Prosecution Insights
Last updated: August 16, 2026
Application No. 18/537,495

ALL-INTEGRATED PHOTONIC TRANSCEIVER WITH A COMMON APERTURE

Final Rejection §103
Filed
Dec 12, 2023
Priority
Dec 12, 2022 — provisional 63/432,007
Examiner
WOODS, BRANDON SEAN
Art Unit
2845
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
California Institute of Technology
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
93 granted / 111 resolved
+15.8% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
18 currently pending
Career history
127
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
13.6%
-26.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 111 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 . Response to Arguments Applicant's arguments filed February 24th, 2026 have been fully considered but they are not persuasive. Applicant argues on page 8, that the prior art of Hosseini teaches that the phase shifters are external to the pixels. However, the examiner disagrees. The embodiment relied upon to teach the phase shifters, seen if figure 4a for example, shows the phase shifters (402) within each pixel (401). Further, the applicant argues that Bao does not disclose a “wavefront comprising any arbitrary superposition of sinewaves having different phases and/or amplitudes”. Again, the examiner respectfully disagrees. Bao, in para. 0116, clearly discloses “several examples of subwavelength structures (sometimes also referred to as nanostructures) used for metasurface-based optics (e.g., Metalenses). These nanostructures can be nanoslits, nanorods, nanodisks, etc. The nanostructures are specifically configured to resonate with incident light at specific wavelengths and angles. Metasurface-based optics (e.g., Metalenses), as described in more detail below, can enable phase modulation of the incident light. The resonant interaction between the subwavelength structures and incident light leads to the manipulation of the phase of the light waves. By controlling the phase, metasurface-based optics (e.g., Metalenses) can redirect or focus the light, enabling the creation of any desired wavefronts (e.g., wavefronts to converge light or any complex wavefronts)”. A person of ordinary skill in the art would consider this to be an equivalent teaching. Furthermore, the use of metasurfaces/subwavelength structures to modify EM waves is well known within the art and would be obvious to a person of ordinary skill. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 8, 1, 3, 6, 10-14, 21, 9, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini et al. (US 11448736 B2), herein referred to as Hosseini. Regarding claim 8, Hosseini discloses a transceiver aperture, comprising a plurality (array 101) of pixels (105), wherein each of the pixels further comprises: the Tx ports comprising a first Tx port; a second Tx port; and a third Tx port (while each input and/or output port within each pixel, and the overall system is not always specifically numerated, they are represented by the pathways, such as 213, 214, 215, for example), the third Tx port (215 to radiator) connected to a photonic radiator (210) via the first Tx port and the second Tx port (see figs. 2c-2d for pathways); a first splitter (212) connecting the third Tx port to a first Tx waveguide (path for 215) and a second Tx waveguide (path for 214); the Rx ports comprising a first Rx port; a second Rx port; and a third Rx port (same as with the Tx ports, the individual ports are not always assigned specific numerations, but are at least represented by the pathways, such as 213, 214, 215, for example), the third Rx port connected to the photonic radiator (210) via the first Rx port and the second Rx port (see figs. 2c-2d); a second splitter (201) connecting the third Rx port to a first Rx waveguide (207) and a second Rx waveguide (208). The embodiment of Hosseini relied upon does not disclose a first phase shifter, the first Tx waveguide connecting the first phase shifter between the first splitter and the first Tx port; and a second phase shifter, the first Rx waveguide connecting the second phase shifter between first Rx port and the second splitter. However, Hosseini does further disclose multiple phase shifters (402), to tune a phase of each arm (col. 6, lines 60-62). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini with a first phase shifter, the first Tx waveguide connecting the first phase shifter between the first splitter and the first Tx port; and a second phase shifter, the first Rx waveguide connecting the second phase shifter between first Rx port and the second splitter, as suggested by the further teachings of Hosseini, in order to finely tune the phases (col. 6, lines 60-62). Regarding claim 1, Hosseini renders obvious all limitations of base claim 8. Hosseini also discloses a photonic mixer (201) comprising an Rx input (204) and a local oscillator (LO) input (206); and an optical mixer (202) comprising a Tx input (203); an input/output port (see fig. 2a, input and output ports on 202); a first output (to 205/200); and a second output (to 206/201), wherein the input/output port is coupled to the one or more ports (205) of the photonic radiator (200) and the first output (206) is coupled to the Rx input (via 201) ; and wherein: the Tx ports and the Rx ports are each coupled to the input/output port of the optical mixer; and the optical mixer routes the Tx ports to the Tx input and the Rx ports to the Rx input via the first output (as discussed in previous claims, the individual ports are not necessarily numerated, however, they are represented based on the pathways shown in figs 2c-2d). Regarding claim 3, Hosseini renders obvious all limitations of base claim 1. Hosseini also discloses wherein the photonic radiator comprises a grating coupler (col. 5 lines 10-13). Regarding claim 4, Hosseini renders obvious all limitations of base claim 1. Hosseini also discloses wherein the photonic radiator comprises a multiport radiator comprising an array of square gratings (210, fig. 2c). Regarding claim 6, Hosseini renders obvious all limitations of base claim 8. Hosseini also discloses wherein: the first polarization is different from the second polarization; and the first polarization and the second polarization each independently comprise a linear polarization (col. 5, lines 47-56). Regarding claim 10, Hosseini renders obvious all limitations of base claim 8. The embodiment of Hosseini as relied upon does not specifically disclose further comprising: a Tx beamformer; comprising: a 1:N power splitter having an input and N outputs, wherein N is a number of the pixels and each of the N outputs is connected to a different one of the photonic radiators in a different one of the pixels; and a first plurality of N phase shifters, wherein the ith one of the phase shifters couples the ith one of the N outputs to the ith one of the pixels, for 1 <i<N; and an Rx beamformer, comprising: a 1:N power combiner having N inputs and one output, wherein each of the N inputs is connected to a different one of the photonic radiators in a different one of the pixels; and a second plurality of N phase shifters, wherein the ith one of the phase shifters couples the ith one of the N inputs to the ith one of the pixels, for 1 <i<N. However, Hosseini does further disclose a Tx beamformer (see fig. 3a); comprising: a 1:N power splitter (see fig. 4a) having an input (In) and N outputs (Out1-8), wherein N is a number of the pixels and each of the N outputs is connected to a different one of the photonic radiators in a different one of the pixels (see fig. 3a); and a first plurality of N phase shifters (402), wherein the ith one of the phase shifters couples the ith one of the N outputs to the ith one of the pixels (see fig. 4a), for 1 <i<N; and an Rx beamformer (by definition of a transceiver, the device is operable in both directions, therefore the transmitting components work in a way to receive), comprising: a 1:N power combiner having N inputs and one output, wherein each of the N inputs is connected to a different one of the photonic radiators in a different one of the pixels; and a second plurality of N phase shifters, wherein the ith one of the phase shifters couples the ith one of the N inputs to the ith one of the pixels, for 1 <i<N. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini with a Tx beamformer; comprising: a 1:N power splitter having an input and N outputs, wherein N is a number of the pixels and each of the N outputs is connected to a different one of the photonic radiators in a different one of the pixels; and a first plurality of N phase shifters, wherein the ith one of the phase shifters couples the ith one of the N outputs to the ith one of the pixels, for 1 <i<N; and an Rx beamformer, comprising: a 1:N power combiner having N inputs and one output, wherein each of the N inputs is connected to a different one of the photonic radiators in a different one of the pixels; and a second plurality of N phase shifters, wherein the ith one of the phase shifters couples the ith one of the N inputs to the ith one of the pixels, for 1 <i<N, as suggested by the further teachings of Hosseini, and provide an active optical switch (col 7, lines 57-58). Regarding claim 11, Hosseini renders obvious all limitations of base claim 10. Hosseini also discloses a phased array transceiver comprising said aperture (figures 3a-4a). Regarding claim 12, Hosseini renders obvious all limitations of base claim 10. Hosseini also discloses further comprising a computer coupled to the power splitter, the phase shifters, and the power combiner, wherein the computer is configured to: control the phase shifters to control a relative phase of the Tx signals inputted to each of the Tx ports or the Rx signals received from each of the Rx ports; and control the splitter to control the power of the Tx signals transmitted to each of the Tx ports; and control the combiner to control a power of the Rx signals outputted from each or the Rx ports (col 13 line 49 through col 14 line 16). Regarding claim 13, Hosseini renders obvious all limitations of base claim 1. Hosseini also discloses wherein the photonic mixer comprises a detector positioned to detect the Rx signal received at the Rx input and a LO signal received at the LO input and output a signal in response thereto, the signal comprising a difference frequency between a frequency of the LO signal and a frequency of the Rx signal (col. 4 lines 1-11). Regarding claim 14, Hosseini renders obvious all limitations of base claim 13. Hosseini also discloses wherein the photonic mixer comprises an In phase- Quadrature (IQ) mixer (col. 5 lines 32-33). Regarding claim 21, Hosseini renders obvious all limitations of base claim 8. Hosseini also discloses a chip comprising the transceiver aperture of claim 8, wherein the transceiver aperture comprises a photonic integrated circuit (col. 2 lines 8-11). Regarding claim 9, Hosseini a transceiver aperture comprising a plurality (array 101) of pixels (105) discloses wherein each of the pixels comprise: a plurality of Tx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways) coupled to a photonic radiator (200); a Tx splitter (212) configured to control a power of the electromagnetic radiation inputted to each of the Tx ports (by definition, this is the purpose of a splitter); and a plurality of Rx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways) coupled to the photonic radiator (200); an Rx splitter (201) configured to control and combine a power of the Rx signals outputted from each of the Rx ports in response to electromagnetic radiation received on the photonic radiator (again, as previously stated, this is by definition the purpose of a splitter (combiner)). The embodiment of Hosseini as relied upon does not disclose a Tx phase shifter coupled to control a relative phase of the Tx signal inputted to each of the ports so as to adjust a transmit polarization of the electromagnetic radiation transmitted from the photonic radiator in response to the Tx signals; and an Rx phase shifter coupled to control a relative phase of the Rx signals outputted from each of the ports, so as to correctly receive a polarization of the electromagnetic radiation. However, Hosseini does further disclose multiple phase shifters (402), to tune a phase of each arm (col. 6, lines 60-62). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini further with a Tx phase shifter coupled to control a relative phase of the Tx signal inputted to each of the ports so as to adjust a transmit polarization of the electromagnetic radiation transmitted from the photonic radiator in response to the Tx signals; and an Rx phase shifter coupled to control a relative phase of the Rx signals outputted from each of the ports, so as to correctly receive a polarization of the electromagnetic radiation, as suggested by the further teachings of Hosseini, in order to finely tune the phases (col. 6, lines 60-62). Regarding claim 17, Hosseini renders obvious all limitations of base claim 9. Hosseini also discloses wherein the relative phase and power are selected to convert the Tx signal or Rx signal associated with linear polarization to circular or elliptical polarization (Column 9, lines 18-20). Regarding claim 18, Hosseini anticipates all limitations of base claim 9. Hosseini also discloses wherein at least one of the Rx signal, the Tx signal, a relative phase of the Rx or Tx signal, or a power of the Rx/Tx signals are selected to generate the electromagnetic radiation having any arbitrary combination of s polarization and p polarization (as worded, any set up as disclosed within Hosseini discloses the claim as written). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini and further in view of Canoglu et al. (US 20230113820 A1), herein referred to as Canoglu. Regarding claim 2, Hosseini renders obvious all limitations of base claim 1. Hosseini does not disclose wherein the optical mixer comprises a multi- mode interferometer (MMI). However, Canoglu discloses a similar system which comprises a multi-mode interferometer (para. 0069). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini which comprises a multi-mode interferometer, as taught by Canoglu, for frequency selection (para. 0043). Claims 15-16, 5, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini and further in view of Bao et al. (US 20240103140 A1). Regarding claim 15, Hosseini discloses a complex wavefront transceiver comprising; an aperture, comprising: an array (101) of pixels (105), each of the pixels (105) comprising: a photonic radiator (200) comprising one or more ports (203, 208); a photonic mixer (201) comprising an Rx input (204) and a local oscillator (LO) input (206); and an optical mixer (202) comprising a Tx input (203); an input/output port (see fig. 2a, input and output ports on 202); a first output (to 205/200); and a second output (to 206/201), wherein the input/output port is coupled to the one or more ports (205) of the photonic radiator (200) and the first output (206) is coupled to the Rx input (201). Hosseini does not disclose wherein the photonic radiator transmits and receives an arbitrary complex wavefront through the aperture, wherein the wavefront comprises any arbitrary superposition of sine waves having different phases and/or amplitudes. However, Bao discloses a similar system which uses complex waveforms (para. 0116). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini wherein the photonic radiator transmits and receives an arbitrary complex wavefront through the aperture, wherein the wavefront comprises any arbitrary superposition of sine waves having different phases and/or amplitudes, as suggested by the teachings of Bao, to increase detail in scans. Regarding claim 16, Hosseini and Bao render obvious all limitations of base claim 15. Hosseini also discloses a LiDAR (col. 1 line 40) comprising said transceiver. Regarding claim 5, Hosseini and Bao render obvious all limitations of base claim 15. Hosseini also discloses wherein: the photonic radiator comprises a multiport radiator comprising the ports comprising: one or more Tx ports (203) for input of a Tx signal for generating a first polarization of electromagnetic radiation transmitted from the photonic radiator; and one or more Rx ports (208) for output of an Rx signal in response to a second polarization of the electromagnetic radiation received on the photonic radiator (col. 5 lines 47-56); the Tx ports and the Rx ports are each coupled to the input/output port of the optical mixer; and the optical mixer routes the Tx ports to the Tx input and the Rx ports to the Rx input via the first output (See fig. 2c/d). Regarding claim 7, Hosseini and Bao render obvious all limitations of base claim 5. Hosseini also discloses further comprising: a beamformer (502). The embodiment of Hosseini relied upon does not disclose a polarization beam splitter optically coupled between the photonic radiator and the beamformer, wherein the electromagnetic radiation transmitted from or received on the photonic radiator is transmitted through the beamsplitter to/from the beamformer. However, figure 8 of Hosseini does disclose a polarization beam splitter (803) optically coupled between the photonic radiator (transmission/reception shown as 805/810) and the beamformer, wherein the electromagnetic radiation transmitted from or received on the photonic radiator is transmitted through the beamsplitter to/from the beamformer (see fig. 8). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the aperture of Hosseini with a polarization beam splitter optically coupled between the photonic radiator and the beamformer, wherein the electromagnetic radiation transmitted from or received on the photonic radiator is transmitted through the beamsplitter to/from the beamformer, as taught by the later embodiment of Hosseini, to polarize transmitted and reflected signals (col. 10 lines 3-8). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini and further in view of Schultheiss et al. (US 20220120848 A1), herein referred to as Schultheiss. Regarding claim 19, Hosseini discloses a method of making a transceiver aperture, comprising: forming an array of pixels (105) on a silicon on insulator substrate (col. 13 lines 5-10), each of the pixels comprising a photonic integrated circuit (col. 1 lines 40-41) comprising: a plurality of Tx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways) coupled to a photonic radiator (200); a Tx splitter (212) configured to control a power of the electromagnetic radiation inputted to each of the Tx ports; and a plurality of Rx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways) coupled to the photonic radiator (200); an Rx splitter (201) configured to control and combine a power of the Rx signals outputted from each of the Rx ports in response to electromagnetic radiation received on the photonic radiator. The embodiment relied upon does not disclose a Tx phase shifter coupled to control a relative phase of the Tx signal inputted to each of the ports so as to adjust a transmit polarization of the electromagnetic radiation transmitted from the photonic radiator in response to the Tx signals; and an Rx phase shifter coupled to control a relative phase of the Rx signals outputted from each of the ports, so as to correctly receive a polarization of the electromagnetic radiation However, Hosseini does further disclose multiple phase shifters (402), to tune a phase of each arm (col. 6, lines 60-62). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to combine the teachings of the references and make the method of Hosseini a Tx phase shifter coupled to control a relative phase of the Tx signal inputted to each of the ports so as to adjust a transmit polarization of the electromagnetic radiation transmitted from the photonic radiator in response to the Tx signals; and an Rx phase shifter coupled to control a relative phase of the Rx signals outputted from each of the ports, so as to correctly receive a polarization of the electromagnetic radiation, as suggested by the further teachings of Hosseini, in order to finely tune the phases (col. 6, lines 60-62). 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 BRANDON S WOODS whose telephone number is (571)270-1525. The examiner can normally be reached M-F 8:30 am - 6:00 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, Dimary Lopez can be reached at 571-270-7893. 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. /BRANDON SEAN WOODS/Examiner, Art Unit 2845 /DIMARY S LOPEZ CRUZ/Supervisory Patent Examiner, Art Unit 2845
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Prosecution Timeline

Dec 12, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §103
Feb 24, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §103 (current)

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