Prosecution Insights
Last updated: July 05, 2026
Application No. 18/444,411

PHOTONIC DEVICES WITH POLARIZATION-BASED WAVELENGTH COMBINING

Non-Final OA §103
Filed
Feb 16, 2024
Examiner
RAHLL, JERRY T
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Intel Corporation
OA Round
1 (Non-Final)
90%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 90% — above average
90%
Career Allowance Rate
1115 granted / 1243 resolved
+21.7% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
24 currently pending
Career history
1271
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
73.2%
+33.2% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1243 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statements (IDS's) submitted comply with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement; please see attached forms PTO-1449. Drawings The drawings submitted have been reviewed and determined to facilitate understanding of the invention. The drawings are accepted as submitted. Claim Rejections - 35 USC § 103 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 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. 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 and 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. US 2015/0177526 A1 to Zhang et al. (“US1”). Regarding Claims 1, 15, and 16, US1 describes a photonic device (see Figs 7), comprising: multiplexer circuitry (Collimation lens, Reflector, Isolator, see Fig 7) controllable to output a first optical signal (combination of outputs from LD3 and LD4) and a second optical signal (combination of outputs from of LD1 and LD2) based on optical signals of N wavelengths, wherein N is an integer greater than 2, the first optical signal includes a first subset of the N wavelengths, the second optical signal includes a second subset of the N wavelengths, and the first subset and the second subset are complementary subsets of the N wavelengths (see [0027], [0047]); a combiner (PBC, see Fig 7); a first connection between the multiplexer circuitry and the combiner (see Fig 7); and a connection between the multiplexer circuitry and the combiner (see Fig 7), wherein the combiner is controllable to: change a polarization of the first optical signal from a first polarization to a second polarization, different from the first polarization (see [0047]), and after changing the polarization of the first optical signal, combine the first optical signal and the second optical signal to provide a combiner output signal, wherein the second optical signal within the combiner output signal has the first polarization (see [0047]). US1 does not describe a first bus or a second bus coupled between the multiplexer circuitry and the combiner, to support propagation of the first optical signal or second optical signal, respectively, from the multiplexer circuitry to the combiner or a substrate where the first bus, the second bus, the combiner, and the multiplexer circuitry are on the substrate. It is well-known in the art that free space optical systems may be alternately formed in an integrated manner using optical buses, combiners, the multiplexer circuitry on a substrate such that the buses support propagation of optical signals between system components. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the system of US1 as an integrated system using a substrate with buses to support propagation of the first optical signal or second optical signal from the multiplexer circuitry to a combiner, where the buses, combiner, and waveguide circuitry. The motivation for doing so would have been to make a simple substitution of one known element (physical structures on a substrate) for another (free space elements) to obtain predictable results. Regarding Claim 9, US1 further describes a plurality of lasers controllable to provide the optical signals of N wavelengths (see [0048]). US1 is silent as to the types of lasers used. Distributed feedback lasers and distributed Bragg reflector lasers are well-known in the art as optical signals used in photonic devices. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a distributed feedback laser or distributed Bragg reflector laser for one of the lasers of US1. The motivation for doing so would have been to make a simple substitution of one known element for another to obtain predictable results. Regarding Claim 10, US1 further describes the first polarization as substantially orthogonal to the second polarization (see [0047]). Regarding Claims 11 and 12, US1 is silent nature of the first and second polarizations. It is well known in the art that polarizations of optical signals used with reflectors, isolators, or half-wave plates as described by US1 (see [0047]) may be horizontal and vertical or generally linear. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use horizontal/vertical and/or linear polarization for the first and second polarization of US1. The motivation for doing so would have been to make use of a known technique for improving similar devices in the same way. Regarding Claims 13, US1 is silent as to the relative nature between the N wavelengths and the subsets. It is well-known in the art that the wavelengths comprising a multiplex signal may be generally arranged in any manner desirable during the multiplexing process. Common examples of such arrangements include interleaved wavelengths, band arrangements, and random ordering. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the device of US1 such that the N wavelengths are arranged in a sequence that is either an ascending sequence or a descending sequence, one of the first subset and the second subset includes odd wavelengths of the sequence and another one of the first subset and the second subset includes even wavelengths of the sequence. The motivation for doing so would have been as an "obvious to try" choice from a finite number of identified, predictable solutions, with a reasonable expectation of success. Regarding Claims 14, US1 is silent as to the relative nature between the N wavelengths and the subsets. It is well-known in the art that the wavelengths comprising a multiplex signal may be generally arranged in any manner desirable during the multiplexing process. Common examples of such arrangements include interleaved wavelengths, band arrangements, and random ordering. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the device of US1 such that one of the first subset and the second subset includes wavelengths that are lower than lowest wavelength of another one of the first subset and the second subset. The motivation for doing so would have been as an "obvious to try" choice from a finite number of identified, predictable solutions, with a reasonable expectation of success. Regarding Claim 17, US1 describes a photonic device (see Fig 7), comprising: combiner circuitry (PBC) having a first input, a second input, and an output (see [0047]); a first connection to the first input of the combiner circuitry; a second connection to the second input of the combiner circuitry; and a third bus (optical fiber, see [0047]) coupled to the output of the combiner circuitry, wherein the combiner circuitry is to: receive a first optical signal (combination of outputs from LD3 and LD4, see [0047], Fig 7), receive a second optical signal (combination of outputs from LD3 and LD4), wherein the first optical signal and the second optical signal have a first polarization (see [0047], Fig 7), change polarization of the second optical signal to a second polarization, different from the first polarization (see [0047]), provide a combiner output signal by combining the first optical signal of the first polarization and the second optical signal of the second polarization (see [0047]), and provide the combiner output signal to the third bus (see [0047], Fig 7). US1 does not describe a first bus or a second bus coupled to respective inputs of the combiner circuitry. It is well-known in the art that free space optical systems may be alternately formed in an integrated manner using optical buses connected to inputs of system components. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the system of US1 as an integrated system using buses connected to the inputs of the combiner circuitry. The motivation for doing so would have been to make a simple substitution of one known element (buses) for another (free space paths) to obtain predictable results. Regarding Claim 18, US1 further describes: the first optical signal as a multi-wavelength signal comprising a first subset of N wavelengths (see [0047]), the second optical signal as a multi-wavelength signal comprising a second subset of the N wavelengths (see [0047]), and the first subset and the second subset are disjoint subsets (see [0008], [0019], [0047]). Regarding Claims 19-20, US1 describes a microelectronic assembly (see Fig 7), comprising: a system (see Fig 7); wherein the system includes: a first optical path (see Fig 7) for propagation of a first multi-wavelength optical signal (combination of LD3 and LD4), a second optical path (see Fig 7) for propagation of a second multi-wavelength optical signal (combination of LD1 and LD2), a third optical path (see Fig 7) for propagation of a third multi-wavelength optical signal (output from PBC), and a combiner (PBC) to: receive the first multi-wavelength optical signal from the first optical path (see [0047, Fig 7), receive the second multi-wavelength optical signal from the second optical path (see [0047, Fig 7), and provide to the third optical path the third multi-wavelength optical signal (see [0047, Fig 7), wherein the third multi-wavelength optical signal is a combination of the first multi-wavelength optical signal having a first polarization and the second multi-wavelength optical signal having a second polarization, different from the first polarization (see [0047]). US1 does not describe a die that includes first, second and third waveguides and the combiner. It is well-known in the art that free space optical systems may be alternately formed in an integrated manner using optical waveguides and combiners on a die such that the waveguides support propagation of optical signals between system components, and that such dies may be coupled to further components such as package substrates, circuit boards, or interposers to allow for electrical control of the die. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to form the system of US1 as an integrated system using a die with waveguides in place of the optical paths, where the die is coupled to a package substrate, circuit board, or interposer to provide electrical control or power to the lasers of the system. The motivation for doing so would have been to make a simple substitution of one known element (physical structures in a die) for another (free space elements) to obtain predictable results. Allowable Subject Matter Claims 2-8 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. Claim 2 describes: a first set of one or more modulators controllable to apply modulation to the first optical signal before the first optical signal reaches the combiner; and a second set of one or more modulators controllable to apply modulation to the second optical signal before the second optical signal reaches the combiner. Claim 7 describes: optical amplifier circuitry controllable to amplify the first optical signal before the first optical signal reaches the combiner or to amplify the second optical signal before the second optical signal reaches the combiner. These limitations represent subject matter not described or reasonably suggested, in conjunction with the further limitations of the present claims, by the prior art of record. Claims 3-6 depend from Claim 2 and therefore contain at least the same allowable subject matter. Claim 8 depends from Claim 7 and therefore contain at least the same allowable subject matter. Conclusion The prior art cited in the attached form PTO-892 are made of record and considered pertinent to applicant's disclosure. The cited prior art described photonic devices including optical combiners and/or optical polarization changing means. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY RAHLL whose telephone number is (571)272-2356. The examiner can normally be reached M-F 9:00am-5:00pm. 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. /JERRY RAHLL/Primary Examiner, Art Unit 2874
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Prosecution Timeline

Feb 16, 2024
Application Filed
May 14, 2026
Non-Final Rejection mailed — §103 (current)

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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
90%
Grant Probability
98%
With Interview (+8.4%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1243 resolved cases by this examiner. Grant probability derived from career allowance rate.

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