Prosecution Insights
Last updated: April 19, 2026
Application No. 18/442,072

OPTICAL COUPLING BETWEEN STACKED CHIPS

Non-Final OA §102§103
Filed
Feb 14, 2024
Examiner
LE, UYEN CHAU N
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Globalfoundries U S Inc.
OA Round
1 (Non-Final)
21%
Grant Probability
At Risk
1-2
OA Rounds
3y 6m
To Grant
3%
With Interview

Examiner Intelligence

Grants only 21% of cases
21%
Career Allow Rate
7 granted / 34 resolved
-47.4% vs TC avg
Minimal -18% lift
Without
With
+-17.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
15 currently pending
Career history
49
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
47.2%
+7.2% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
23.8%
-16.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 34 resolved cases

Office Action

§102 §103
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 . 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. Claim(s) 1-2, 10, 13-14, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thacker et al. (US 8548287 B2). Re claims 1 and 19, Thacker et al discloses a structure and method thereof (fig. 4) comprising: a first chip (210-1) having a first surface (212-1), and including a first optical component (214-1) and an optical waveguide protrusion (310-1) adjacent to the first optical component (214-1), the optical waveguide protrusion (310-1) extending above the first surface (212-1) of the first chip (210-1); and a second chip (210-2) having a second surface (212-2) adjacent to the first surface of the first chip (210-1), the second chip (210-2) including a second optical component (214-2) and a groove (224) adjacent to the second optical component (214-2), the groove (210-1) extending from the second surface (212-2) of the second chip (210-2) and into a portion of the second chip, wherein the optical waveguide protrusion (310-1) is positioned in the groove (224) in the second chip (210-2). Re claim 2, Thacker et al discloses the structure of claim 1, wherein the first optical component (214-1) is a first optical waveguide and the optical waveguide protrusion (310-1) is a second optical waveguide of the structure, the second optical waveguide (310-1) is disposed on the first optical waveguide (214-1) and abuts a portion of a top surface of the first optical waveguide (214-1). Re claim 10, Thacker et al discloses the structure of claim 1, wherein the first optical component and the second optical component are optical waveguides, and the first optical component, the second optical component and the optical waveguide protrusion are formed of the same material (col. 6, lines 45-62). Re claim 13, Thacker et al discloses the structure of claim 1, further comprising a reflective surface (mirror) along a side of the groove, wherein optical waveguide protrusion interfaces with the reflective surface (fig. 1). Re claim 14, Thacker et al discloses the structure of claim 1, wherein the first chip (210-1) further includes a second groove (recess region 222-1) extending below the first surface (212-1) of the first chip, and the second chip (210-2) further includes a second optical waveguide protrusion (310-2) extending above the second surface (212-2) of the second chip, and wherein the second optical waveguide protrusion (310-2) is positioned in the second groove (222-1) in the first chip (210-1). Claim(s) 1-4, 10, 12, 14 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Witmer et al (US 20230085761 A1). Re claims 1 and 19, Witmer et al. discloses a structure and method thereof (fig. 4D) comprising: a first chip (410) having a first surface, and including a first optical component (413) and an optical waveguide protrusion (414) adjacent to the first optical component (413), the optical waveguide protrusion (414) extending above the first surface of the first chip (410); and a second chip (420) having a second surface adjacent to the first surface of the first chip (410), the second chip (420) including a second optical component (423) and a groove (455) adjacent to the second optical component (423), the groove (455) extending from the second surface of the second chip and into a portion of the second chip, wherein the optical waveguide protrusion (414) is positioned in the groove (455) in the second chip (420). Re claim 2, Witmer et al. discloses the structure of claim 1, wherein the first optical component (413) is a first optical waveguide (paragraph [0074]) and the optical waveguide protrusion (414) is a second optical waveguide of the structure (paragraph [0061]), the second optical waveguide (414) is disposed on the first optical waveguide (413) and abuts a portion of a top surface of the first optical waveguide (413). Re claim 3, Witmer et al. discloses the structure of claim 2, wherein the second optical component (423) is a third optical waveguide of the structure (paragraph [0060]), the third optical waveguide (423) abuts the second optical waveguide (414, via side 464). Re claim 4, Witmer et al. discloses the structure of claim 3, wherein the third optical waveguide (423) is arranged laterally adjacent to the second optical waveguide (414). Re claim 10, Witmer et al. discloses the structure of claim 1, wherein the first optical component (413) and the second optical component (423) are optical waveguides, and the first optical component (413), the second optical component (423) and the optical waveguide protrusion (414) are formed of the same material (paragraphs [0016-0017]). Re claim 12, Witmer et al. discloses the structure of claim 1, further comprising a sealing material (463) between the optical waveguide protrusion and the groove (paragraph [0074]). Re claim 14, Witmer et al. discloses the structure of claim 1, wherein the first chip (410) further includes a second groove (456) extending below the first surface of the first chip, and the second chip (420) further includes a second optical waveguide protrusion (424) extending above the second surface of the second chip, and wherein the second optical waveguide protrusion (424) is positioned in the second groove (456) in the first chip (410). Re claim 20, Witmer et al. discloses the method of claim 19, wherein forming the first chip further comprises patterning the optical waveguide protrusion using laser ablation (paragraph [0045]). Claim(s) 1-4, 9-12, 16-17, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lemos Alvares Dos Santos (US 11656408 B2, herein after Lemos). Re claims 1 and 19, Lemos discloses a structure and method thereof (figs. 1A-B and 4A-7B and corresponding disclosure) comprising: a first chip (20) having a first surface, and including a first optical component (22) and an optical waveguide protrusion (22A, 22B) adjacent to the first optical component (22), the optical waveguide protrusion (22A, 22B) extending above the first surface of the first chip (20); and a second chip (10) having a second surface adjacent to the first surface of the first chip (20), the second chip including a second optical component (12) and a groove (13A, 13B) adjacent to the second optical component (12), the groove (13A, 13B) extending from the second surface of the second chip (10) and into a portion of the second chip, wherein the optical waveguide protrusion (22A, 22B) is positioned in the groove (13A, 13B) in the second chip (10). Re claim 2, Lemos discloses the structure of claim 1, wherein the first optical component (22) is a first optical waveguide (col. 8, lines 51-57) and the optical waveguide protrusion (22A, 22B) is a second optical waveguide of the structure (col. 8, lines 51-57), the second optical waveguide (22A, 22B) is disposed on the first optical waveguide and abuts a portion of a top surface of the first optical waveguide (fig. 1A). Re claim 3, Lemos discloses the structure of claim 2, wherein the second optical component (12) is a third optical waveguide of the structure (col. 8, lines 42-45), the third optical waveguide (12) abuts the second optical waveguide (22A, 22B). Re claim 4, Lemos discloses the structure of claim 3, wherein the third optical waveguide (12) is arranged laterally adjacent to the second optical waveguide (22A, 22B) (fig. 1B). Re claim 9, Lemos discloses the structure of claim 1, wherein the first chip (20) further comprises a first bond pad (24), and the second chip (10) further comprises a second bond pad (14), the first chip is bonded to the second chip via the first bond pad and the second bond pad (fig. 1B). Re claim 10, Lemos discloses the structure of claim 1, wherein the first optical component (22) and the second optical component (12) are optical waveguides, and the first optical component, the second optical component and the optical waveguide protrusion (22A, 22B) are formed of the same material (col. 11, lines 44-46: the optical waveguides are formed using a silicon nitride layer embedded in a silicon oxide layer). Re claim 11, Lemos discloses the structure of claim 1, wherein the optical waveguide protrusion (22A, 22B) partially fills the groove (13A, 13B), and further comprising an air gap (23A, 23B) below the optical waveguide protrusion (fig. 1B). Re claim 12, Lemos discloses the structure of claim 1, further comprising a sealing material between the optical waveguide protrusion and the groove (col. 6, lines 19-33). Re claim 16, Lemos discloses the structure comprising: a first chip (20) including a first optical waveguide (22), a second optical waveguide (22A) arranged on the first optical waveguide (fig. 1A; given the broadest reasonable interpretation, the lowest portion of waveguide 22A is arranged/disposed on waveguide 22), and a first dielectric layer surrounding the first optical waveguide (col. 7, lines 16-44 where both cladding layer and stress layer are made of silicon nitride or silicon oxide, which is a dielectric material), wherein the second optical waveguide (22A) extends above a top surface of the first dielectric layer (20); and a second chip (10) stacked over the first chip (20), the second chip including a second dielectric layer arranged over the first dielectric layer (fig. 1B; col. 7, lines 16-44 where both cladding layer and stress layer are made of silicon nitride or silicon oxide, which is a dielectric material), a third optical waveguide (12) and a groove (13A) adjacent to the third optical waveguide in the second dielectric layer (fig. 1A), wherein the groove extends from a top surface of the second dielectric layer and into the second dielectric layer (fig. 1A), wherein the second optical waveguide is positioned in the groove in the second chip (fig. 1B). Re claim 17, Lemos discloses the structure of claim 16, wherein the second optical waveguide (22A) abuts the first optical waveguide (22) and the third optical waveguide (12) (see fig. 1B). Re claim 20, Lemos discloses the method of claim 19, wherein forming the first chip further comprises patterning the optical waveguide protrusion using laser ablation (col. 5, lines 44-48). 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. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemos Alvares Dos Santos in view of Sugiyama (US 20240310577 A1). Re claim 5, Lemos discloses the structure of claim 3 but fails to teach the third optical waveguide is arranged over the second optical waveguide and a portion of the third optical waveguide overlaps the second optical waveguide. Sugiyama teaches optical waveguide (202) is arranged over optical waveguide (203) and a portion of the third optical waveguide overlaps the second optical waveguide (fig. 16). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to have the waveguide (12) of Lemos arranged over and overlaps waveguide (22A) as taught by Sugiyama as such modification would have been an obvious engineering variation, well within the ordinary skill in the art, so that light is easily coupled between the waveguides, and therefore an obvious expedient. Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemos Alvares Dos Santos in view of Pawlak et al. (US 20230393339 A1 – cited by Applicant). Re claims 6- 8, Lemos discloses the structure of claim 1 and further teaches the first chip further includes a first dielectric layer surrounding the first optical component, and the second chip further includes a second dielectric layer surrounding the groove (col. 7, lines 16-44 where both cladding layer and stress layer are made of silicon nitride or silicon oxide, which is a dielectric material), but fails to teach the second optical waveguide further comprises a lower portion extending below the first surface of the first chip, the second optical waveguide is laterally spaced from the first optical waveguide in the first chip, and the second optical waveguide forms a ring resonator, or the first dielectric layer and the first optical component is substantially coplanar, and the second dielectric layer directly contacts at least a portion of the top surface of the first optical component, the second dielectric layer directly contacts the first dielectric layer (Lemos’ second chip (10) stacked over the first chip (20) via contact pads (14, 24)). Pawlak et al. teaches the first chip (22) further includes a second optical waveguide (14) further comprises a lower portion extending below the first surface of the first chip, the second optical waveguide (14) is laterally spaced from the first optical waveguide (12) in the first chip, and the second optical waveguide forms a ring resonator (figs. 4-5; paragraphs [0020-0025]), a first dielectric layer (20) of the first chip (22), and a second dielectric layer (20) of the second chip (24) are in direct contact the first dielectric layer (22) (figs. 4-5; paragraphs [0020-0025]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to modify the structure of Lemos to have the second optical waveguide as a ring resonator as taught by Pawlak et al. to provide a more versatile system which is able to operate in different frequencies. Further, it would have been an obvious engineering variation to have the dielectric layers are in direct contact as taught by Pawlak et al. for intended use (i.e., without the needs of electrical connections between the interposer and the optically active circuit, and therefore an obvious expedient. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemos Alvares Dos Santos. Re claim 15, Lemos discloses the structure of claim 1, and further discloses the first chip (20) further comprises an alignment structure (26) extending above the first surface of the first chip to align with alignment structure (17) of the second chip (10), but fails to teach the second chip having a second groove extending below the second surface of the second chip, and wherein the alignment structure is positioned in the second groove in the second chip. However, alignment feature having an alignment structure positioned in a groove is well-known in the art. As such, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to modify the alignment structure of Lemos to have a protrusion and a groove as claimed since such modification would have been an obvious engineering variation, well within the ordinary skill in the art, for aligning the two chips together to provide proper operation, and therefore an obvious expedient. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemos Alvares Dos Santos in view of Thacker et al. Re claim 18, Lemos discloses the structure of claim 17, wherein the second optical waveguide (22A) protrudes from the first surface of the first chip (20) at an angle ϴ (figs. 1A-B; col. 8, line 64 through col. 9, line 9), but fails to teach the waveguide has a first side surface adjoining a second side surface to form a corner of the second optical waveguide having an acute angle. Thacker et al teaches the second optical waveguide (214-1) has a first side surface adjoining a second side surface to form a corner of the second optical waveguide having an acute angle (figs. 1-2; col. 5, line 50-61). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant application, to have the second optical waveguide of Lemos has a taper shape as taught by Thacker et al as such modification would have been an obvious engineering variation, well within the ordinary skill in the art, to adiabatically expand the optical modes of optical waveguides in optical couplers, and therefore an obvious expedient. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The reference to Raj et al. (US 8548288 B2) discloses a similar structure as recited in claims 1-3 and Dash et al. (US 20250116819 A1) discloses the two dielectric layers are in direct contact. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Uyen-Chau N. Le whose telephone number is (571)272-2397. The examiner can normally be reached Monday-Friday, 9:00am-5:30pm. 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, Kiesha R. Bryant can be reached at (571) 272-3606. 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. /UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Feb 14, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601877
MULTIPURPOSE FIBER-OPTIC CONNECTOR AND FIBER-OPTIC ADAPTER
2y 5m to grant Granted Apr 14, 2026
Patent 12601883
OPTICAL FIBER RIBBON AND SLOTLESS OPTICAL CABLE
2y 5m to grant Granted Apr 14, 2026
Patent 12468162
VIRTUAL IMAGE DISPLAY
2y 5m to grant Granted Nov 11, 2025
Patent 12393090
OPTICAL DEVICE
2y 5m to grant Granted Aug 19, 2025
Patent 8740359
CONTINUOUS INKJET PRINTING SYSTEM AND METHOD FOR PRODUCING SELECTIVE DEFLECTION OF DROPLETS FORMED FROM TWO DIFFERENT BREAK OFF LENGTHS
2y 5m to grant Granted Jun 03, 2014
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
21%
Grant Probability
3%
With Interview (-17.6%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 34 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