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 prior art documents submitted by applicant in the Information Disclosure Statements filed on November 09, 2023 have all been considered and made of record (note the attached copies of form PTO-1449).
Drawings
Twenty-one (21) sheets of drawings were filed on November 09, 2023.
Election/Restrictions
Applicant’s election without traverse of Species A (Figure 1A-1D) in the reply filed February 05, 2026 is acknowledged.
In the reply, Applicant indicated claim 1-20 correspond to the elected species A (Figures 1A-1D). However, claims 4 and 12 and 19 do not read on the elected species for the following reasons:
Claim 4(and its dependent claims 5-11) drawn to FIGs. 5A-C and 6A-B: To the optical guiding structure adjacent to the first optical component.
Claim 12 (and its dependent claims 13-16) drawn to FIGs. 5A-C and 6A-B: The optical guiding structure configured to couple an optical signal from the second optical component to the first optical component and further configured to direct the optical signal at least twice within an elevation range horizontally overlapped with the second optical component.
Claim 18 (and its dependent claims 19-20) drawn to FIGs. 5A-C and 6A-B where the optical guiding structure horizontally overlaps the first optical component and the second optical component
An attempted telephone call was made to Jianing G. Yu on April 15, 2026 and April 16, 2026 to request a confirmation of this election, no response to the telephone call was received.
Accordingly, claim 1-3 and 17 appear to read on the elected invention and will be examined. Claims 4-16 and 18-20 have been withdrawn from further consideration, pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention and/or Species. Affirmation of this election must be made by applicant in replying to this Office action.
Specification
Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Inventorship
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “…a second optical component supported by the first optical component…” and claim 3 recites “the first optical component comprises a photonic integrated circuit (PIC)…” Accordingly, the first optical component is identified as the photonic component 20 and the second optical component is identified as the light source module 10. However, the specification in paragraph [0030], recites “The photonic component 20 may be supported by the light source module 10.” This statement is not aligned with the claimed arrangement and the arrangement shown in drawing figures 1A-7C. Therefore, the specification does not provide adequate written description for the claimed reversal of structural support, failing to show possession of the invention.
Claims 2 and 3 inherently contain the deficiency of claim 1 as they depend on claim 1.
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 1-3 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 1 recites “…a second optical component supported by the first optical component…” and claim 3 recites “the first optical component comprises a photonic integrated circuit (PIC)…” However, the disclosure set forth in para [0030], “The photonic component 20 may be supported by the light source module 10.” The claim is indefinite because there is a conflict or inconsistency between the claimed subject matter and the specification disclosure that renders the scope of the claim uncertain. See MPEP 2173.03.
Claims 2 and 3 inherently contain the deficiency of claim 1 as they depend on claim 1.
For the purposes of examination, the examiner will interpret the structural relationship between the first and components as set forth in claim 1.
Claim Rejections - 35 USC § 102
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 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 1-3 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mahgerefteh et al. (EP4160833A1), hereafter Mahgerefteh.
Regarding claim 1, Mahgerefteh discloses an optoelectronic structure (FIG.27. Surface coupled system), comprising: a carrier(Par. [0133] Si Substrate); a first optical component (Si PIC 2704A) supported by the carrier (Par. [0133]: 2704A formed on a Si Substrate); and a second optical component (Laser 2702) supported by the first optical component (FIG. 27) and optically coupled to the first optical component (Par.[0133]: 2745B receives optical beam from 2745A of laser 2702).
Regarding claim 2, Mahgerefteh discloses the device of claim 1. Mahgerefteh further discloses the first optical component (Si PIC 2704A) comprises an optical receiving area (2745B) exposed by the second optical component (Laser 2702. FIG. 27. An optical receiving area is generally defined as the surface or region designed to capture or detect light., in this instance 2745B).
Regarding claim 3, Mahgerefteh discloses the device of claim 1. Mahgerefteh further discloses the first optical component (Si PIC 2704A) comprises a photonic integrated circuit (FIG. 27) including a waveguide (Par. [0133]: 2704A may include waveguide layers).
Regarding claim 17, Mahgerefteh discloses an optoelectronic structure(FIG.27. Surface coupled system), comprising: a first optical component (Si PIC 2704A); and a second optical component (Laser 2702) overlapped with the first optical component (FIG. 27), wherein the first optical component is configured to edge couple an optical signal from the second optical component (Par. [0131]:Surface coupled edge emitting laser. Par.[0132] optical beam coupled into 2704A).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Wu et al. (US20220179159A1) see the entire disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAJANAE N GREEN whose telephone number is (571)272-2188. The examiner can normally be reached Tues-Fri. 5:30a-3:30p.
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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.
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/TAJANAE NICOLE GREEN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
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