Prosecution Insights
Last updated: April 19, 2026
Application No. 18/431,187

PHOTONIC SEMICONDUCTOR PACKAGE AND METHOD OF FORMING THE SAME

Non-Final OA §102§103
Filed
Feb 02, 2024
Examiner
TAVLYKAEV, ROBERT FUATOVICH
Art Unit
2896
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
2y 4m
To Grant
72%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
529 granted / 875 resolved
-7.5% vs TC avg
Moderate +12% lift
Without
With
+11.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
34 currently pending
Career history
909
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
70.2%
+30.2% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
11.1%
-28.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 875 resolved cases

Office Action

§102 §103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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 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. DETAILED ACTION 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)(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. Claims 1 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yu et al (US 2021/0091056 A1). Regarding claim 1, Yu discloses (Figs. 7, 24, and 25) a package 300 (as identified in Fig. 24) comprising: an interposer 250; a photonic interconnect structure 100 connected (by vias 112, as shown in Figs. 7 and 24) to the interposer 82 (“the photonic package 100 acts as an input/output (I/O) interface between optical signals and electrical signals in the photonic system 300 (see FIG. 24)” at para. 0028), wherein the photonic interconnect structure 100 comprises: a plurality of photonic components 106A,106B,107 (as shown in Fig. 7); a plurality of waveguides 104 that are optically coupled to the plurality of photonic components 106A,106B,107 (“The photonic components 106A-B may be integrated with the waveguides 104, and may be formed with the silicon waveguides 104” at para. 0030; “In some embodiments, one or more couplers 107 may be integrated with the waveguides 104, and may be formed with the waveguides 104” at para. 0033) and an electronic die 122 that is electrically coupled to the plurality of photonic components 106A,106B (as shown in Fig. 7; “In this manner, the photonic components 106A-B may convert electrical signals (e.g., from an electronic die 122, see FIG. 8) into optical signals transmitted by the waveguides 104, and/or convert optical signals from the waveguides 104 into electrical signals (e.g., that may be received by an electronic die 122)” at para. 0038); and a plurality of dies 324,326 (as shown in Fig. 24) electrically connected to the interposer 250, wherein the dies of the plurality of dies 324,326 are electrically coupled to the photonic interconnect structure 100 through the interposer 250 (“FIG. 1 illustrates a cross-sectional view of an interconnect device 50, in accordance with some embodiments. The interconnect device 50 will be incorporated into an interposer structure 250 (see FIG. 22) in subsequent processing to form a photonic system 300 (see FIG. 24). The interconnect device 50 provides electrical connection between devices attached to the interposer structure 250 in the photonic system 300, such as between a photonic package 100 and a processing die 324 and/or a memory die 326 (see FIG. 24)” at para. 0017, emphasis added). Regarding claim 17, Yu teaches a corresponding method of making the disclosed package, the method comprising: forming a photonic interconnect structure 110,120, comprising: forming a plurality of first waveguides 104 (detailed in Fig. 7); forming a plurality of photonic components 106,107 over the plurality of first waveguides 104 (para. 0030 and 0033); forming an interconnect structure 120 over the plurality of photonic components 106,107 (as shown in Fig. 7); and bonding an electronic die 122 to the interconnect structure 122 (as shown in Fig. 24); bonding the photonic interconnect structure 100 to an interposer 250 (shown in Fig. 24); and bonding a plurality of semiconductor dies 324,326 (Fig. 24) to the interposer 250, wherein the plurality of semiconductor dies 324,326 are electrically connected to the photonic interconnect structure 110,120 (“The interconnect device 50 provides electrical connection between devices attached to the interposer structure 250 in the photonic system 300, such as between a photonic package 100 and a processing die 324 and/or a memory die 326 (see FIG. 24)” at para. 0017, emphasis added). 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 of this title, 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Schultz et al (US 2025/0300146 A1) in view of Yu et al (US 2021/0091056 A1). Regarding claim 1, Schultz discloses (Figs. 8 – 11; para. 0129 – 0133) a package comprising (with reference to Fig. 10): an interposer 82 (formed as a single element or a plurality of separate elements (para. 0129); a photonic interconnect structure (comprising a photonic integrated circuit (PIC) 80) connected (via microbumps 18b; para. 0132) to the interposer 82; and and a plurality of dies 81 (as shown in Fig. 8) electrically connected (via the microbumps 18b; para. 0132) to the interposer 82, wherein the dies of the plurality of dies 81 are electrically coupled to the photonic interconnect structure 80 through the interposer 82 (“photonic integrated circuits (PICs) 80 and electronic Integrated Circuits (EICs) 81 are connected through single or multiple active and/or passive photonic interposer 82” at para. 0129). Schultz shows the photonic interconnect structure 80 only schematically (Figs. 8 and 10) and does not detail its internal structure (structural particulars). However, Yu discloses (Figs. 7, 24, and 25) a package 300 (as identified in Fig. 24) comprising: an interposer 250; a photonic interconnect structure 100 connected (by vias 112, as shown in Figs. 7 and 24) to the interposer 82 (“the photonic package 100 acts as an input/output (I/O) interface between optical signals and electrical signals in the photonic system 300 (see FIG. 24)” at para. 0028), wherein the photonic interconnect structure 100 comprises: a plurality of photonic components 106A,106B,107 (as shown in Fig. 7); a plurality of waveguides 104 that are optically coupled to the plurality of photonic components 106A,106B,107 (“The photonic components 106A-B may be integrated with the waveguides 104, and may be formed with the silicon waveguides 104” at para. 0030; “In some embodiments, one or more couplers 107 may be integrated with the waveguides 104, and may be formed with the waveguides 104” at para. 0033) and an electronic die 122 that is electrically coupled to the plurality of photonic components 106A,106B (as shown in Fig. 7; “In this manner, the photonic components 106A-B may convert electrical signals (e.g., from an electronic die 122, see FIG. 8) into optical signals transmitted by the waveguides 104, and/or convert optical signals from the waveguides 104 into electrical signals (e.g., that may be received by an electronic die 122)” at para. 0038); and a plurality of dies 324,326 (as shown in Fig. 24) electrically connected to the interposer 250, wherein the dies of the plurality of dies 324,326 are electrically coupled to the photonic interconnect structure 100 through the interposer 250 (“FIG. 1 illustrates a cross-sectional view of an interconnect device 50, in accordance with some embodiments. The interconnect device 50 will be incorporated into an interposer structure 250 (see FIG. 22) in subsequent processing to form a photonic system 300 (see FIG. 24). The interconnect device 50 provides electrical connection between devices attached to the interposer structure 250 in the photonic system 300, such as between a photonic package 100 and a processing die 324 and/or a memory die 326 (see FIG. 24)” at para. 0017, emphasis added). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention that the photonic interconnect structure in Schultz can have structural particulars as disclosed by Yu, so that its photonic devices and optical waveguides form a multifunctional PIC (performing light generation, modulation and detection; para. 0030 of Yu) and the photonic devices receive/transmit electrical signals to the comprised electronic die (122 in YU; para. 0038) in their close proximity which facilitates high transmission/operational speeds (para. 0016, 0074, and 0079 of Yu). Regarding claim 2, the Schultz – Yu combination considers (Fig. 10 of Schultz) that the photonic interconnect structure 80 (corresponding to 80 in Fig. 10 of Schultz and having structural particulars of 100 in Yu) can be connected to the interposer 82 through solder bumps 18b (para. 0132 of Schultz). Regarding claim 3, the Schultz – Yu combination renders obvious that the photonic interconnect structure 80 (corresponding to 80 in Fig. 10 of Schultz and having structural particulars of 100 in Yu) can be connected to the interposer 82 through metal-to-metal bonds (vias and solder bumps 18b; para. 0132 of Schultz; Fig. 24 of Yu) and dielectric-to-dielectric bonds (oxide-to-oxide bonding (para. 0132 of Schultz; para. 0043 of Yu) or fusion bonding (para. 0043 of Yu)). Regarding claim 4, the Schultz – Yu combination considers that the plurality of waveguides 104 can be comprise a silicon care and a silicon nitride cladding (para. 0035 of Yu). Additionally or alternatively, the Examiner takes official notice that waveguides with silicon nitride cores are also well known in the art and commonly used as passive waveguides due to their low optical loss. It is also noted that it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See In re Leshin, 125 USPQ 416. Regarding claim 5, the Schultz – Yu combination considers that the interposer 82 (Figs. 8 and 01 of Schultz) comprises a plurality of conductive redistribution layers (RDLs) in a plurality of polymer dielectric layers (para. 0094 and 0132 of Schultz). Regarding claim 6, the Schultz – Yu combination considers that the package further comprises a fiber array unit (86 in Schultz; 150 in Yu) attached to the electronic die 122 (e.g., by optical glue 152, as shown in Fig. 24 of Yu), wherein the fiber array unit is optically coupled to the plurality of waveguides (via grating coupler 107A, as shown in Fig. 24 of Yu). Regarding claims 7 and 8, the Schultz – Yu combination considers that the dies 81 of the plurality of dies are electrically coupled to respectively corresponding separate device regions of the photonic interconnect structure (as shown in Fig. 8 of Schultz which shows multiple dies 81 electrically coupled to respectively corresponding separate device regions of the photonic interconnect structure 80), wherein the device regions of the photonic interconnect structure 80 (corresponds to 100 in Yu) respectively comprise corresponding regions of the electronic die 122 and corresponding sets of photonic components 106A,106B,107 of the plurality of photonic components. Regarding claim 9, the teachings of Schultz and Yu combine (see the arguments and motivation for combining, as provided above for claim 1) to teach expressly or render obvious all of the recited limitations, as detailed above for claim 1. Specifically, the Schultz – Yu combination considers a package comprising: a photonic structure 80 (Figs. 8 and 10 of Schultz) connected to an interconnect structure 82 (interposer), wherein the photonic structure comprises a first device region, a second device region, and a waveguide (104 in Yu) (Fig. 8 of Schutlz illustrates 8 device regions of the photonic structure 80), wherein the first device region comprises a first photonic component (photonic devices 106,107, as detailed by Yu in Figs. 7 and 24), wherein the second device region (has structural particulars similar/identical to those of the first region) comprises a second photonic component, wherein the first device region is optically coupled to the second device region by the waveguide (e.g., within the active photonic interposer in Fig. 10 of Schultz which comprises photonics; para. 0132); a first package component (internal electronic die 122, according to Yu and/or die 81 in Figs. 8 and 10 in Schultz) connected to the interconnect structure 82, wherein the first package component 81 is electrically coupled to the first device region (as taught by Yu; Fig. 24); and a second package component (internal electronic die 122, according to Yu) connected to the interconnect structure 82, wherein the second package component is electrically coupled to the second device region (as taught by Yu; Fig. 24). Regarding claims 10 and 11, the Schultz – Yu combination considers that the first package component comprises a first integrated circuit die (122 in Yu; 81 in Schultz) and a second integrated circuit die bonded to an active interposer (“active photonic interposer” shown in Fig. 10), wherein the first integrated circuit die is electrically coupled to the first device region of the photonic structure and the second integrated circuit die is electrically coupled to a third device region of the photonic structure. Regarding claim 12, the Schultz – Yu combination considers (e.g., Fig. 8 of Schultz) that the first package component is a first semiconductor die 81 and the second package component is a second semiconductor die 81. Regarding claim 13, the Schultz – Yu combination considers (e.g., Figs. 8 and 10 of Schultz) that the first photonic component 80 and the second photonic component 80 are formed on a substrate 10 (silicon handle), wherein the first device region and the second device region respectively comprise different portions of the substrate (as evident from Fig. 8), wherein the substrate 10 (silicon handle) is free of passive devices and active devices. Regarding claim 14, the Schultz – Yu combination considers that the substrate (10 in Fig. 10 which corresponds to substrate 302 in Fig. 224 of Yu) can be a silicon substrate (as in Schultz) or a glass substrate (as in Yu; “The interconnect substrate 302 may be for example, a glass substrate, a ceramic substrate, a dielectric substrate” at para. 0075). Regarding claim 15, the Schultz – Yu combination considers that the photonic structure comprises an electronic die (corresponding to 122 in Yu; Fig. 24), wherein a first portion of the electronic die within the first device region (one of 80 in Fig. 8 of Schultz) is electrically coupled to the first photonic component and a second portion of the electronic die within the second device region (another one of 80 in Fig. 8 of Schultz) is electrically coupled to the second photonic component. Regarding claim 16, the Schultz – Yu combination considers (Figs. 8 and 10 of Schultz; Fig. 24 of Yu) that the first package component is electrically coupled to the first photonic component and the second package component is electrically coupled to the second photonic component, as was detailed above for claims 1 and 9. Regarding claim 17, the teachings of Schultz and Yu combine (see the arguments and motivation for combining, as provided above for claim 1) to teach expressly or render obvious all of the recited step limitations of a corresponding method of making the contemplated package, as detailed above for claim 1. Specifically, the Schultz – Yu combination considers a method comprising: forming a photonic interconnect structure (100 in Fig. 24 of Yu which corresponds to 80 in Figs. 8 and 10 of Schultz), comprising: forming a plurality of first waveguides 104 (detailed in Fig. 7 of Yu); forming a plurality of photonic components 106,107 over the plurality of first waveguides 104 (para. 0030 and 0033 of Yu); forming an interconnect structure 120 over the plurality of photonic components 106,107 (as shown in Fig. 7 of Yu); and bonding an electronic die 122 to the interconnect structure 122 (as shown in Fig. 24); bonding the photonic interconnect structure 100 to an interposer (250 in Fig. 24 of Yu which corresponds to 82 in Figs. 8 and 10 of Schultz); and bonding a plurality of semiconductor dies (324,326 in Fig. 24 of Yu which correspond to 81 in Figs. 8 and 10 of Schultz) to the interposer 82, wherein the plurality of semiconductor dies 81 are electrically connected to the photonic interconnect structure 80 (para. 0129 of Schultz). Regarding claim 18, the Schultz – Yu combination renders obvious a step of forming a plurality of second waveguides within the interconnect structure (e.g., in a second device region, as shown in Fig. 8 of Schultz). Regarding claim 19, the Schultz – Yu combination renders obvious that bonding the photonic interconnect structure can comprise performing a fusion bonding process (para. 0043 of Yu). Regarding claim 20, the Schultz – Yu combination considers that the method can further comprise bonding the interposer to a package substrate (10 in Fig. 10 which corresponds to substrate 302 in Fig. 224 of Yu). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2025/0012988 A1 US 2023/0367087 A1 US 2021/0088723 A1 US 11,855,043 B1 Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT TAVLYKAEV whose telephone number is (571)270-5634. The examiner can normally be reached 10:00 am - 6:00 pm, Monday - Friday. 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, William Kraig can be reached on (571)272-8660. 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. /ROBERT TAVLYKAEV/Primary Examiner, Art Unit 2896
Read full office action

Prosecution Timeline

Feb 02, 2024
Application Filed
Mar 18, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12578596
OPTICAL MODULE CONFIGURATION WITH ACCOMMODATION THROUGH OPENING FOR VARIOUS MODULATORS SUPPORTIVE OF DIFFERENT OPTICAL MODULE SPECIFICATIONS
2y 5m to grant Granted Mar 17, 2026
Patent 12572050
SEMICONDUCTOR DEVICE INCLUDING OPTICAL RING WAVEGUIDE
2y 5m to grant Granted Mar 10, 2026
Patent 12566343
THIN FILM LITHIUM-CONTAINING PHOTONICS WAFER HAVING A TRAP-RICH SUBSTRATE
2y 5m to grant Granted Mar 03, 2026
Patent 12560829
Photonic Semiconductor Device and Method
2y 5m to grant Granted Feb 24, 2026
Patent 12546952
FIBRE OPTIC CABLE PLUGS AND FIBRE OPTIC CABLE CONNECTORS HAVING SUCH
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
60%
Grant Probability
72%
With Interview (+11.9%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 875 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month