Prosecution Insights
Last updated: May 29, 2026
Application No. 18/537,495

ALL-INTEGRATED PHOTONIC TRANSCEIVER WITH A COMMON APERTURE

Final Rejection §102§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
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
85 granted / 101 resolved
+16.2% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
15 currently pending
Career history
125
Total Applications
across all art units

Statute-Specific Performance

§103
92.8%
+52.8% vs TC avg
§102
4.5%
-35.5% vs TC avg
§112
2.7%
-37.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 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 . Information Disclosure Statement The information disclosure statements (IDS), submitted on April 4th, 2024, and July 23rd, 2024, are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Objections Claim 20 objected to because of the following informalities: Claim 20 states that it is dependent upon claim 18, however based on the language of the claim, it should be dependent upon claim 19. The examiner will continue in this manner. Appropriate correction is required. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. (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, 3-6, 13-14, and 18 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Hosseini et al. (US 11448736 B2), herein referred to as Hosseini. Regarding claim 1, Hosseini discloses a transceiver 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 (via 201). Regarding claim 3, Hosseini anticipates 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 anticipates 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 5, Hosseini anticipates all limitations of base claim 1. 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 6, Hosseini anticipates all limitations of base claim 5. 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 13, Hosseini anticipates 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 anticipates 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 18, Hosseini anticipates all limitations of base claim 5. 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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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 7-12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini. Regarding claim 7, Hosseini anticipates 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). Regarding claim 8, Hosseini anticipates all limitations of base claim 5. Hosseini also discloses 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 (215 to radiator) port connected to the 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-d); a second splitter (201) connecting the third Rx port to a first Rx waveguide (to 207) and a second Rx waveguide (to 208). and a second phase shifter, the first Rx waveguide connecting the second phase shifter between first Rx port and the second splitter. 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 9, Hosseini anticipates all limitations of base claim 5. Hosseini also discloses wherein each of the pixels comprise: the Tx ports comprising a plurality of Tx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways); 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 the Rx ports comprising a plurality of Rx ports (see figs. 2c-2d, the ports are not always specifically numerated, but at least represented by the pathways); 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 10, Hosseini anticipates all limitations of base claim 5. 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 8. 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 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). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hosseini and further in view of Conaglu et al. (US 20230113820 A1). Regarding claim 2, Hosseini anticipates 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 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hosseini and further in view of Bao et al. (US 20240103140 A1), herein referred to as Bao. Regarding claim 15, Hosseini anticipates all limitations of base claim 1. 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. Claims 19 and 20 are 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 photonic radiator (200) comprising one or more ports (see figs. 2a-b, ports are not necessarily numerated but represented by pathways); a photonic mixer comprising (201) an Rx input and a local oscillator (206) (LO) input; 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). Hosseini does not disclose wherein the array is formed lithographically. However, lithography is commonly known, such as in Schultheiss (para. 0011). 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 wherein the array is formed lithographically, as taught by Schultheiss, to integrate the components into the substrate (para. 0011). Regarding claim 20, Hosseini and Schultheiss render obvious all limitations 19. Hosseini further discloses further comprising forming waveguides connecting the photonic radiator, the photonic mixer; and the optical mixer (see figs. 2a-b, pathways between components comprise waveguides). Conclusion 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 /CRYSTAL L HAMMOND/Primary Examiner, Art Unit 2845
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Prosecution Timeline

Dec 12, 2023
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §102, §103
Feb 24, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.8%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allowance rate.

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