusberg discloses the method according to claim 19, wherein the cap structure (150) is formed by spray coating (paragraphs [0080] and [0102]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to utilize the spray coating method as taught by Brusberg to form the cap structure of Schwarz et al. for its superior surface protection and cost effective. One of ordinary skill could have formed the elements by known methods with no change in their respective functions to yield predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). Conclusion Tuominen et al. (US 20220256686 A1), Xu et al. (US 6555288 B1) discloses a component carrier comprising: a laminated stack being laminated of electrically conductive layer structures and electrically insulating layer structures; and an electrically insulating cap structure fully surrounds an optical waveguide in a cross section of the component carrier. Kaneko et al. (US 5972516 A) discloses the electrically insulating cap structure comprises a layer thickness being at least 3 times larger than a layer thickness of the optical waveguide. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Uyen-Chau N. Le whose telephone number is (571)272-2397. The examiner can normally be reached Monday-Friday, 9:00am-5:30pm. 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, Kiesha R. Bryant can be reached at (571) 272-3606. 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. /UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Jun 20, 2023
Application Filed
Jun 04, 2025
Non-Final Rejection mailed — §102, §103
Aug 14, 2025
Response Filed
Apr 15, 2026
Final Rejection mailed — §102, §103
Jul 09, 2026
Request for Continued Examination
Jul 15, 2026
Response after Non-Final Action
Aug 13, 2026
Non-Final Rejection mailed — §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
22%
Grant Probability
14%
With Interview (-8.6%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

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