Prosecution Insights
Last updated: April 19, 2026
Application No. 18/400,572

PHOTONIC INTEGRATED CIRCUIT INCLUDING SEMICONDUCTOR OPTICAL AMPLIFIERS

Non-Final OA §103§DP
Filed
Dec 29, 2023
Examiner
SINGH, DALZID E
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Infinera Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
797 granted / 874 resolved
+29.2% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
19 currently pending
Career history
893
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
40.5%
+0.5% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 874 resolved cases

Office Action

§103 §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 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 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of copending Application No. 18/400,559 (US Pub. No. 20240288632 A1) in view of Tanaka et al (US Pub. No. 2020/0213011 A1). The following table illustrates a mapping of the limitations of claims of the present application when compared against the limitations of claims of copending Application No. 18/400,559. Claim 1 of Present Application Claims of U.S. Application No. 18/400,559 1. A photonic integrate circuit, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry operable to receive a second plurality of mixing products output from the second optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the splitter; and a control circuit operable to control a gain of the semiconductor optical amplifier, wherein the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 2. An apparatus, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry plurality of photodiodes operable to receive a second plurality of mixing products output from the first optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the first optical hybrid circuitry; and a control circuit operable to control a gain of the semiconductor optical amplifier, wherein the first output of the splitter, the first waveguide and the first optical hybrid circuitry define a first optical path that terminates at the first photodiode circuitry, the second output of the splitter, the second waveguide and the second optical hybrid circuitry define a second optical path that terminates at the second photodiode circuitry, the semiconductor optical amplifier being optically coupled to the first optical path, and the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 3. An apparatus in accordance with claim 2, further including: a polarization beam splitter operable to receive the modulated optical signal, wherein the modulated optical signal includes a first component having a first polarization and a second component having a second polarization, the polarization beam splitter having a first splitter output operable to provide the first component as the first modulated optical signal and a second splitter output operable to provide the second component; a polarization rotator operable to receive the second component and output the second component with the first polarization, the second component with the first polarization being the second modulated optical signal. 4. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second optical path. 5. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifiers is coupled between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit. 6. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier operates as a first variable optical attenuator and the second semiconductor optical amplifier operates as a second variable optical attenuator. 7. An apparatus in accordance with claim 1, wherein the semiconductor optical amplifier operates as an optical attenuator. 8. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier operates as an optical attenuator. 9. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier operate as first optical attenuator and a second optical attenuator, respectively. 10. A an apparatus in accordance with claim 2, wherein the semiconductor optical amplifier amplifies the optical signal output from the local oscillator laser. 11. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second waveguide to amplify the second modulated optical signal. 12. An apparatus in accordance with claim 11, wherein the first and second semiconductor optical amplifiers are provided off the substrate. 13. An apparatus in accordance with claim 2, further including: an input waveguide provided on the substrate; a polarization beam splitter, the polarization beam splitter receiving an input composite signal including the first modulated optical signal having the first polarization and the second modulated optical signal having the second polarization, the polarization beam splitter supplying the first modulated optical signal at a first splitter output and the second modulated optical signal at a second splitter output. 14. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. 15. A photonic integrated circuit in accordance with claim 1, wherein the semiconductor optical amplifier is operable to provide a variable gain. 16. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is operable to provide a variable gain. 17. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. 1. A photonic integrate circuit, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry operable to receive a second plurality of mixing products output from the second optical hybrid circuitry; and a semiconductor optical amplifier optically coupled between the local oscillator laser and the splitter, wherein the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 2. An apparatus, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry plurality of photodiodes operable to receive a second plurality of mixing products output from the first optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the first optical hybrid circuitry; and wherein the first output of the splitter, the first waveguide and the first optical hybrid circuitry define a first optical path that terminates at the first photodiode circuitry, the second output of the splitter, the second waveguide and the second optical hybrid circuitry define a second optical path that terminates at the second photodiode circuitry, the semiconductor optical amplifier being optically coupled to the first optical path, and the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 3. An apparatus in accordance with claim 2, further including: a polarization beam splitter operable to receive the modulated optical signal, wherein the modulated optical signal includes a first component having a first polarization and a second component having a second polarization, the polarization beam splitter having a first splitter output operable to provide the first component as the first modulated optical signal and a second splitter output operable to provide the second component; a polarization rotator operable to receive the second component and output the second component with the first polarization, the second component with the first polarization being the second modulated optical signal. 4. An apparatus in accordance with claim 2, wherein the optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second optical path. 5. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifiers is coupled between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit. 6. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier operates as a first variable optical attenuator and the second semiconductor optical amplifier operates as a second variable optical attenuator. 7. An apparatus in accordance with claim 1, wherein the semiconductor optical amplifier operates as an optical attenuator. 8. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier operates as an optical attenuator. 9. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier operate as first optical attenuator and a second optical attenuator, respectively. 10. A an apparatus in accordance with claim 2, wherein the semiconductor optical amplifier amplifies the optical signal output from the local oscillator laser. 11. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second waveguide to amplify the second modulated optical signal. 12. An apparatus in accordance with claim 11, wherein the first and second semiconductor optical amplifiers are provided off the substrate. 13. An apparatus in accordance with claim 2, further including: an input waveguide provided on the substrate; a polarization beam splitter, the polarization beam splitter receiving an input composite signal including the first modulated optical signal having the first polarization and the second modulated optical signal having the second polarization, the polarization beam splitter supplying the first modulated optical signal at a first splitter output and the second modulated optical signal at a second splitter output. 14. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. 15. An apparatus in accordance with claim 1, wherein the semiconductor optical amplifier is operable to provide a variable gain. 16. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is operable to provide a variable gain. 17. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. Copending Application No. 18/400,559 teaches semiconductor optical amplifier, as discussed above, and differs from the claimed invention in that copending Application No. 18/400,559 does not specifically teach a control circuit operable to control a gain of the semiconductor optical amplifier. Tanaka et al teaches optical receiver comprising a control circuit operable to control a gain of the semiconductor optical amplifier (shown on Fig. 1 and para [0104]; “…the drive current for the SOA 32 is variably controlled such that gain saturation does not occur, and when the lower limit value of the drive current is reached,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art to modify the SOA of copending Application No. 18/400,559 by providing a control circuit operable to control a gain of the semiconductor optical amplifier in order to optimize signal quality and reduce noise. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-33 of copending Application No. 18/400,542 (US Pub. No. 20240291568 A1) in view of Tanaka et al (US Pub. No. 2020/0213011 A1). The following table illustrates a mapping of the limitations of claims of the present application when compared against the limitations of claims of copending Application No. 18/400,542. Claim 1 of Present Application Claims of U.S. Application No. 18/400,542 1. A photonic integrate circuit, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry operable to receive a second plurality of mixing products output from the second optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the splitter; and a control circuit operable to control a gain of the semiconductor optical amplifier, wherein the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 2. An apparatus, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry plurality of photodiodes operable to receive a second plurality of mixing products output from the first optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the first optical hybrid circuitry; and a control circuit operable to control a gain of the semiconductor optical amplifier, wherein the first output of the splitter, the first waveguide and the first optical hybrid circuitry define a first optical path that terminates at the first photodiode circuitry, the second output of the splitter, the second waveguide and the second optical hybrid circuitry define a second optical path that terminates at the second photodiode circuitry, the semiconductor optical amplifier being optically coupled to the first optical path, and the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 3. An apparatus in accordance with claim 2, further including: a polarization beam splitter operable to receive the modulated optical signal, wherein the modulated optical signal includes a first component having a first polarization and a second component having a second polarization, the polarization beam splitter having a first splitter output operable to provide the first component as the first modulated optical signal and a second splitter output operable to provide the second component; a polarization rotator operable to receive the second component and output the second component with the first polarization, the second component with the first polarization being the second modulated optical signal. 4. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second optical path. 5. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifiers is coupled between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit. 6. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier operates as a first variable optical attenuator and the second semiconductor optical amplifier operates as a second variable optical attenuator. 7. An apparatus in accordance with claim 1, wherein the semiconductor optical amplifier operates as an optical attenuator. 8. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier operates as an optical attenuator. 9. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier operate as first optical attenuator and a second optical attenuator, respectively. 10. A an apparatus in accordance with claim 2, wherein the semiconductor optical amplifier amplifies the optical signal output from the local oscillator laser. 11. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second waveguide to amplify the second modulated optical signal. 12. An apparatus in accordance with claim 11, wherein the first and second semiconductor optical amplifiers are provided off the substrate. 13. An apparatus in accordance with claim 2, further including: an input waveguide provided on the substrate; a polarization beam splitter, the polarization beam splitter receiving an input composite signal including the first modulated optical signal having the first polarization and the second modulated optical signal having the second polarization, the polarization beam splitter supplying the first modulated optical signal at a first splitter output and the second modulated optical signal at a second splitter output. 14. An apparatus in accordance with claim 5, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. 15. A photonic integrated circuit in accordance with claim 1, wherein the semiconductor optical amplifier is operable to provide a variable gain. 16. An apparatus in accordance with claim 2, wherein the semiconductor optical amplifier is operable to provide a variable gain. 17. An apparatus in accordance with claim 4, wherein the first semiconductor optical amplifier is operable to provide a first variable gain and the second semiconductor optical amplifier is operable to provide a second variable gain. 17. A photonic integrate circuit, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry operable to receive a second plurality of mixing products output from the second optical hybrid circuitry; and a semiconductor optical amplifier optically coupled between the local oscillator laser and the splitter, wherein the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 18. An apparatus, comprising: a substrate; a local oscillator laser supplying an optical signal; a splitter having a first output that provides a first portion of the optical signal and a second output that provides a second portion of the optical signal; a first waveguide; a second waveguide; first optical hybrid circuitry operable to receive the first portion of the optical signal and a first modulated optical signal carried by the first waveguide; second optical hybrid circuitry operable to receive the second portion of the optical signal and a second modulated optical signal carried by the second waveguide; first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry; second photodiode circuitry plurality of photodiodes operable to receive a second plurality of mixing products output from the first optical hybrid circuitry; a semiconductor optical amplifier optically coupled between the local oscillator laser and the first optical hybrid circuitry; and wherein the first output of the splitter, the first waveguide and the first optical hybrid circuitry define a first optical path that terminates at the first photodiode circuitry, the second output of the splitter, the second waveguide and the second optical hybrid circuitry define a second optical path that terminates at the second photodiode circuitry, the semiconductor optical amplifier being optically coupled to the first optical path, and the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate. 19. A photonic integrated circuit in accordance with claim 18, further including: a polarization beam splitter operable to receive the modulated optical signal, wherein the modulated optical signal includes a first component having a first polarization and a second component having a second polarization, the polarization beam splitter having a first splitter output operable to provide the first component as the first modulated optical signal and a second splitter output operable to provide the second component; a polarization rotator operable to receive the second component and output the second component with the first polarization, the second component with the first polarization being the second modulated optical signal. 20. An apparatus in accordance with claim 18, wherein the optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second optical path. 21. An apparatus in accordance with claim 20, wherein the first semiconductor optical amplifier is coupled between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit. 22. An apparatus in accordance with claim 21, wherein the first semiconductor optical amplifier is biased to operate as a first variable optical attenuator and the second semiconductor optical amplifier is biased to operate as a second variable optical attenuator. 23. An apparatus in accordance with claim 17, wherein the semiconductor optical amplifier is biased to operate as an optical attenuator. 24. An apparatus in accordance with claim 18, wherein the semiconductor optical amplifier is biased to operate as an optical attenuator. 25. An apparatus in accordance with claim 20, wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier are biased to operate as first optical attenuator and a second optical attenuator, respectively. 26. A an apparatus in accordance with claim 18, wherein the semiconductor optical amplifier amplifies the optical signal output from the local oscillator laser. 27. An apparatus in accordance with claim 18, wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second waveguide to amplify the second modulated optical signal. 28. An apparatus in accordance with claim 27, wherein the first and second semiconductor optical amplifiers are provided off the substrate. 29. An apparatus in accordance with claim 18, further including: an input waveguide provided on the substrate; a polarization beam splitter provided on the substrate, the polarization beam splitter receiving an input composite signal including the first modulated optical signal having the first polarization and the second modulated optical signal having the second polarization, the polarization beam splitter supplying the first modulated optical signal at a first splitter output and the second modulated optical signal at a second splitter output. 30. An apparatus in accordance with claim 21, wherein the first semiconductor optical amplifier provides a first variable gain and the second semiconductor optical amplifier provides a second variable gain. 31. An apparatus in accordance with claim 17, wherein the semiconductor optical amplifier provides a variable gain. 32. An apparatus in accordance with claim 18, wherein the semiconductor optical amplifier provides a variable gain. 33. An apparatus in accordance with claim 20, wherein the first semiconductor optical amplifier and the second semiconductor optical amplifier are biased to provide first and second gains, respectively. Copending Application No. 18/400,542 teaches semiconductor optical amplifier, as discussed above, and differs from the claimed invention in that copending Application No. 18/400,542 does not specifically teach a control circuit operable to control a gain of the semiconductor optical amplifier. Tanaka et al teaches optical receiver comprising a control circuit operable to control a gain of the semiconductor optical amplifier (shown on Fig. 1 and para [0104]; “…the drive current for the SOA 32 is variably controlled such that gain saturation does not occur, and when the lower limit value of the drive current is reached,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art to modify the SOA of copending Application No. 18/400,542 by providing a control circuit operable to control a gain of the semiconductor optical amplifier in order to optimize signal quality and reduce noise. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nagarajan et al (US Pub No. 2010/0322631 A1) in view of Tanaka et al (US Pub. No. 2020/0213011 A1). Regarding claim 1, Nagarajan et al teaches a photonic integrate circuit (shown on Figs. 14c and 14e), comprising: a substrate (para [0017]; “A coherent optical receiver circuit is disclosed in which various components of the optical receiver may be provided or integrated, in one example, on a common substrate.”); a local oscillator laser supplying an optical signal (para [0055]; “One such local oscillator is shown including laser LOλ1, which outputs light at wavelength λ1. LOλ1 may include a photonic bandgap laser, such as a distributed feedback (DFB) laser.”); a splitter having a first output that provides a first portion of the optical signal (TE’ λ1) and a second output that provides a second portion of the optical signal (TE λ1) (para [0053]; “… shown in FIG. 14b, optical signals TM WDM and TE WDM are output from first and second outputs, respectively, from the PBS.”); a first waveguide (waveguide carrying first optical signal (TE’ λ1) is considered as first waveguide); a second waveguide (waveguide carrying second optical signal (TE λ1) is considered as second waveguide); first optical hybrid circuitry (1498) operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide (para [0053]; “…each of the polarized optical signals in TE WDM and TM WDM (and TE' WDM) may be modulated…”; para [0055]; “A first output of coupler C supplies a first portion of the light from local oscillator LOλ1 to a first MMI coupler 1498…”); second optical hybrid circuitry (1499) operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide (para [0053]; “…each of the polarized optical signals in TE WDM and TM WDM (and TE' WDM) may be modulated…”; para [0055]; “…a second output of coupler C supplies a second portion of the light from local oscillator LOλ1 to a second MMI coupler 1499.”); first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry (para [0050]; “Photodiodes PDs convert the received optical output from optical hybrid circuits OHCs to corresponding electrical signals. Photodiodes PDs may be arranged in pairs, such as PD1 and PD2, and connected to one another in a balanced configuration.”; shown on Fig. 14c, PDs arrangement coupled to 1498 are considered as first photodiode circuitry); second photodiode circuitry operable to receive a second plurality of mixing products output from the second optical hybrid circuitry (para [0050]; “Photodiodes PDs convert the received optical output from optical hybrid circuits OHCs to corresponding electrical signals. Photodiodes PDs may be arranged in pairs, such as PD1 and PD2, and connected to one another in a balanced configuration.”; shown on Fig. 14c, PDs arrangement coupled to 1499 are considered as first photodiode circuitry); a semiconductor optical amplifier (Fig. 14e: 1439) optically coupled between the local oscillator laser and the splitter (para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided at the inputs to polarizers P2 and P3. SOAs 1437 and 1439 primarily amplifier TE polarized light.”); and wherein the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate (para [0062]; “…the circuitry shown in FIG. 14e may be integrated on a common substrate, such as substrate 110.”). Nagarajan et al teaches semiconductor optical amplifier, as discussed above, and differs from the claimed invention in that Nagarajan et al does not specifically teach a control circuit operable to control a gain of the semiconductor optical amplifier. Tanaka et al teaches optical receiver comprising a control circuit operable to control a gain of the semiconductor optical amplifier (shown on Fig. 1 and para [0104]; “…the drive current for the SOA 32 is variably controlled such that gain saturation does not occur, and when the lower limit value of the drive current is reached,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the SOA of Nagarajan et al by providing a control circuit operable to control a gain of the semiconductor optical amplifier in order to optimize signal quality and reduce noise. Regarding claim 2, Nagarajan et al teaches an apparatus (shown on Figs. 14c and 14e), comprising: a substrate (para [0017]; “A coherent optical receiver circuit is disclosed in which various components of the optical receiver may be provided or integrated, in one example, on a common substrate.”); a local oscillator laser supplying an optical signal (para [0055]; “One such local oscillator is shown including laser LOλ1, which outputs light at wavelength λ1. LOλ1 may include a photonic bandgap laser, such as a distributed feedback (DFB) laser.”); a splitter having a first output that provides a first portion of the optical signal (TE’ λ1) and a second output that provides a second portion of the optical signal (TE λ1) (para [0053]; “… shown in FIG. 14b, optical signals TM WDM and TE WDM are output from first and second outputs, respectively, from the PBS.”); a first waveguide (waveguide carrying first optical signal (TE’ λ1) is considered as first waveguide); a second waveguide (waveguide carrying second optical signal (TE λ1) is considered as second waveguide); first optical hybrid circuitry (1498) operable to receive the first portion of the optical signal and a first portion of a modulated optical signal carried by the first waveguide (para [0053]; “…each of the polarized optical signals in TE WDM and TM WDM (and TE' WDM) may be modulated…”; para [0055]; “A first output of coupler C supplies a first portion of the light from local oscillator LOλ1 to a first MMI coupler 1498…”); second optical hybrid circuitry (1499) operable to receive the second portion of the optical signal and a second portion of a modulated optical signal carried by the second waveguide (para [0053]; “…each of the polarized optical signals in TE WDM and TM WDM (and TE' WDM) may be modulated…”; para [0055]; “…a second output of coupler C supplies a second portion of the light from local oscillator LOλ1 to a second MMI coupler 1499.”); first photodiode circuitry operable to receive a first plurality of mixing products output from the first optical hybrid circuitry (para [0050]; “Photodiodes PDs convert the received optical output from optical hybrid circuits OHCs to corresponding electrical signals. Photodiodes PDs may be arranged in pairs, such as PD1 and PD2, and connected to one another in a balanced configuration.”; shown on Fig. 14c, first PD arrangement coupled to 1498 are considered as first photodiode circuitry); second photodiode circuitry operable to receive a second plurality of mixing products output from the first optical hybrid circuitry (para [0050]; “Photodiodes PDs convert the received optical output from optical hybrid circuits OHCs to corresponding electrical signals. Photodiodes PDs may be arranged in pairs, such as PD1 and PD2, and connected to one another in a balanced configuration.”; shown on Fig. 14c, second PD arrangement coupled to 1498 are considered as second photodiode circuitry); a semiconductor optical amplifier (Fig. 14e: 1439) optically coupled between the local oscillator laser and the splitter (para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided at the inputs to polarizers P2 and P3. SOAs 1437 and 1439 primarily amplifier TE polarized light.”); wherein the first output of the splitter, the first waveguide and the first optical hybrid circuitry define a first optical path that terminates at the first photodiode circuitry (as discussed above and shown on Fig. 14e; the circuit can be divided into first optical path and second optical path); the second output of the splitter, the second waveguide and the second optical hybrid circuitry define a second optical path that terminates at the second photodiode circuitry (as discussed above and shown on Fig. 14e; the circuit can be divided into first optical path and second optical path); and, the local oscillator laser, the first and second waveguides, the first and second optical hybrid circuitry, the first and second photodiode circuitry, and the semiconductor optical amplifier are monolithically integrated on the substrate (para [0062]; “…the circuitry shown in FIG. 14e may be integrated on a common substrate, such as substrate 110.”). Nagarajan et al teaches VOA optically coupled between the local oscillator laser and the first optical hybrid circuitry (para [0058]; “…VOAs are included in elements 1492, 1494, and 1496…”) and differs from the claimed invention in that Nagarajan et al does not teach semiconductor optical amplifier optically coupled between the local oscillator laser and the first optical hybrid circuitry. However, since it is well known that signal strength decreases after it passes through a coupler such as splitter and since Nagarajan et al teaches a semiconductor optical amplifier (Fig. 14e: 1439) optically coupled between the local oscillator laser and the splitter (para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided at the inputs to polarizers P2 and P3. SOAs 1437 and 1439 primarily amplifier TE polarized light.”), it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the placement of the SOA of Nagarajan et al by placing it between the local oscillator laser and the first optical hybrid circuitry in order to strengthen signal level of the local oscillator laser. Furthermore, Nagarajan et al teaches semiconductor optical amplifier, as discussed above, and differs from the claimed invention in that Nagarajan et al does not specifically teach a control circuit operable to control a gain of the semiconductor optical amplifier. Tanaka et al teaches optical receiver comprising a control circuit operable to control a gain of the semiconductor optical amplifier (shown on Fig. 1 and para [0104]; “…the drive current for the SOA 32 is variably controlled such that gain saturation does not occur, and when the lower limit value of the drive current is reached,…”). Therefore, it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the SOA of Nagarajan et al by providing a control circuit operable to control a gain of the semiconductor optical amplifier in order to optimize signal quality and reduce noise. Regarding claim 3, Nagarajan et al teaches a polarization beam splitter (para [0053]; “…polarization beam splitter (PBS)…”) operable to receive the modulated optical signal (para [0053]; “…each of the polarized optical signals in TE WDM and TM WDM (and TE' WDM) may be modulated…”), wherein the modulated optical signal includes a first component having a first polarization and a second component having a second polarization, the polarization beam splitter having a first splitter output operable to provide the first component as the first modulated optical signal and a second splitter output operable to provide the second component (para [0053]; “…optical signals TM WDM and TE WDM are output from first and second outputs, respectively, from the PBS.”); a polarization rotator operable to receive the second component and output the second component with the first polarization, the second component with the first polarization being the second modulated optical signal (para [0053]; “A first polarizer acts as a filter to pass light having a TM polarization, but blocks light having other polarizations, such as a TE polarization. The rotator then rotates the light output from polarizer P1, so that such light has a TE polarization. A second polarizer P2 is provided to filter light having a polarization other than the TE polarization,…”). Regarding claim 4, Nagarajan et al teaches wherein the semiconductor optical amplifier is a first semiconductor optical amplifier, the apparatus further including a second semiconductor optical amplifier optically coupled to the second optical path (Fig. 14e: para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided…). Regarding claim 5, in view of the above, Nagarajan et al as modified by Tanaka et al teaches VOA optically coupled between the local oscillator laser and the first optical hybrid circuitry (para [0058]; “…VOAs are included in elements 1492, 1494, and 1496…”) and differs from the claimed invention in that Nagarajan et al does not teach semiconductor optical amplifier is coupled between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit. However, since it is well known that signal strength decreases after it passes through a coupler such as splitter and since Nagarajan et al teaches a semiconductor optical amplifier (Fig. 14e: 1439) optically coupled between the local oscillator laser and the splitter (para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided at the inputs to polarizers P2 and P3. SOAs 1437 and 1439 primarily amplifier TE polarized light.”), it would have been obvious to an artisan of ordinary skill in the art before the effective filling date of the claimed invention to modify the placement of the SOA of Nagarajan et al by placing it between the local oscillator laser and the first optical hybrid circuit and the second semiconductor optical amplifier is coupled between the local oscillator laser and the second optical hybrid circuit in order to strengthen signal level of the local oscillator laser. Regarding claim 6, Nagarajan et al teaches wherein the first semiconductor optical amplifier operates as a first variable optical attenuator and the second semiconductor optical amplifier operates as a second variable optical attenuator (para [0058]; “…VOAs are included in elements 1492, 1494, and 1496…”). Regarding claims 7 and 8, Nagarajan et al teaches semiconductor optical amplifier (Fig. 14e: para [0063]; “…optional semiconductor optical amplifiers (SOAs) 1437 and 1439 may be provided…) and differs from the claimed invention in that Nagarajan et al does not specifically teach that the semiconductor optical amplifier operates as an optical attenuator. However, Nagarajan et al also teaches VOA (para [0058]; “…VOAs are included in elements 1492, 1494, and 1496…”). Therefore, it would have been obvious to
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Prosecution Timeline

Dec 29, 2023
Application Filed
Dec 09, 2025
Non-Final Rejection — §103, §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Expected OA Rounds
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98%
With Interview (+6.4%)
2y 3m
Median Time to Grant
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