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 species b, c, and f, claims 1, 2, 5, 8, 10, 11, 13, 14, 21, 22, 25, and 26, in the reply filed on 16 June 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)).
Claims 3, 4, 6, 7, 9, 12, 23, and 24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 16 June 2026.
Information Disclosure Statement
Information disclosure statement filed 26 December 2024 has been fully considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claims 8, 10, and 26, “forming an electrode to the non-etched region,” “bonding the non-linear material to an optical device, wherein the forming electrodes forms the electrodes at least partially into the optical device,” and, “the non-linear material shares a bonding interface with the optical device,” respectively must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendments to the specification were received on 29 December 2025. These amendments to the specification are acceptable.
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.
The following title is suggested: ING AN OPTICAL DEVICE.
Claim Objections
Claim 10 is objected to because of the following informalities:
Claim 10 recites the limitation, “wherein the forming electrodes forms the electrodes at least partially into the optical device.” This appears to contain typographical errors. Claim 8, off which the claim depends, recites, “forming an electrode [singular] to the non-etched region.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8, 10, 11, 13, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation, “forming an electrode to the non-etched region.” It is unclear how the electrode (603 and 1701) is formed to the non-etched region (403). As best understood by Examiner, and for the purposes of applying art, the electrode (603 and 1701) is formed to the etched region (405) as shown in FIGs. 7 and 17.
Claims 10, 11, 13, and 14 are rejected for merely containing the flaws of the parent claim.
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 21, 22, 25, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kharel et al. (US Patent Application Publication 2021/0157177, hereinafter Kharel ‘177).
With respect to claim 21, Kharel ‘177 teaches (FIG. 1B) a method of manufacturing an optical device as claimed, the method comprising:
forming a non-linear material (112 and 114 are formed of LiNbO3) over a substrate (101) ([0048, 0057-0058]);
forming a first electrode (120’) adjacent to a first side of the non-linear material (112 and 114) ([0063]); and
forming a second electrode (130’) adjacent to a second side of the non-linear material (112 and 114) ([0063]).
With respect to claim 22, Kharel ‘177 teaches wherein the forming the non-linear material (112 and 114) forms LiNbO3 ([0048, 0058]).
With respect to claim 25, Kharel ‘177 teaches (FIG. 13D) further comprising a via (portion of first electrode 1320D below top surface of portion of non-linear material 1314D) electrically connected to the first electrode (portion of first electrode 1320D above top surface of portion of non-linear material 1314D), the via extending from a first side of a bonding interface to a second side of the bonding interface ([0101]).
With respect to claim 26, Kharel ‘177 teaches wherein after the forming the non-linear material the non-linear material (112 and 114) shares a bonding interface with the optical device (101, 112, and 114 as waveguide 110’; when 112 and 114 are bonded to substrate 101, they together form an optical waveguide device 110’ sharing a bonding interface) ([0063]).
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.
Claims 1, 2, 8, 10, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kharel ‘177 in view of Gill et al. (US Patent 6,172,791, hereinafter Gill ‘791).
With respect to claim 1, Kharel ‘177 teaches (e.g. FIG. 1B) a method of manufacturing an optical device substantially as claimed, the method comprising:
depositing a non-linear material (112 and 114 are formed of LiNbO3) ([0048, 0058]);
removing a region (etching waveguide 110’) over a first portion (exposed portions of 114) of the non-linear material (112 and 114) ([0060, 0147]); and
forming an electrode (120’ and 130’) to the first portion (exposed portions of 114) ([0063]).
Thus, Kharel ‘177 is shown to teach all the features of the claim with the exception of:
forming an implantation region within the non-linear material;
wherein the region is the implantation region.
However, Gill ‘791 teaches (FIGs. 14-19) a method of manufacturing an optical device comprising forming an implantation region (65 and 68) within a non-linear material (60 is formed of LiNbO3); and removing the implantation region to damage portions of the non-linear material to allow for selective etching (col. 5, ln. 23-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the method of manufacturing an optical device of Kharel ‘177 further comprising forming an implantation region within the non-linear material, wherein the region is the implantation region as taught by Gill ‘791 to damage portions of the non-linear material to allow for selective etching.
With respect to claim 2, Kharel ‘177 teaches wherein the non-linear material (112 and 114) is LiNbO3 ([0048, 0058]).
With respect to claim 8, as best understood by Examiner, Kharel ‘177 teaches (e.g. FIG. 1B) a method of manufacturing a semiconductor device substantially as claimed, the method comprising:
depositing a non-linear material (112 and 114 are formed of LiNbO3) onto a substrate (101) ([0048, 0057-0058]);
etching a first region (etching waveguide 110’) and leaving a non-etched region (exposed portions of 114; see interpretation provided in the 35 U.S.C. 112(b) rejection of the claim) ([0060, 0147]); and
forming an electrode (120’ and 130’) to the non-etched region (exposed portions of 114; see interpretation provided in the 35 U.S.C. 112(b) rejection of the claim) ([0063]).
Thus, Kharel ‘177 is shown to teach all the features of the claim with the exception of modifying an etching characteristics of a first region of the non-linear material.
However, Gill ‘791 teaches (FIGs. 14-19) a method of manufacturing an optical device comprising modifying an etching characteristics of a first region (65 and 68) of a non-linear material (60 is formed of LiNbO3) to damage portions of the non-linear material to allow for selective etching (col. 5, ln. 23-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the method of manufacturing an optical device of Kharel ‘177 further comprising modifying an etching characteristics of a first region of the non-linear material as taught by Gill ‘791 to damage portions of the non-linear material to allow for selective etching.
With respect to claim 10, Kharel ‘177 teaches further comprising prior to the modifying the etching characteristics, bonding the non-linear material (112 and 114) to an optical device (101, 112, and 114 as waveguide 110’; when 112 and 114 are bonded to substrate 101, they together form an optical waveguide device 110’), wherein the forming electrodes forms the electrodes (120’ and 130’) at least partially into the optical device ([0063]).
With respect to claim 11, Kharel ‘177 and Gill ‘791 teach the method as described in claim 8 above, but primary reference Kharel ‘177 does not explicitly teach the additional limitation wherein the modifying the etching characteristics further comprises implanting a first dopant into the first region.
However, Gill ‘791 teaches (FIGs. 14-19) modifying etching characteristics further comprising implanting a first dopant (“ion implant”) into the first region (65 and 68) to damage portions of the non-linear material to allow for selective etching (col. 5, ln. 23-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the modifying the etching characteristics of Kharel ‘177 and Gill ‘791 further comprising implanting a first dopant into the first region as taught by Gill ‘791 to damage portions of the non-linear material to allow for selective etching.
With respect to claim 14, Kharel ‘177 teaches wherein the non-linear material (112 and 114) is lithium niobate ([0048, 0058]).
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kharel ‘177 and Gill ‘791 as applied to claims 1 and 11 above, and further in view of Luo et al. (Chinese Patent Application Publication 110011631, hereinafter Luo ‘631).
With respect to claims 5 and 13, Kharel ‘177 and Gill ‘791 teach the method as described in claims 1 and 11 above with the exception of the additional limitations wherein the forming the implantation region implants arsenic; and wherein the first dopant is arsenic.
However, Luo ‘631 teaches implanting arsenic to form a damage layer in a lithium niobate non-linear material ([0090]). Further, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) and In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). See MPEP 2144.07.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have practiced the method of manufacturing an optical device of Kharel ‘177 and Gill ‘791 wherein the forming the implantation region implants arsenic; and wherein the first dopant is arsenic as taught by Luo ‘631 to form a damage layer in a lithium niobate non-linear material.
Conclusion
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/C.M.R./Examiner, Art Unit 2893
/SUE A PURVIS/Supervisory Patent Examiner, Art Unit 2893
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