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 .
Election/Restrictions
Applicant’s election of Invention I, claims 1-11, in the reply filed on May 19, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The newly added claims 21-29 are fully examined for patentability.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (see MPEP § 606.01).
This may result in slightly longer titles, but the loss in brevity of title will be more than offset by the gain in its informative value in indexing, classifying, searching, etc.
The following title is suggested: “PHOTONIC DEVICE HAVING A WAVEGUIDE STRUCTURE AND FABRICATING METHOD THEREOF.”
If Applicant does not agree with the suggested title above, Applicant must provide a new title that clearly reflects the invention to which the claims are directed.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 9 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ryan et al. (US Pub. 2025/0231342; hereinafter “Ryan”).
Regarding Claim 9, Ryan discloses a method for fabricating a photonic device, comprising: providing an oxide layer 312 (BOX; page 5, paragraph 52) and a semiconductor layer (epitaxially grown silicon layer of an SOI wafer; page 5, paragraph 52) on the oxide layer 312 (see fig. 3A); forming a first waveguide structure 202 (page 3, paragraph 30) on the oxide layer 312 (the first waveguide 202 is formed on a bottom side of the oxide layer 312; see fig. 4A); and forming an electro-optical device 304 (page 5, paragraph 52) on a side (top side) of the oxide layer 312 opposite to the first waveguide structure 202 (see fig. 4A), wherein forming the electro-optical device 304 comprises patterning the semiconductor layer (the epitaxially grown silicon layer of the SOI wafer) to form a semiconductor structure of the electro-optical device 304 (the epitaxially grown silicon layer of the SOI wafer has been patterned to form a p-n junction phase modulator 304; page 5, paragraph 52).
Allowable Subject Matter
Claims 10 and 11 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:
Claim 10 recites the semiconductor structure of the electro-optical device is optically coupled to the first waveguide structure through the oxide layer.
Claim 11 recites forming a second waveguide structure on the side of the oxide layer opposite to the first waveguide structure, wherein a refractive index of the second waveguide structure is higher than a refractive index of the first waveguide structure.
These features in combination with the other elements of the base claim are neither disclosed nor suggested by the prior art of record.
Claims 1-8 and 21-29 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 1 recites forming a first active device above a second side of the buried oxide layer opposite to the first side, wherein the first active device is optically coupled to the first waveguide structure.
Claim 21 recites forming a semiconductor-insulator-capacitor modulator formed on the second surface of the oxide layer, wherein the semiconductor-insulator-capacitor modulator comprises: a first terminal optically connected with the first waveguide structure; a second terminal; and a capacitor dielectric layer disposed between the first terminal and the second terminal.
These features in combination with the other elements of the claim are neither disclosed nor suggested by the prior art of record.
Claims 2-8 and 22-29 variously depend from claim 1 or 21, so they are allowed for the same reason.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHEUNG LEE whose telephone number is (571)272-5977. The examiner can normally be reached 9 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVIENNE MONBLEAU can be reached at (571)272-1945. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHEUNG LEE/Primary Examiner, Art Unit 2812 August 19, 2026
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