Prosecution Insights
Last updated: April 19, 2026
Application No. 18/408,214

ELECTRO-OPTICAL MODULATOR, OPTICAL MODULATION SYSTEM, AND INTEGRATED OPTICAL CHIP

Non-Final OA §102
Filed
Jan 09, 2024
Examiner
PEACE, RHONDA S
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
1039 granted / 1219 resolved
+17.2% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
38 currently pending
Career history
1257
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
36.4%
-3.6% vs TC avg
§112
12.2%
-27.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1219 resolved cases

Office Action

§102
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The information disclosure statements (IDS) submitted on 10/2/24, 1/15/25, and 3/10/25 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 2, 9-12, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Szilagyi et al. (US 6,522,793 B1). Re. Claims 1 and 11, Szilagyi et al. discloses an optical modulation system comprising: an electro-optical modulator (Fig. 3; col. 2 lines 1-3), comprising: an electrode conversion portion 300 (Fig. 3; col. 6 lines 5-16), comprising: a first input electrode, wherein the first input electrode is configured to receive a first modulation signal 78 output by an electrical chip (Fig. 3; col. 2 lines 49-50; col. 6 lines 8-14); and a second input electrode, wherein the second input electrode is configured to receive a second modulation signal 76 output by the electrical chip (Fig. 3; col. 2 lines 49-50; col. 6 lines 8-14); and an optical modulation portion 200 (Figs. 1-3; col. 2 lines 29-35), comprising: a first modulation electrode 44 (Figs. 1-3; col. 4 lines 31-43); a second modulation electrode 40 (Figs. 1-3; col. 4 lines 31-43); a third modulation electrode 42 (Figs. 1-3; col. 4 lines 31-43); a first modulation arm 16 (Figs. 1-3; col. 4 lines 31-43); and a second modulation arm 18 (Figs. 1-3; col. 4 lines 31-43), wherein the first modulation electrode 44 is between the second modulation electrode 40 and the third modulation electrode 42 (Fig. 1), the first modulation arm 16 is between the first modulation electrode 44 and the second modulation electrode 40 (Fig. 1), and the second modulation arm 18 is between the first modulation electrode 44 and the third modulation electrode 42 (Fig. 1); wherein the first modulation electrode 44 is coupled to the first input electrode, and is configured to receive the first modulation signal 78 (Fig. 3; col. 4 lines 40-43; col. 6 lines 13-14); wherein the second modulation electrode 40 and the third modulation electrode 42 are separately coupled to the second input electrode, and are separately configured to receive the second modulation signal 76 (Fig. 3; col. 4 lines 40-43; col. 6 lines 12-13); wherein the first modulation electrode 44, the second modulation electrode 40, and the third modulation electrode 42 are configured to modulate input light in the first modulation arm 16 and the second modulation arm 18 based on the first modulation signal 78 and the second modulation signal 76 (col. 6 lines 42-60); and wherein modulated input light is output as modulated light from the first modulation arm 16 and the second modulation arm 18 (Figs. 1-3; col. 2 lines 36-47); and the electrical chip, wherein the electrical chip is separately coupled to the first input electrode and the second input electrode, and is configured to: output the first modulation signal 78 to the first input electrode; and output the second modulation signal 76 to the second input electrode (col. 6 lines 5-14). Re. Claims 2 and 12, Szilagyi et al. discloses the electro-optical modulator further comprises a substrate, and the electrode conversion portion 300 and the optical modulation portion 200 are on a same surface of the substrate (Fig. 4; col. 8 lines 20-23). Re. Claims 9 and 18, Szilagyi et al. discloses the first modulation signal 78 and the second modulation signal 76 are radio frequency signals (col. 11 lines 6-15). Re. Claims 10 and 19, Szilagyi et al. discloses the first modulation arm 16 and the second modulation arm 18 are made of lithium niobate (col. 2 lines 29-35). Re. Claim 20, Szilagyi et al. discloses an integrated optical chip, comprising: a laser configured to emit input light; and the electro-optical modulator discussed above coupled to the laser and configured to receive the input light, modulate the input light, and output modulated light (col. 11 lines 6-15). Allowable Subject Matter Claims 3-8 and 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Re. Claims 3 and 13, the prior art does not disclose or reasonably suggest the electrode conversion portion further comprises a bridging portion, the bridging portion is embedded in the substrate, and a part of the bridge portion is exposed relative to the surface that is of the substrate and on which the electrode conversion portion is located; and the part of the bridging portion exposed relative to the substrate is separately coupled to the first modulation electrode and the first input electrode. Re. Claims 4, 5, 14, and 15, the prior art does not disclose or reasonably suggest the two ends of the second input electrode are respectively coupled to the second modulation electrode and the third modulation electrode, and the second modulation electrode, the second input electrode, and the third modulation electrode are enclosed to form an accommodation area having an opening; and the first input electrode is in the accommodation area, and the first modulation electrode extends from outside of the accommodation area through the opening to the accommodation area and is coupled to the first input electrode. Re. Claims 6-8, 16, and 17, the prior art does not disclose or reasonably suggest the first modulation electrode, the second modulation electrode, and the third modulation electrode are made of metal; the optical modulation portion further comprises a transparent conduction layer on the substrate; and the first modulation electrode, the second modulation electrode, and the third modulation electrode are on a surface that is of the transparent conduction layer and that is away from the substrate, and are in electrical contact with the transparent conduction layer. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to R. PEACE whose telephone number is (571)272-8580. The examiner can normally be reached 9-5 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, Uyen-Chau Le can be reached at (571) 272-2397. 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. /RHONDA S PEACE/Primary Examiner, Art Unit 2874 1/30/26
Read full office action

Prosecution Timeline

Jan 09, 2024
Application Filed
Jan 30, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Mar 17, 2026
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2y 5m to grant Granted Mar 03, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
98%
With Interview (+12.5%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 1219 resolved cases by this examiner. Grant probability derived from career allow rate.

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