Prosecution Insights
Last updated: April 19, 2026
Application No. 18/463,710

OPTICAL DEVICES

Final Rejection §112
Filed
Sep 08, 2023
Examiner
CHIEM, DINH D
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
388 granted / 535 resolved
+4.5% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
46 currently pending
Career history
581
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.8%
+12.8% vs TC avg
§102
35.7%
-4.3% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 535 resolved cases

Office Action

§112
DETAILED ACTION This office action is in response to applicant’s amendment filed on January 20, 2026. Claims 1-15 and 17-21 are under consideration. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because: the replacement drawing of Fig. 5 filed on January 20, 2026 did not remedy the duplicate reference characters designated to different structures. The drawings objection is maintained. PNG media_image1.png 519 896 media_image1.png Greyscale Reference character “505” has been used to designate both “second contacts” (Spec Para [0059]) and “external connections” (Spec Para [0060]). Reference character “507” has been used to designate both “a fourth metallization layer” (Spec Para [0059] and Fig. 5) and “first optical structure” (Spec Para [0061] and Fig. 5). Reference character “509” has been used to designate both “third TDVs” (Spec Para [0059]) and “second optical structure” (Spec Para [0061]). Reference character “511” has been used to designate both “fifth bond pads (Spec Para [0060]) and “third optical structure” (Spec Para [0061]). Corrected drawing sheets (Specification descriptors) 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. 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. 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. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 17-19 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 17 recites—wherein the interposer structure comprises a second capacitor—and claim 15 recites—a second capacitor between the second semiconductor device and the interposer structure. As claimed, the second capacitor cannot be a part of the interposer structure since it is disposed between the semiconductor device and the interposer structure and defined in claim 15. Therefore, claim 17 is not further narrowing the limitations of claim 15. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Allowable Subject Matter Claims 1-15, and 20-21 are allowed. The following is an examiner’s statement of reasons for allowance: the prior arts of record do not teach the inventions of claim 1, 8 and 15. Claim 1. A semiconductor device comprising: a first optical structure comprising: a first active layer of first optical components; a first metallization layer over the first active layer; a first capacitor located within the first metallization layer; a first bond layer over the first metallization layer; and a first semiconductor device bonded to the first bond layer; a second optical structure comprising: a second active layer of second optical components :a second metallization layer over the second active layer; a second capacitor located within the second metallization layer: a second bond layer over the second metallization layer: and a second semiconductor device bonded to the second bond layer; a capacitor structure bonded to both the first optical structure and the second optical structure, wherein the first capacitor is between the first semiconductor device and the capacitor structure and wherein the second capacitor is between the second semiconductor device and the capacitor structure, the capacitor structure comprising: a third semiconductor substrate; a deep trench capacitor extending in to the semiconductor substrate: and a third metallization layer over the third semiconductor substrate, the third metallization layer comprising third optical components. Claim 8. A semiconductor device comprising: a capacitor structure comprising: a semiconductor substrate; and a deep trench capacitor extending into the semiconductor substrate; a first optical device comprising: a first semiconductor device bonded to a first bond layer; a first metallization layer on an opposite side of the first bond layer from the first semiconductor device; a first active layer of first optical components on an opposite side of the first metallization layer from the first bond layer; and a first capacitor between the first semiconductor device and the capacitor structure; and a second optical device comprising: a second semiconductor device bonded to a second bond layer; a second metallization layer on an opposite side of the second bond layer from the second semiconductor device; a second active layer of second optical components on an opposite side of the second metallization layer from the second bond layer; and a second capacitor between the second semiconductor device and the capacitor structure. Prior arts to Jeng et al. (US 2021/0159182 A1) teaches bonding the deep trench capacitor die (50A, large rectangular block) is bonded to the front side of the redistribution structure (122) and the back side of another redistribution structure (106) shown in Fig. 8. Jeng also teaches the substrate (203) as shown in Fig. 2A may comprise an active layer of a silicon-on-insulator substrate (Para [0028]). However, Jeng does not teach a first optical structure…, a second optical structure…, a capacitor structure bonded to both the first optical structure and the second optical structure, wherein the first capacitor is between the first semiconductor device and the capacitor structure and wherein the second capacitor is between the second semiconductor device and the capacitor structure, the capacitor structure comprising: a third semiconductor substrate; a deep trench capacitor extending in the semiconductor substrate and a third metallization layer over the third semiconductor substrate, the third metallization layer comprising third optical components. Claim 8 is allowed for the similar reasons that the prior arts of record do not teach all the structures of the invention as amended. Claim 15 is allowed. See reasons of allowance in Non-final rejection (mailed September 17, 2025). PNG media_image2.png 404 589 media_image2.png Greyscale Dependent claims 2-7, 9-14, and 20-21 are allowed by virtue of depending on the respective independent claims 1, 8, and 15. Thus, with no teaching from the prior art, and without the benefit of applicant's teachings, there is no motivation for one of ordinary skill in the art to combine/modify the prior art of record in a manner so as to create the claimed invention. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Erin D Chiem whose telephone number is (571)272-3102. The examiner can normally be reached 10 am - 6 pm. 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, Thomas A. Hollweg can be reached at (571) 270-1739. 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. /ERIN D CHIEM/Examiner, Art Unit 2874 /THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Sep 08, 2023
Application Filed
Sep 13, 2025
Non-Final Rejection — §112
Jan 20, 2026
Response Filed
Feb 07, 2026
Final Rejection — §112
Apr 15, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
90%
With Interview (+17.5%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 535 resolved cases by this examiner. Grant probability derived from career allow rate.

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