Prosecution Insights
Last updated: May 29, 2026
Application No. 18/437,960

OPTICAL DEVICE AND METHOD OF MANUFACTURE

Non-Final OA §102
Filed
Feb 09, 2024
Examiner
CAPUTO, LISA M
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
1 (Non-Final)
17%
Grant Probability
At Risk
1-2
OA Rounds
5m
Est. Remaining
17%
With Interview

Examiner Intelligence

Grants only 17% of cases
17%
Career Allowance Rate
7 granted / 42 resolved
-51.3% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
26 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
85.6%
+45.6% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 42 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 . Election/Restrictions Applicant’s election without traverse of Group I claims 1-14 and newly added claims 21-26 in the reply filed on January 30, 2026 is acknowledged. Claims 15-20 in Group II were canceled. Election was made without traverse in the reply filed on January 30, 2026. 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 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Allman et al (U.S. Patent No. 6,324,313). Regarding claim 1, Allman teaches a method of manufacturing an optical device, the method comprising: forming a first waveguide (Fig. 1, 25a and Col 4 Ln 21-42) in a first insulating layer (Fig. 1, 26a, 26b, 26c; Col 4 Ln 33-35) over a substrate (Fig. 1, 24), wherein the first waveguide comprises a first major portion (Fig. 1, horizontal portion of 30 and 40) and a first bent portion (Fig. 1, bent portion of 30 and 36) extending upwardly from the first major portion away from the substrate; and forming a second waveguide (Fig. 1, 25b) over the first waveguide, wherein the second waveguide comprises a second major portion (Fig. 1, horizontal portion of 30 and 40b) over the first insulating layer and a second bent portion (Fig. 1, bent portion of 30 and 38) extending downwardly from the second major portion and into the first insulating layer. Regarding claim 2, Allman teaches that the first bent portion (Fig. 1, 36) of the first waveguide overlaps the second bent portion (Fig. 1, 38) of the second waveguide in a vertical direction. Allowable Subject Matter Claims 3-7 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. Claims 8-14 and 21-26 are allowed. The best prior art of record fails to specifically teach the enumerated steps within these method claims, for example the second waveguide and process steps in independent claim 8 and the implant process of independent claim 21 “after forming the first recess, performing a first implant process to implant a first implant species in the first end portion of the first waveguide, wherein the first implant process bends the first end portion to form a first bent portion of the first waveguide.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: USPGPUB 2016/0047979 to Yoshida et al. which teaches a method for processing a silicon-based wire optical waveguide. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA M CAPUTO whose telephone number is (571)272-2388. The examiner can normally be reached Monday-Friday 9-5 EST. 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. /LISA M CAPUTO/Primary Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Apr 07, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12631909
THERMO-OPTIC PHASE MODULATION MODULE AND OPTICAL MODULATOR
2y 4m to grant Granted May 19, 2026
Patent 12596231
SINGLE MODE WIDEBAND POLARIZATION MAINTAINING FIBER COUPLER
2y 2m to grant Granted Apr 07, 2026
Patent null
TEMPERATURE MEASURING METHOD AND TEMPERATURE MEASURING APPARATUS USING THE SAME
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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
17%
Grant Probability
17%
With Interview (+0.0%)
2y 9m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 42 resolved cases by this examiner. Grant probability derived from career allowance rate.

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