Prosecution Insights
Last updated: April 19, 2026
Application No. 18/400,565

PHOTONIC INTEGRATED CIRCUIT INCLUDING SEMICONDUCTOR OPTICAL AMPLIFIERS

Non-Final OA §101§102§103§112§DP
Filed
Dec 29, 2023
Examiner
LIU, LI
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Infinera Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
97%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
1391 granted / 1723 resolved
+18.7% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
24 currently pending
Career history
1747
Total Applications
across all art units

Statute-Specific Performance

§101
6.2%
-33.8% vs TC avg
§103
45.4%
+5.4% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1723 resolved cases

Office Action

§101 §102 §103 §112 §DP
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 . Double Patenting A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. Claims 1-5 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-5 of copending Application No. 18/400,542. This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented. The following table illustrates a mapping of the limitations of claims 1-5 of instant application when compared against the limitations of claims 1-5 of copending Application No. 18/400,542. Instant Application 18/400,565 Copending Application 18/400,542 A photonic integrated circuit, comprising: a substrate; a laser provided on the substrate; a modulator provided on the substrate; an optical path provided on the substrate, wherein light output from the laser propagates along the optical path, the optical path including the laser and the modulator, such that the modulator is operable to modulate the light output from the laser to provide a modulated optical signal; and an optical amplifier provided on the substrate, said at least one optical amplifier being included in the optical path, wherein the optical amplifier, the laser, and the modulator are monolithically integrated on the substrate, the optical amplifier being operable to amplify the modulated optical signal. A photonic integrated circuit, comprising: a substrate; a laser provided on the substrate; a modulator provided on the substrate; an optical path provided on the substrate, wherein light output from the laser propagates along the optical path, the optical path including the laser and the modulator, such that the modulator is operable to modulate the light output from the laser to provide a modulated optical signal; and an optical amplifier provided on the substrate, said at least one optical amplifier being included in the optical path, wherein the optical amplifier, the laser, and the modulator are monolithically integrated on the substrate, the optical amplifier being operable to amplify the modulated optical signal. 2. A photonic integrated circuit in accordance with claim 1, wherein the optical amplifier is coupled to an input to the modulator. 2. A photonic integrated circuit in accordance with claim 1, wherein the optical amplifier is coupled to an input to the modulator. 3. A photonic integrated circuit in accordance with claim 1, wherein the substrate includes indium phosphide. 3. A photonic integrated circuit in accordance with claim 1, wherein the substrate includes indium phosphide. A photonic integrated circuit, comprising: a substrate; a Mach-Zehnder modulator provided on the substrate, the Mach-Zehnder modulator including: a splitter having an input and first and second outputs, a combiner having an output and first and second inputs, a semiconductor optical amplifier optically coupled between the first output of the splitter and the first input of the combiner. A photonic integrated circuit, comprising: a substrate; a Mach-Zehnder modulator provided on the substrate, the Mach-Zehnder modulator including: a splitter having an input and first and second outputs, a combiner having an output and first and second inputs, a semiconductor optical amplifier optically coupled between the first output of the splitter and the first input of the combiner. A photonic integrated circuit in accordance with claim 4, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including: a second semiconductor optical amplifier optically coupled between the second output of the splitter and the second input of the combiner. A photonic integrated circuit in accordance with claim 4, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including: a second semiconductor optical amplifier optically coupled between the second output of the splitter and the second input of the combiner. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 6-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/400,542. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-16 of copending Application No. 18/400,542 contain all the limitations of claims 6-16 of instant application. The following table illustrates a mapping of the limitations of claims 6-16 of instant application when compared against the limitations of claims 6-16 of copending Application No. 18/400,542. Instant Application 18/400,565 Copending Application 18/400,542 6. A photonic integrated circuit in accordance with claim 5, further including a laser, wherein the first and second semiconductor optical amplifiers are operable to adjust a phase of the light output from the laser. 6. A photonic integrated circuit in accordance with claim 5, further including a laser, wherein the first and second optical amplifiers are operable to adjust a phase of the light output from the laser. 7. A photonic integrated circuit in accordance with 5, wherein the first and second semiconductor optical amplifiers are further operable to adjust an amplitude of the light output from the laser 7. A photonic integrated circuit in accordance with 5, wherein the first and second optical amplifiers are further operable to adjust an amplitude of the light output from the laser. 8. A photonic integrated circuit in accordance with 4, wherein the first and second semiconductor optical amplifiers are further operable to adjust an amplitude of the light output from the laser. 8. A photonic integrated circuit in accordance with 4, wherein the first and second optical amplifiers are further operable to adjust an amplitude of the light output from the laser. 9. An apparatus, comprising: a photonic integrated circuit, including: a laser operable to provide an optical signal, a splitter operable to receive the optical signal, and provide a first portion of the optical signal at a first output of the splitter and a second portion of the optical signal at a second output of the splitter, a first Mach-Zehnder modulator operable to receive the first portion of the optical signal and supply a first modulated optical signal, and a second Mach-Zehnder modulator operable to receive the second portion of the optical signal and supply a second modulated optical signal; a polarization rotator operable to rotate a polarization of the first modulated optical signal; a polarization beam combiner operable having first and second inputs operable to receive the first and second modulated optical signals, respectively, the polarization beam combiner be further operable to combine the polarization rotated first modulated optical signal and the second modulated optical signal onto an optical waveguide; and a semiconductor optical amplifier provided in the photonic integrated circuit, wherein the first output of the splitter, the first Mach-Zehnder modulator, and the first input of the polarization beam combiner define a first optical path, and the second output of the splitter, the second Mach-Zehnder modulator, and the second input of the polarization beam combiner define a second optical path, the semiconductor optical amplifier being optically coupled to the first optical path. 9. A photonic integrated circuit, comprising: a laser operable to provide an optical signal; a splitter operable to receive the optical signal, and provide a first portion of the optical signal at a first output of the splitter and a second portion of the optical signal at a second output of the splitter; a first Mach-Zehnder modulator operable to receive the first portion of the optical signal and supply a first modulated optical signal; a second Mach-Zehnder modulator operable to receive the second portion of the optical signal and supply a second modulated optical signal; a polarization rotator operable to rotate a polarization of the first modulated optical signal; a polarization beam combiner operable having first and second inputs operable to receive the first and second modulated optical signals, respectively, the polarization beam combiner be further operable to combine the polarization rotated first modulated optical signal and the second modulated optical signal onto an optical waveguide; and a semiconductor optical amplifier, wherein the first output of the splitter, the first Mach-Zehnder modulator, and the first input of the polarization beam combiner define a first optical path, and the second output of the splitter, the second Mach-Zehnder modulator, and the second input of the polarization beam combiner define a second optical path, the semiconductor optical amplifier being optically coupled to the first optical path. 10. An apparatus in accordance with claim 9, wherein the semiconductor optical amplifier is provided at an output of the polarization beam combiner. 10. A photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier is provided at an output of the polarization beam combiner. 11. An apparatus in accordance with claim 10, wherein the semiconductor optical amplifier is polarization insensitive. 11. A photonic integrated circuit in accordance with claim 10, wherein the semiconductor optical amplifier is polarization insensistive. 12. An apparatus in accordance with claim 9, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier being optically coupled to the second optical path. 12. A photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier being optically coupled to the second optical path. 13. An apparatus in accordance with 9, wherein the semiconductor optical amplifier is optically coupled to the first optical path such that the semiconductor optical amplifier receives a modulated optical signal output from the first Mach-Zehnder modulator. 13. A photonic integrated circuit in accordance with 9, wherein the semiconductor optical amplifier is optically coupled to the first optical path such that the semiconductor optical amplifier receives a modulated optical signal output from the first Mach-Zehnder modulator. 14. A photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier being optically coupled to the second optical path, such that the first semiconductor optical amplifier is optically coupled to the first optical path and receives a first modulated optical signal output from the first Mach-Zehnder modulator, and the second semiconductor optical amplifier is optically coupled to the second optical path and receives a second modulated optical signal output from the second Mach-Zehnder modulator. 14. A photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier being optically coupled to the second optical path, such that the first semiconductor optical amplifier is optically coupled to the first optical path and receives a first modulated optical signal output from the first Mach-Zehnder modulator, and the second semiconductor optical amplifier is optically coupled to the second optical path and receives a second modulated optical signal output from the second Mach-Zehnder modulator. 15. An apparatus in accordance with claim 9, further including a substrate, wherein the laser, the splitter, first and second Mach-Zehnder modulators, and the semiconductor optical amplifier are monolithically integrated on the substrate. 15. A photonic integrated circuit in accordance with claim 9, further including a substrate, wherein the laser, the splitter, first and second Mach-Zehnder modulators, and the semiconductor optical amplifier are monolithically integrated on the substrate. 16. An apparatus in accordance with claim 9, wherein the semiconductor optical amplifier is provided at an input to the splitter. 16. A photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier is provided at an input to the splitter. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 17-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5 and 9 of copending Application No. 18/400,542 as applied to claims 1, 4-5 and 9 of instant application above, and further in view of Hayashi et al (US 2017/0244491). Claims 1, 4-5 and 9 of copending Application No. 18/400,542 disclose all of the subject matter as applied to claims 1, 4-5 and 9 of instant application above. But, claims 1-16 of copending Application No. 18/400,542 do not expressly disclose wherein the first semiconductor optical amplifier provides a first variable gain and the second semiconductor optical amplifier provides a second variable gain (claim 17), or wherein the semiconductor optical amplifier provides a variable gain (claims 18 and 19). However, it is common for a SOA to provide a variable gain so that a desired output power level can be obtained. E.g., Hayashi et al discloses an integrated circuit ([0010], [0028], [0047] “the first and second optical modulators and the first and second semiconductor optical amplifiers are integrated on the same substrate, allowing for a reduction in size and power consumption of the optical transmitter” and “the first optical modulator 101, the second optical modulator 102, the first SOA 201, and the second SOA 202 are integrated on the same substrate in the optical transmitter in the first preferred embodiment, allowing for a reduction in size and power consumption of the optical transmitter”); and as shown in Figures 1, 3, 5 and 8 etc., the semiconductor optical amplifier (201, 202 etc.) provides a variable gain ([0040]-[0041] [0047], [0069], [0076]-[0085] etc., “the controller 206 repeatedly performs feedback control on the detection value to adjust the gain so as to bring the detection value closer to the target value”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Hayachi et al to the system/method of claims 1, 4-5 and 9 of copending Application No. 18/400,542 so that variable gain SOAs are used in the system/method, and desired output power leves from the SOAs can be controlled/adjusted. Claim 20 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 and 12 of copending Application No. 18/400,542 as applied to claims 9 and 12 of instant application above, and further in view of Nagarajan et al (US 9,372,306) and Chu et al (US 2003/0002797). Claims 9 and 12 of copending Application No. 18/400,542 disclose all of the subject matter as applied to claims 9 and 12 above. But, claims 9 and 12 of copending Application No. 18/400,542 do not expressly disclose wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier are biased to provide first and second gains, respectively. However, it is common to provide current/voltage to bias a SOA so to obtain desired gain. E.g., Nagarajan et al discloses andtransmitter photonic integrated circuit (Figures 1 and 13 etc.), and “In SOA elements, more forward bias would be made higher to achieve more power” (column 38 lines 17-18), “the power may be compensated for by varying the laser bias, modulator bias (DC or swing voltage), or bias of a PCE (e.g., voltage variation for a VOA or current variation for an SOA) (column 39 lines 20-23), and “an alternative to the foregoing fifth approach is the use of PCEs 17 in the form of a SOA/VOA or ZOA which has the advantage of being operated either as a SOA (positive bias) and a VOA (negative bias) depending on the power level desired to be achieved in each channel across the modulated source array” (column 42 lines 41-46). And another prior art, Chu et al, discloses an integrated circuit with Mach-Zehnder interferometer (MZI) (e.g., Figures 3A-5A and 7-8 etc.), and “Phase and gain adjustable SOA 64 has at least two bias controls: bias IG1 controls the SOA gain, while bias IP1 controls the phase shift. Likewise, phase and gain adjustable SOA 66 has bias controls IG2 for the SOA gain, and IP2 for the phase shift. The separate gain control is useful for better adjusting optical power levels” ([0074] and claim 12). That is, Nagarajan et al and Chu et al teach/suggest that a first semiconductor optical amplifier and a second semiconductor optical amplifier are biased to provide first and second gains. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the bias mechanism as taught by Nagarajan et al and Chu et al to the claims 9 and 12 of copending Application No. 18/400,542 so that a desired gain or output power can be obtained This is a provisional nonstatutory double patenting rejection. Claims 1-2 and 9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-6 of copending Application No. 18/400,550. Although the claims at issue are not identical, they are not patentably distinct from each other. As can be seen in the following table, claims 1-3 of copending Application No. 18/400,550 contain all the limitations of claims 1-2 of instant application. Claims 1 and 5 of copending Application No. 18/400,550 contain all the limitations of claim 9 of instant application, except that claims 1 and 5 of copending Application No. 18/400,550 do not expressly state that the first modulator and the second modulator are Mach-Zehnder modulators. However, claim 6, which depends from claims 1-2, indicates that the modulator includes a Mach-Zehnder modulator; therefore, the system defined by claim 1 includes a Mach-Zehnder modulator. Therefore, it is obvious to one skilled in the art, that the first and second modulators defined by claims 1 and 5 can be a first and second Mach-Zehnder modulators. The following table illustrates a mapping of the limitations of claims 6-16 of instant application when compared against the limitations of claims 6-16 of copending Application No. 18/400,550. Instant Application 18/400,542 Copending Application 18/400,550 A photonic integrated circuit, comprising: a substrate; a laser provided on the substrate; a modulator provided on the substrate; an optical path provided on the substrate, wherein light output from the laser propagates along the optical path, the optical path including the laser and the modulator, such that the modulator is operable to modulate the light output from the laser to provide a modulated optical signal; and an optical amplifier provided on the substrate, said at least one optical amplifier being included in the optical path, wherein the optical amplifier, the laser, and the modulator are monolithically integrated on the substrate, the optical amplifier being operable to amplify the modulated optical signal. A photonic integrated circuit, comprising: a substrate; a laser provided on the substrate; a transmitter portion that receives a first portion of an optical signal output from the laser, the transmitter portion being provided on the substrate; a first semiconductor optical amplifier provided in the transmitter portion, such that an output of the transmitter portion is greater than an output of the transmitter portion in an absence of the first semiconductor optical amplifier; a receiver portion provided on the substrate, the receiver portion receiving a second portion of the optical signal output from the laser as a local oscillator signal, the receiver portion including a photodiode circuit; and a second semiconductor optical amplifier provided in the receiver portion such that an input to the photodiode circuit is greater than an input to the photodiode circuit in an absence of the second semiconductor optical amplifier, wherein the transmitter portion, the laser, the first and second optical amplifiers, and the receiver portion are monolithically integrated on the substrate. A photonic integrated circuit in accordance with claim 1, wherein the transmitter includes: a modulator provided on the substrate; an optical path provided on the substrate, wherein the first portion of the optical signal output from the laser propagates along an optical path, the optical path including and the modulator, such that the modulator is operable to modulate the optical signal output from the laser to provide the modulated optical signal, wherein the first optical amplifier is included in the optical path. 2. A photonic integrated circuit in accordance with claim 1, wherein the optical amplifier is coupled to an input to the modulator. 3. A photonic integrated circuit in accordance with claim 2, wherein the first semiconductor optical amplifier is provided at an input to the modulator. 9. An apparatus, comprising: a photonic integrated circuit, comprising: a laser operable to provide an optical signal; a splitter operable to receive the optical signal, and provide a first portion of the optical signal at a first output of the splitter and a second portion of the optical signal at a second output of the splitter; a first Mach-Zehnder modulator operable to receive the first portion of the optical signal and supply a first modulated optical signal; a second Mach-Zehnder modulator operable to receive the second portion of the optical signal and supply a second modulated optical signal; a polarization rotator operable to rotate a polarization of the first modulated optical signal; a polarization beam combiner operable having first and second inputs operable to receive the first and second modulated optical signals, respectively, the polarization beam combiner be further operable to combine the polarization rotated first modulated optical signal and the second modulated optical signal onto an optical waveguide; and a semiconductor optical amplifier, wherein the first output of the splitter, the first Mach-Zehnder modulator, and the first input of the polarization beam combiner define a first optical path, and the second output of the splitter, the second Mach-Zehnder modulator, and the second input of the polarization beam combiner define a second optical path, the semiconductor optical amplifier being optically coupled to the first optical path. A photonic integrated circuit, comprising: a substrate; a laser provided on the substrate; a transmitter portion that receives a first portion of an optical signal output from the laser, the transmitter portion being provided on the substrate; a first semiconductor optical amplifier provided in the transmitter portion, such that an output of the transmitter portion is greater than an output of the transmitter portion in an absence of the first semiconductor optical amplifier; a receiver portion provided on the substrate, the receiver portion receiving a second portion of the optical signal output from the laser as a local oscillator signal, the receiver portion including a photodiode circuit; and a second semiconductor optical amplifier provided in the receiver portion such that an input to the photodiode circuit is greater than an input to the photodiode circuit in an absence of the second semiconductor optical amplifier, wherein the transmitter portion, the laser, the first and second optical amplifiers, and the receiver portion are monolithically integrated on the substrate. A photonic integrated circuit in accordance with claim 1, further including: a splitter that receives the first portion of the optical signal output from the laser, the splitter providing, at a first splitter output, a first part of the first portion optical signal, as a first optical part, and a second part of the first portion of the optical signal, at a second splitter output, as a second optical part; a first modulator operable to receive the first optical part and provide a first modulated optical signal; a second modulator operable to receive the second optical part and provide a second modulated optical signal; a rotator operable to rotate a polarization of the second modulated optical signal; and a polarization beam combiner operable to receive, at a first combiner input, the first modulated optical signal and the polarization rotated second modulated optical signal, at a second combiner input, to thereby provide a polarization multiplexed output, wherein the first splitter output, the first modulator and the first combiner input define a first path, and the second splitter output, the second modulator and the second combiner input define a second path, the semiconductor optical amplifier being optically coupled to one of the first path and the second path. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented Claim Objections Claims 7-8 and 1 objected to because of the following informalities: 1). With regard to claim 7, the phrase “A photonic integrated circuit in accordance with 5” should be change to “A photonic integrated circuit in accordance with claim 5”. 2). With regard to claim 8, the phrase “A photonic integrated circuit in accordance with 4” should be change to “A photonic integrated circuit in accordance with claim 4”. 3). With regard to claim 13, the phrase “A photonic integrated circuit in accordance with 9” should be change to “A photonic integrated circuit in accordance with claim 9”. Appropriate correction is required. 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 1-3 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. 1). Claim 1 recites the limitation "said at least one optical amplifier" in line 9. There is insufficient antecedent basis for this limitation in the claim. It seems that the phrase “said at least one optical amplifier” should be changed to "said 2). Claim 2 recites the limitation “wherein the optical amplifier is coupled to an input to the modulator”. However, the claim 1, which the claim 2 depends from, recites “the optical amplifier being operable to amplify the modulated optical signal”; that is, the optical amplifier is coupled to the output of the optical modulator so to amplify the “modulated optical signa”. But, claim 2 requires “the optical amplifier is coupled to an input to the modulator”, which contradicts, and makes unclear, the structural relationship defined in claim 1 (output of modulator, “the modulated optical signal”, to the optical amplifier). This renders the claim scope unclear, and be indefinite for failing to particularly point out and distinctly claim 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(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites the limitation “wherein the optical amplifier is coupled to an input to the modulator”. However, the claim 1, which the claim 2 depends from, recites “the optical amplifier being operable to amplify the modulated optical signal”; that is, the optical amplifier is coupled to the output of the optical modulator. Since the claim 1 clearly indicates that the optical amplifier is coupled to the output of the optical modulator, the claim 2 with the limitation of “the optical amplifier is coupled to an input to the modulator” fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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. Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chin et al (US 2022/0376474). 1). With regard to claim 1, Chin et al discloses a photonic integrated circuit (Figures 6, 10-11,14 and 17 etc.), comprising: a substrate (Figure 6, [0052], “The optical transmitter 100 includes the DFB laser, the EA modulator, and the SOA integrated in this order on a substrate. FIG. 6 illustrates an internal cross section passing through the center of a thickness direction of the optical waveguide, when viewed in a direction perpendicular to a substrate surface (x-z plane)”); a laser (DFB laser 101) provided on the substrate; a modulator (EA modulator 102) provided on the substrate; an optical path provided on the substrate (the optical path from the laser 101 to the semiconductor optical amplifier SOA 103), wherein light output from the laser propagates along the optical path (Figures 6, 10-11,14 and 17 etc.), the optical path including the laser (101) and the modulator (102), such that the modulator is operable to modulate the light output from the laser to provide a modulated optical signal (the output from the modulator 102, also refer claim 1); and an optical amplifier (SOA 103) provided on the substrate, said at least one optical amplifier being included in the optical path (the path from the laser 101 to SOA 103), wherein the optical amplifier, the laser, and the modulator are monolithically integrated on the substrate (Figures 6, 10-11,14 and 17 etc.; and claim 2, “the DFB laser, the EA modulator, and the SOA are monolithically integrated on the substrate, and optical waveguide structures of the DFB laser and the SOA are an identical layer structure”, and [0052] etc.), the optical amplifier being operable to amplify the modulated optical signal (Figures 6, 10-11,14 and 17 etc., the output from the modulator 102 is sent to SOA 103; also refer claim 1). 2). With regard to claim 3, Chin et al discloses a photonic integrated circuit in accordance with claim 1, wherein the substrate includes indium phosphide ([0060]-[0062] etc., “Fe-doped semi-insulating InP layers 104a and 104b were formed on both sides of a mesa by embedding and regrowth. Subsequently, the contact layers between the respective regions were removed by wet etching in order to electrically separate the respective regions of the DFB laser, the EA modulator, and the SOA. Thereafter, a P-side electrode for injecting a current through the contact layer on each region of an upper surface of the InP substrate was formed. Further, a back surface of the InP substrate was polished up to about 150 μm, an electrode was formed on the back surface of the substrate, and a process of manufacturing the integrated circuit on a semiconductor wafer is completed”). Claims 9 and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato (US 2015/0049984). 1). With regard to claim 9, Kato discloses an apparatus (Figure 3A etc.), comprising: a photonic integrated circuit (Figure 3A, [0036] and [0044]), including: a laser (305) operable to provide an optical signal ([0036]); a splitter (the “Splitter” between the Laser and the Modulators 310-1/310-2) operable to receive the optical signal, and provide a first portion of the optical signal at a first output (to Modulator 310-2) of the splitter and a second portion of the optical signal at a second output (to Modulator 310-1) of the splitter; a first Mach-Zehnder modulator (Modulator 310-2) operable to receive the first portion of the optical signal and supply a first modulated optical signal (to SOA 315-2); a second Mach-Zehnder modulator (Modulator 310-1) operable to receive the second portion of the optical signal and supply a second modulated optical signal (to SOA 315-1); a polarization rotator (320) operable to rotate a polarization of the first modulated optical signal (output from the Modulator/SOA 310-2/315-2); a polarization beam combiner (325) operable having first (for input from rotator 320) and second (for input from SOA 315-1) inputs operable to receive the first and second modulated optical signals, respectively, the polarization beam combiner be further operable to combine the polarization rotated first modulated optical signal and the second modulated optical signal (Figure 3A) onto an optical waveguide (the waveguide for the “Output Signal (to Optical Multiplexer 214)”); and a semiconductor optical amplifier (SOA 315-1 or SOA 315-2), wherein the first output of the splitter, the first Mach-Zehnder modulator, and the first input of the polarization beam combiner define a first optical path (first path: Splitter-> Modulator 310-2 -> SOA 315-2 -> Rotator 320 -> PBC 325), and the second output of the splitter, the second Mach-Zehnder modulator, and the second input of the polarization beam combiner define a second optical path (second path: Splitter-> Modulator 310-1 -> SOA 315-1 -> PBC 325), the semiconductor optical amplifier (e.g., SOA 315-2) being optically coupled to the first optical path. 2). With regard to claim 12, Kato discloses wherein the semiconductor optical amplifier (SOA 315-2) is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier (SOA 315-1) being optically coupled to the second optical path (second path: Splitter-> Modulator 310-1 -> SOA 315-1 -> PBC 325). 3). With regard to claim 13, Kato discloses wherein the semiconductor optical amplifier (SOA 315-2) is optically coupled to the first optical path such that the semiconductor optical amplifier receives a modulated optical signal output from the first Mach-Zehnder modulator (Modulator 310-2). 4). With regard to claim 14, Kato discloses a photonic integrated circuit in accordance with claim 9, wherein the semiconductor optical amplifier (SOA 315-2) is a first semiconductor optical amplifier, the photonic integrated circuit further including a second semiconductor optical amplifier (SOA 315-1) being optically coupled to the second optical path (second path: Splitter-> Modulator 310-1 -> SOA 315-1 -> PBC 325), such that the first semiconductor optical amplifier (SOA 315-2) is optically coupled to the first optical path (first path: Splitter-> Modulator 310-2 -> SOA 315-2 -> Rotator 320 -> PBC 325) and receives a first modulated optical signal output from the first Mach-Zehnder modulator (Modulator 310-2), and the second semiconductor optical amplifier (SOA 315-1) is optically coupled to the second optical path (second path: Splitter-> Modulator 310-1 -> SOA 315-1 -> PBC 325) and receives a second modulated optical signal output from the second Mach- Zehnder modulator (Modulator 310-1). 5). With regard to claim 15, Kato discloses an apparatus in accordance with claim 9, further including a substrate (302 in Figure 3), wherein the laser, the splitter, first and second Mach-Zehnder modulators, and the semiconductor optical amplifier are monolithically integrated on the substrate ([0036], “As shown in FIG. 3A, optical transmitter 212 may include substrate 302, laser 305, modulators 310-1 and 310-2 (referred to generally as modulators 310), SOAs 315-1 and 315-2 (referred to generally as SOA 315), rotator 320, and/or polarization beam combiner (PBC) 325. In some implementations, laser 305, modulators 310-1 and 310-2, SOAs 315-1 and 315-2, and/or rotator 320 may be provided on substrate 302”). 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al (US 2022/0376474) in view of Osenbach et al (US 2018/0351684). Chin et al discloses all of the subject matter as applied to claim 1 above. But, Chin et al does not expressly disclose wherein the optical amplifier is coupled to an input to the modulator (also refer to 112 rejections above). However, to implement an optical amplifier before a modulator is well-known in the art. E.g., Osenbach et al discloses a photonic integrated circuit (e.g., Figure 2C; also refer to Figures 2A-2B, [0060]), an optical amplifier (SOA at the left side of IQ MZM) is coupled to an input to a modulator (IQ MZM) so to provide sufficient power is provided to the modulator ([0060]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply an amplifier before the modulator as taught by Osenbach et al to the system/method of Chin et al so that a sufficient optical power is provided to the modulator, and a desired output power is obtained. Claims 4-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Parker et al (US 2024/0079849) in view of Blumenthal (US 2015/0333475). 1). With regard to claim 4, Parker et al discloses a photonic integrated circuit (PIC 400, Figure 4), comprising: a substrate (Figure 4 is a photonic integrated circuit, it is obvious to one skilled in the art that the components shown in Figure 4 are implemented on a substrate. Also Figure 6 is for “some example embodiments”, and substrate is used to the PIC); a Mach-Zehnder modulator (MZI modulator 402) provided on the substrate, the Mach-Zehnder modulator including: a splitter (1x2 splitter 405) having an input (for “INPUT”) and first (to MOD 410) and second (to MOD 415) outputs, a combiner (2x1 coupler 445) having an output (to “OUTPUT”) and first (connected to the phase adjuster/heater 435) and second (connected to the phase adjuster/heater 440) inputs, a semiconductor optical amplifier (e.g., SOA 425) optically coupled between the first output of the splitter and the first input of the combiner (Figure 4). In Figure 4, Parker et al does not expressly show the substrate. However, as discussed above, since device shown in Figure 4 is a photonic integrated circuit, it is obvious to one skilled in the art that the components shown in Figure 4 are integrated on a substrate; and Parker et al also discloses that Figure 6 is for “some example embodiments”, and substrate is used to the PIC ([0028]-[0032]). Another prior art, Blumenthal, discloses a similar system (Figures 8 and 10C etc.), “Referring now to FIGS. 8A, 8B, and 8C, various embodiments of the integrated dual emission laser 102 are shown” ([0059]); and “Integration of a tunable laser onto a common substrate with a MZM optical data modulator and semiconductor optical amplifier is well known in the art. There have been multiple embodiments of wavelength tunable lasers with Mach-Zehnder Modulators and semiconductor optical amplifiers” ([0093]). As shown in Figure 8B, Blumenthal discloses that the integrated circuit has laser (102 or laser gain 130), a Mach-Zehnder modulator (Figure 8B is a Mach-Zehnder modulator, MZM, system, also refer to the title, [0041] and [0059]) including a splitter (160) having an input and first and second outputs (to 126 and 128), a combiner (142) having an output (to “OUTPUT”) and first and second inputs (connected to modulators 144 and 146), an optical amplifier (optical amplifier gain section 118 or 120, [0049]. And Blumenthal also discloses that the gain section can be a SOA, [0068] and [0098]) optically coupled between the first output of the splitter and the first input of the combiner (Figure 8B); and “FIG. 10C is an image of a complete fabricated transmitter consisting of a TIR mirror based U-laser, a MZM with DC Bias and Modulator Data and Data_Bar electrodes, phase bias and gain sections connected to both laser emission outputs and both MZM inputs, and two output waveguides, one for connection to external optical components including the fiber and the other with a power monitor electrode as illustrated in FIG. 7. It should be noted that the length of the MZM modulator is much shorter than the prior art that uses an input splitter and the bending losses associated with the input splitter as well as the extra waveguide length significantly reduces the overall modulator loss” ([0094]); and “[a] monolithic integrated optical transmitter comprising: a monolithically integrated laser, modulator and supporting monitoring and control elements positioned on a mono-crystalline substrate, wherein the mono-crystalline substrate comprises a material selected from a group consisting of InP, InGaAsP, InGaP, GaAs, InGaAs, and Si.” (claim 24). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Blumenthal with Parker et al so to integrate a light source, Mach-Zehnder modulator and amplifier etc. on a common substrate to form a monolithically integrated photonic circuit, and a compact device can be obtained. 2). With regard to claim 5, Parker et al and Blumenthal disclose all of the subject matter as applied to claim 4 above. And the combination of Parker et al and Blumenthal further discloses wherein the semiconductor optical amplifier is a first semiconductor optical amplifier (Parker: 425 in Figure 4; Blumenthal: 118 in Figure 8B), the photonic integrated circuit further including: a second semiconductor optical amplifier (Parker: 430 in Figure 4; Blumenthal: 120 in Figure 8B) optically coupled between the second output of the splitter and the second input of the combiner. 3). With regard to claim 7, Parker et al and Blumenthal disclose all of the subject matter as applied to claims 4-5 above. And the combination of Parker et al and Blumenthal further discloses wherein the first and second semiconductor optical amplifiers are further operable to adjust an amplitude of the light output from the laser (an amplifier or gain section is used to adjust an amplitude of the light, output from the laser 130, in the MZM. And in Figure 8B of Blumenthal: amplitudes of two output optical emissions 104, 106, output from laser 102 are adjusted by the two amplifier gain sections 118 and 120). 4). With regard to claim 8, Parker et al and Blumenthal disclose all of the subject matter as applied to claim 4 above. And the combination of Parker et al and Blumenthal further discloses wherein the first and second semiconductor optical amplifiers are further operable to adjust an amplitude of the light output from the laser (an amplifier or gain section is used to adjust an amplitude of the light, output from the laser 130, in the MZM. And in Figure 8B of Blumenthal: amplitudes of two output optical emissions 104, 106, output from laser 102 are adjusted by the two amplifier gain sections 118 and 120). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al and Blumenthal as applied to claim 4 above, and further in view of Zheng et al (US 2013/0016423) and Lee et al (US 2005/0047797). Parker et al and Blumenthal disclose all of the subject matter as applied to claims 4-5 above. And the combination of Parker et al and Blumenthal further discloses a photonic integrated circuit in accordance with claim 5, further including a laser (e.g., Blumenthal: laser gain sections 130). But, Parker et al and Blumenthal do not expressly disclose wherein the first and second semiconductor optical amplifiers are operable to adjust a phase of the light output from the laser. However, it is common in the art that the phase difference between two arms of a Mach-Zehnder modulator (MZM) needs to be controlled to a desired value so that a desired output from the MZM can be obtained. E.g., Zheng et al discloses that a SOA can be used to adjust a phase of an optical signal ([0013] and claim 9, “adjust a phase of the optical signal by injecting current into the SOA to change an index of refraction”). Zheng does not expressly show the mechanism of the injecting current. Another prior art, Lee et al, discloses a similar mechanism (claims 4 and 8, “a modulation index of the at least one SOA is adapted for adjustment so as to change phase characteristics of the optical signal”) to change a phase of a SOA (Figures 4 and 7-8 etc.; current driving circuit is shown in these figures), that is, Lee et al teaches to use an optical amplifier (SOA) to adjust a phase of the light output from a laser (101, 201 or 301). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use an amplifier as a phase shifter as taught by Zheng et al and Lee et al in the system/method of Parker et al and Blumenthal so that a desired optical power level and phase value can be obtained after the optical amplifier. Claims 10-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2015/0049984) in view of Hong et al (US 2021/0006044). 1). With regard to claims 10 and 16, Kato discloses all of the subject matter as applied to claim 9 above. But, Kato does not expressly disclose wherein the semiconductor optical amplifier is provided at an output of the polarization beam combiner (claim 10), or wherein the semiconductor optical amplifier is provided at an input to the splitter (CLAIM 16). However, to implement an optical amplifier to an input of two MZMs or output of two MZMs, or to both an input and output of two MZMs, are known in the art. E.g., Hong et al discloses a photonic integrated circuits (PIC), in particular semiconductor optical amplifiers (SOA) integrated into silicon photonic devices. As shown in Figure 12, Hong et al discloses a photonic integrated circuit, comprising: a laser (1208) operable to provide an optical signal; a splitter (the splitter between the SOA 1204 and the two modulators 1220) operable to receive the optical signal, and provide a first portion of the optical signal at a first output of the splitter (to the bottom IQ modulator 1220) and a second portion of the optical signal at a second output of the splitter (to the top IQ modulator 1220); a first Mach-Zehnder modulator (the bottom IQ modulator 1220) operable to receive the first portion of the optical signal and supply a first modulated optical signal; a second Mach-Zehnder modulator (the top IQ modulator 1220) operable to receive the second portion of the optical signal and supply a second modulated optical signal; a polarization rotator (1228) operable to rotate a polarization of the first modulated optical signal; a polarization beam combiner (1230) operable having first and second inputs operable to receive the first and second modulated optical signals, respectively, the polarization beam combiner be further operable to combine the polarization rotated first modulated optical signal and the second modulated optical signal onto an optical waveguide (the waveguide with SOA 1226 and “OUTPUT”); and a semiconductor optical amplifier (SOA 1224), wherein the first output of the splitter, the first Mach-Zehnder modulator, and the first input of the polarization beam combiner define a first optical path (splitter -> bottom IQ modulator -> SOA 1224 -> Pol Rotator 1228 -> Pol Combiner 1230), and the second output of the splitter, the second Mach-Zehnder modulator, and the second input of the polarization beam combiner define a second optical path (splitter -> top IQ modulator -> SOA 1222 -> Pol Combiner 1230), the semiconductor optical amplifier (1224) being optically coupled to the first optical path. And Hong et al also discloses an semiconductor optical amplifier (SOA 1226) can be provided at an output of the polarization beam combiner, and an semiconductor optical amplifier (SOA 1204) can be provided at an input to the splitter. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Hong et al to the system/method of Kato so that a desired optical power can be sent to the MZMs, and/or a desired optical output power can be obtained after the polarization combiner. 2). With regard to claim 11, Kato and Hong et al disclose all of the subject matter as applied to claims 9-10 above. And the combination of Kato and Hong et al further discloses wherein the semiconductor optical amplifier is polarization insensitive (Hong: Figure 12, [0069], the SOA 1226 is a polarization independent, or polarization insensitive, SOA. Also refer to claim 8, dual polarization SOA or polarization insensitive SOA is used to amplify both TE and TM modes, [0057]-[0060]). Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Parker et al and Blumenthal as applied to claims 4-5 above, and further in view of Hayashi et al (US 2017/0244491). Parker et al and Blumenthal disclose all of the subject matter as applied to claims 4-5 above. But, Parker et al and Blumenthal do not expressly disclose wherein the first semiconductor optical amplifier provides a first variable gain and the second semiconductor optical amplifier provides a second variable gain. However, it is common for a SOA to provide a variable gain so that a desired output power level can be obtained. E.g., Hayashi et al discloses an integrated circuit ([0010], [0028], [0047] “the first and second optical modulators and the first and second semiconductor optical amplifiers are integrated on the same substrate, allowing for a reduction in size and power consumption of the optical transmitter” and “the first optical modulator 101, the second optical modulator 102, the first SOA 201, and the second SOA 202 are integrated on the same substrate in the optical transmitter in the first preferred embodiment, allowing for a reduction in size and power consumption of the optical transmitter”); and as shown in Figures 1, 3, 5 and 8 etc., the semiconductor optical amplifier (201, 202 etc.) provides a variable gain ([0040]-[0041] [0047], [0069], [0076]-[0085] etc., “the controller 206 repeatedly performs feedback control on the detection value to adjust the gain so as to bring the detection value closer to the target value”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Hayachi et al to the system/method of Parker et al and Blumenthal so that variable gain SOAs are used in the system/method, and desired output power levels from the SOAs can be controlled/adjusted. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al (US 2022/0376474) in view of Hayashi et al (US 2017/0244491). Chin et al discloses all of the subject matter as applied to claim 1 above. But, Chin et al does not expressly disclose wherein the semiconductor optical amplifier provides a variable gain. However, it is common for a SOA to provide a variable gain so that a desired output power level can be obtained. E.g., Hayashi et al discloses an integrated circuit ([0010], [0028], [0047] “the first and second optical modulators and the first and second semiconductor optical amplifiers are integrated on the same substrate, allowing for a reduction in size and power consumption of the optical transmitter” and “the first optical modulator 101, the second optical modulator 102, the first SOA 201, and the second SOA 202 are integrated on the same substrate in the optical transmitter in the first preferred embodiment, allowing for a reduction in size and power consumption of the optical transmitter”); and as shown in Figures 1, 3, 5 and 8 etc., the semiconductor optical amplifier (201, 202 etc.) provides a variable gain ([0040]-[0041] [0047], [0069], [0076]-[0085] etc., “the controller 206 repeatedly performs feedback control on the detection value to adjust the gain so as to bring the detection value closer to the target value”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Hayachi et al to the system/method of Chin et al so that a variable gain SOA is used in the system/method, and a desired output power level from the SOA can be controlled/adjusted. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2015/0049984) in view of Hayashi et al (US 2017/0244491) Kato et al discloses all of the subject matter as applied to claim 9 above. But, Kato et al does not expressly disclose wherein the semiconductor optical amplifier provides a variable gain. However, it is common for a SOA to provide a variable gain so that a desired output power level can be obtained. E.g., Hayashi et al discloses an integrated circuit ([0010], [0028], [0047] “the first and second optical modulators and the first and second semiconductor optical amplifiers are integrated on the same substrate, allowing for a reduction in size and power consumption of the optical transmitter” and “the first optical modulator 101, the second optical modulator 102, the first SOA 201, and the second SOA 202 are integrated on the same substrate in the optical transmitter in the first preferred embodiment, allowing for a reduction in size and power consumption of the optical transmitter”); and as shown in Figures 1, 3, 5 and 8 etc., the semiconductor optical amplifier (201, 202 etc.) provides a variable gain ([0040]-[0041] [0047], [0069], [0076]-[0085] etc., “the controller 206 repeatedly performs feedback control on the detection value to adjust the gain so as to bring the detection value closer to the target value”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the teachings of Hayachi et al to the system/method of Kato et al so that a variable gain SOA is used in the system/method, and a desired output power level from the SOA can be controlled/adjusted. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kato (US 2015/0049984) in view of Nagarajan et al (US 9,372,306) and Chu et al (US 2003/0002797). Kato et al discloses all of the subject matter as applied to claims 9 and 12 above. But, Kato et al does not expressly disclose wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier are biased to provide first and second gains, respectively. However, it is common to provide current/voltage to bias a SOA so to obtain desired gain. E.g., Nagarajan et al discloses andtransmitter photonic integrated circuit (Figures 1 and 13 etc.), and “In SOA elements, more forward bias would be made higher to achieve more power” (column 38 lines 17-18), “the power may be compensated for by varying the laser bias, modulator bias (DC or swing voltage), or bias of a PCE (e.g., voltage variation for a VOA or current variation for an SOA) (column 39 lines 20-23), and “an alternative to the foregoing fifth approach is the use of PCEs 17 in the form of a SOA/VOA or ZOA which has the advantage of being operated either as a SOA (positive bias) and a VOA (negative bias) depending on the power level desired to be achieved in each channel across the modulated source array” (column 42 lines 41-46). And another prior art, Chu et al, discloses an integrated circuit with Mach-Zehnder interferometer (MZI) (e.g., Figures 3A-5A and 7-8 etc.), and “Phase and gain adjustable SOA 64 has at least two bias controls: bias IG1 controls the SOA gain, while bias IP1 controls the phase shift. Likewise, phase and gain adjustable SOA 66 has bias controls IG2 for the SOA gain, and IP2 for the phase shift. The separate gain control is useful for better adjusting optical power levels” ([0074] and claim 12). That is, Nagarajan et al and Chu et al teach/suggest that a first semiconductor optical amplifier and a second semiconductor optical amplifier are biased to provide first and second gains. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the bias mechanism as taught by Nagarajan et al and Chu et al to the system/method of Kato et al so that a desired gain or output power can be obtained. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20240291566 A1 US 20240288749 A1 US 20230231632 A1 US 20190342010 A1 US 20170244491 A1 US 20110150471 A1 US 20090245795 A1 US 20040013353 A1 Any inquiry concerning this communication or earlier communications from the examiner should be directed to LI LIU whose telephone number is (571)270-1084. The examiner can normally be reached 9 am - 8 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, Kenneth Vanderpuye can be reached at (571)272-3078. 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. /LI LIU/Primary Examiner, Art Unit 2634 February 3, 2026
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Prosecution Timeline

Dec 29, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection — §101, §102, §103 (current)

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