Prosecution Insights
Last updated: October 01, 2026
Application No. 18/506,154

PHOTONIC PACKAGE AND METHOD FOR FORMING THE SAME

Non-Final OA §102§103
Filed
Nov 10, 2023
Examiner
TRAN, HOANG Q
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
394 granted / 582 resolved
At TC average
Strong +33% interview lift
Without
With
+32.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
30 currently pending
Career history
612
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
61.8%
+21.8% vs TC avg
§102
29.8%
-10.2% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 582 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/24/2026 has been entered. 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. (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 8, 15, 22-24 are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent Application Publication to Huang (20190004247US). In terms of Claim 8, Huang teaches a method of producing a photonic package (Figure 1a-f), comprising: providing a first wafer (Figure 1e: bottom box) comprising a plurality of optical dies (See Figure 1e above: bottom box, having multiple dies in area of Figure 1a: 78 along the wafer [0040-0041])), wherein each of the optical dies comprise a front side and a back side opposite to the front side (Figure 1e: front and back side of bottom box); bonding the first wafer to a second wafer (Figure 1e: bottom box bonded to top box) comprising a plurality of electronic dies (54; [0041]), wherein each of the electronic dies comprise a front side and a back side opposite to the front side (Figure 1e: above front and back side of electronic die), and wherein the front side of each of the optical dies face the front side of each of the electronic dies (See Figure 1e: front and back side of electronic die), respectively; forming a grating coupler opening (see area of 52a) penetrating through a passivation layer and a die substrate of (Figure 1e: layer 46 is a passivation layer [0024]; the openings 52a-b penetrates through layer 46) each of the electronic dies (Figure 1e: see opening 52a-b penetrate through the top layer or red boxed area which the examiner considers as electronic die) and exposing the front side of each of the optical dies (see top surface of 40) of the first wafer (see bottom box area below); and dividing the bonded first wafer and second wafer into a plurality of photonic packages (Figure 1a: see area of 78). PNG media_image1.png 510 822 media_image1.png Greyscale In regards to claim 15, Huang teaches a semiconductor package structure (Figure 1a-f) comprising: a first die (Figure 1e below: bottom box), comprising: a first die substrate (Figure 1e: 12); a first interconnect structure (Figure 1a: 50 or Figure 1e below: “interconnect structure’) over the first die substrate (Figure 1a: 38 is over 12); a first dielectric layer (Figure 1a: 49 or 42; [0025]) over the first die substrate (Figure 1a: 42/49 and 12); and first conductive pads (Figure 1a: 48/50) embedded in the first dielectric layer (Figure 1a: 49/42 and 50); and a second die (Figure 1e: top box), comprising: a second die substrate (Figure 1e: 60 housing 54); a second interconnect structure (44) over the second die substrate (Figure 1a: the top box and bottom box are flip-chip bonded meaning the top box is flip on top of bottom box; Figure 1a orientation of the top box once flip upside down the orientation of 56/58 will be over substrate 60). This is similar to the 2 chip orientation as shown in Figure 6b of the applicant before bonding [See Figure 6b: 220 and 210] and after bonding [Figure 6c: at 220f and 210F]); a second dielectric layer (58) over the second die substrate (Figure 1e: 58 is over 60 in an upside down configuration, mainly portion 54 of substrate 60); and second conductive pads (Figure 1e: 56) embedded in the second dielectric layer (58 is a dielectric, although not disclosed it must be a dielectric otherwise all the electrical connections will short with each other, thus rendering the device inoperable); a grating coupler opening (Figure 1e: 52a-b) penetrating a passivation layer (Figure 1e: 52a penetrates through passivation layer 46 [0024]) and the second die substrate (Figure 1e: See 66a passing through second die or area 60) of the second die (top red box) and the first dielectric layer (Figure 1a: 52a penetrates through first dielectric layer 49, through passivation layer 46, and through the substrate 60 at the location of 66a); PNG media_image2.png 522 714 media_image2.png Greyscale PNG media_image3.png 507 698 media_image3.png Greyscale wherein the first dielectric layer (49) and the second dielectric layer (58), and the first conductive pads and the second conductive pads (48/50 and 56) are connected to each other respectively to form a bonding structure (Figure 1e: 48/49/50/56/58), and wherein one of the first die (Figure 1e: bottom box 12) and the second die (Figure 1e: bottom box containing an adjacent die contain 12) is an optical die (Figure 1e: bottom box is an optical die because it houses optical components such 34; ) and the other one of the first die (Figure 1e: top box containing 54) and second die (top box containing adjacent die 54) is an electronic die (Figure 1e: 78 contains an optical die and electronic die, a similar package adjacent contains the same optical and electronic die configurations). PNG media_image1.png 510 822 media_image1.png Greyscale PNG media_image4.png 456 772 media_image4.png Greyscale As for claims 22, Huang teaches the device of claim 15, wherein the first conductive pads are bonded to an aligned with the second conductive pads (48/50 and 58/56). As for claims 23, Huang teaches the device of claim 15, wherein the first conductive pads and the second pads comprises metal or metal alloy (]0024-0027]). As for claims 24, Huang teaches the device of claim 22, wherein at least one of the bonded first conductive pads (56 to 50) and second conductive pad is physically connected to the second interconnect structure (Figure 1e: 48/50). 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. Claims 1, 2, and 4-7, are rejected under 35 U.S.C. 103 as being unpatentable over the US Patent Application Publication to Huang (20190004247US) in view of the US Patent Application Publication to Chang (2021/0096310US) and further in view of the US Patent Application Publication to Chen 2020/0271860US. In terms of Claim 1, Huang teaches a method of producing a photonic package (Figure 1a-f), comprising: disposing a first wafer (See Figure 1e below: area in the bottom box) comprising a plurality of optical dies (Figure 1e below: area in the bottom box wherein adjacent dies located across the dotted line defined by area of 78; [0049]), extend over a carrier (Figure 1e: area of bottom box extend over 2), wherein each of the optical dies (Figure 1e: area of bottom box) comprise a front side (Figure 1e: top side of bottom box) and a back side opposite to the front side (Figure 1e: bottom side of bottom box), and wherein the front side of each of the optical dies face the carrier (Figure 1e below: wherein top side or front side of bottom box faces carrier 20 downward as depicted by dotted arrow point down towards 20); bonding the first wafer (Figure 1e: bottom box) to a second wafer (Figure 1e: top box) comprising a plurality of electronic dies (Figure 1e: 54 which is similar to 6 below wherein plurality of dies are present in each dotted line area of 10; [0040]) , wherein each of the electronic dies (54) comprise a front side (bottom side of 54) and a back side (top side of 54) opposite to the front side (Figure 1e: see front and back side of 54), and wherein the front side of each of the optical dies (top side of bottom box) face the back side of each of the electronic dies (Figure 1e below: see dotted arrow extending from top side of bottom box to top side of top box), respectively; removing the carrier from the first wafer (Figure 1f: wherein carrier 2 is remove; [0041]), and dividing the bonded first wafer and second wafer into a plurality of photonic packages ([0040-0041] and Figure 1e wherein each die package is cut or diced along dotted lines defining region 78 as shown in Figure 1a); forming a grating coupler opening on the front side of each of the optical dies of the first wafer (Figure 1E Below: See 52a or 52b which contains an open cavity on the top surface and extend downward). Huang does not teach wherein the front side of each of the electronic dies face the back side of each of the optical dies respectively. Chang does teach wherein the front side of each of the electronic dies face the back side of each of the optical dies respectively ([0065]). PNG media_image1.png 510 822 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the orientation of die to be stacked on top of each other in face to back configuration in order to reduce long wiring or conductor traces or vias. This reduces the heat and improves transmission efficiency but reducing the length of the transmission medium. Base on the orientation of the electrical lines one would be motivated to use face to back to optimize the coupling length of the transmission lines for the electronic package and improve power consumption. Huang / Chang do not tech “wherein the grating coupler opening has a bottom over the front side of the electronic die”. Chen does teach wherein the grating coupler opening has a bottom over the front side of the electronic die (See Figure 9 below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the grating coupler opening with a bottom surface to be over the front side of the electronic die. This orientation allows for vertical coupling of input /output fibers from the vertical or top surface of the electronic dies. Having the orientation to be compatible of vertical oriented input/output ports allows the PIC to be compatible with devices that rely designed with vertical coupling location. PNG media_image5.png 300 674 media_image5.png Greyscale As for Claim 2, Huang/ Chang / Chen teaches the method of Claim 1, Huang further teaches comprising forming at least one through-via (Figure 1a: 14/46) penetrating each of the optical dies (Figure 1a below: bottom box area) of the first wafer from the back side to the front side (Figure 1a: 14/44). PNG media_image1.png 510 822 media_image1.png Greyscale As for Claim 4, Huang/ Chang / Chen teaches the method of Claim 1, wherein Huang teaches the bottom of the grating coupler opening is over an insulation layer of the optical die (Figure 1e: 40 is made of a dielectric material which the examiner considers as an insulating material [0023]). As for Claim 5, Huang/ Chang / Chen teaches the method of Claim 1, wherein Huang teaches the bonding of the first wafer to the second wafer (Figure 1a: top and bottom box) further comprises: forming a first bonding structure over the back side (Figure 1a: 48 and 50) of each of the optical dies and a second bonding structure (Figure 1b: 56 and 58) over the front side of each of the electronic dies (Figure 1a: the top box and bottom box are flip-chip bonded meaning the top box is flip on top of bottom box; Figure 1a orientation of the top box once flip upside down the orientation of 56/58 will over the back side. This is similar to the 2 chip orientation as shown in Figure 6b of the applicant before bonding [See Figure 6b: 220 and 210] and after bonding [Figure 6c: at 220f and 210F]); and bonding the first bonding structure with the second bonding structure (Figure 1a: 48/50 is bonded to 56/58 in Figure 1b), wherein the first bonding structure (48/50) comprises a plurality of first conductive pads (Figure 1a: 50 or 48 are considered pads by the examiner) embedded in a first dielectric layer (46 or 49) and the second bonding structure (56/58) comprises a plurality of second conductive pads (56) embedded in a second dielectric layer (58 is a dielectric, although not disclosed it must inherently be a dielectric otherwise all the electrical connections with short with each other; hence rendering the device inoperable). As for Claim 6, Huang/ Chang / Chen teaches the method of Claim 5, wherein Huang teaches bonding the first bonding structure (Figure 1a: 48/50) with the second bonding structure (56/58) comprises bonding the plurality of first conductive pads (48/50) with the plurality of second conductive pads (56), respectively (Figure 1a: 48/50 and Figure 1b: 50/56). As for Claim 7, Huang/ Chang / Chen teaches the method of Claim 1, wherein Huang teaches the through-via (Figure 1a: 14/44) is coupled to at least one of the pluralities of the bonded first and second conductive pads (Figure 1a: 44 is coupled to 48). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the US Patent Application Publication to Huang (2019/0004247US) in view of the US Patent Application Publication to Chang (2021/0096310US) / US Patent Application Publication to Chen 2020/0271860US as applied to claim 1 above, and further in view of the US Patent to Alapati (11,107,799US). In regards to Claim 3, Huang / Chang / Chen teaches the method of Claim 2. Huang / Chang / Chen do not teach thinning down the first wafer or optical die prior to forming the at least one through-via. Alapati does teach wherein the PIC or EIC are thinned to obtain a thinner smaller form factor device along the heigh dimension (Column 9, lines 20-55). It would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to modify the method of Huang wherein a thinning step is performed on the 1st wafer or the optical die in order to produce a thinner package (Alapati Column 9, lines 20-55), which will produce a smaller device footprint along the height dimension. Huang / Chang / Chen / Alapati does not teach the thinning process is performed before the vias are formed. However, the examiner considers this to be an obvious modification in view of KSR “obvious to try” rationale wherein the finite number of solutions are two choices. One can thin out the device before the via formation or after the via formation. The examiner considers the act of thinning out the desire thickness of the electronic die to be obvious because it would prevent debris from entering the via due the thinning / grinding or polishing act that is requires with thinning out the electronic die which may leads to blockage of unwanted debris in the through vias. It would have been obvious to one of ordinary skill in the art before the effective filing date of to modify the method of Huang / Liu to perform the thinning out process prior to forming the through via in order to prevent unwanted debris from entering the through via passageway and block the via during manufacturing (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007)). Claims 9, 10, 12-14, and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Huang (2019/0004247US) in view of the US Patent Application Publication to Liu 2021/0166991US. In regards to Claims 9, and 19-20, Huang teaches the method of claim 8 and the device of claim 15; wherein a grating coupler is located on the 1st substrate (Figure 1a: 34 and 12). Huang does not teach the method further comprising forming at least one through-via penetrating each of the electronic dies of the second wafer from the back side to the front side; and comprising a through-via penetrating the second die structure and physically connecting the second interconnect structure. Liu does teach a method of making a photonic chip (Figure 5: see below wherein through via (Through Silicon Vias or TSV) extend through the layer housing the electronic device (Figure 5: electronic die) further comprising forming at least one through-via penetrating each of the electronic die (electronic die) of the second wafer from the back side to the front side (Figure 5: 2nd wafer or 2nd layer); and comprising a through-via penetrating (Figure 5: TSV) the second die (Figure 5: electronic die) structure and physically connecting the second interconnect structure (Figure 5: below interconnect layer between each dies). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the TSV at 44 to extend through the electronic die in order to stack additional dies such as other photonic or electronic dies for large scale applications to support more connections. PNG media_image6.png 248 506 media_image6.png Greyscale Regarding claim 10 and 21, Huang / Liu teaches the method of Claim 9, wherein Huang teaches further comprising thinning down the second wafer ([0066]) wherein the grating coupler opening is formed after the thinning down the second wafer (See Figure 1e: wherein the opening requires 52a and 66a to have thickness predetermined before they are stacked on top of each to form the opening area of 52a/66a). Huang / Chen and Liu do not teach thinning prior to forming the at least one through-via. However, the examiner considers this to be an obvious modification in view of KSR “obvious to try” rationale wherein the finite number of solutions are two choices. One can thin out the device before the via formation or after the via formation. The examiner considers the act of thinning out the desire thickness of the electronic die to be obvious because it would prevent debris from entering the via due the thinning / grinding or polishing act that is requires with thinning out the electronic die which may leads to blockage of unwanted debris in the through vias. It would have been obvious to one of ordinary skill in the art before the effective filing date of to modify the method of Huang / Liu to perform the thinning out process prior to forming the through via in order to prevent unwanted debris from entering the through via passageway and block the via during manufacturing (KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007)). In regards to claim 12, Huang / Liu teaches the method of claim 9, wherein Huang teaches wherein the bonding of the first wafer (Figure 1e: bottom box) to the second wafer (Figure 1e: top box) further comprises: forming a first bonding structure over the front side of each of the optical dies (Figure 1a: 48 and 50 over top side of bottom box shown in Figure 1e) and a second bonding structure (Figure 1b: 56/58) over the front side of each of the electronic dies (Figure 1a: the top box and bottom box are flip-chip bonded meaning the top box is flip on top of bottom box; Figure 1a orientation of the top box once flip upside down the orientation of 56/58 will over the back side. This is similar to the 2 chip orientation as shown in Figure 6b of the applicant before bonding [See Figure 6b: 220 and 210] and after bonding [Figure 6c: at 220f and 210F]); and bonding the first bonding structure (Figure 1a: 48/50) with the second bonding structure (Figure 1b: 58/56), wherein the first bonding structure comprises a plurality of first conductive interconnect (Figure 1a: 48 or 50 are pads) embedded in a first dielectric layer (Figure 1a: 46 or 49) and the second bonding structure (Figure 1b: 56/ 58) comprises a plurality of second conductive pads (56) embedded in a second dielectric layer (58 is a dielectric, although not disclosed it must be a dielectric otherwise all the electrical connections with short with each other, thus rendering the device inoperable). In regards to claim 13, Huang / Liu teaches the method of claim 12, wherein Huang teaches wherein bonding the first bonding structure (Figure 1a: 48/50) with the second bonding structure (Figure 1b: 56/58) comprises bonding the plurality of first conductive pads (48 or 50) with the plurality of second conductive pads (56), respectively (via 58). In regards to claim 14, Huang / Liu teaches the method of claim 13, wherein Huang teaches wherein the through-via (44/14) is coupled to at least one of the pluralities of the bonded first and second conductive pads (Figure 1a: 44 is coupled 48/50 which is coupled to 56). Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection is made in view of different interpretation of the previously applied reference to Huang.. Newly amend limitations to Claim 1 have been rejected in view of the prior art to Chen as detailed above. In regards to Claim 8, applicant argues the prior art of Huang does not teach the newly amended limitations of “forming a grating coupler opening penetrating through a passivation layer and a die substrate of” as recited in Claim 8. The examiner has re-interpreted the prior art of Huang, wherein Huang does teach “forming a grating coupler opening (see area of 52a) penetrating through a passivation layer and a die substrate of (Figure 1e: layer 46 is a passivation layer [0024]; the openings 52a-b penetrates through layer 46)”. PNG media_image2.png 522 714 media_image2.png Greyscale PNG media_image3.png 507 698 media_image3.png Greyscale In regards to Claim 15, the applicant also argues the prior art of Huang does not teach the newly amended of “a grating coupler opening penetrating a passivation layer and the second die substrate of the second die (top red box) and the first dielectric layer” as recited in Claim 15. The examiner respectfully disagrees, the newly amended limitations have been rejected over the prior art of Huang base on a new interpretation. Huang teaches a grating coupler opening (Figure 1e: 52a-b) penetrating a passivation layer (Figure 1e: 52a penetrates through passivation layer 46 [0024]) and the second die substrate (Figure 1e: See 66a passing through second die or area 60) of the second die (top red box) and the first dielectric layer (Figure 1a: 52a penetrates through first dielectric layer 49, through passivation layer 46, and through the substrate 60 at the location of 66a). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication to Weng 2022/0365286US teaches an optical photonic circuit wherein multiple dies are bonded to each other via a stack configuration. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday. 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 5712722397. 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. /HOANG Q TRAN/Examiner, Art Unit 2874 /UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
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Prosecution Timeline

Nov 10, 2023
Application Filed
Dec 05, 2025
Non-Final Rejection mailed — §102, §103
Mar 05, 2026
Response Filed
Apr 06, 2026
Final Rejection mailed — §102, §103
Jun 08, 2026
Response after Non-Final Action
Jun 24, 2026
Response after Non-Final Action
Jun 24, 2026
Request for Continued Examination
Jul 13, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+32.7%)
3y 1m (~2m remaining)
Median Time to Grant
High
PTA Risk
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