Prosecution Insights
Last updated: April 19, 2026
Application No. 18/574,600

CIRCULARLY POLARIZATION MODULATION SYSTEM

Non-Final OA §103
Filed
Dec 27, 2023
Examiner
QURESHI, MARIAM
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
463 granted / 624 resolved
+6.2% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
51 currently pending
Career history
675
Total Applications
across all art units

Statute-Specific Performance

§103
57.7%
+17.7% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 624 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 . Claim Rejections - 35 USC § 103 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 7-16 are rejected under 35 U.S.C. 103 as being unpatentable over Hubei (CN 110085717, as cited in IDS dated 12/27/23) in view of Bussmann (US 2004/0190105 A1). Regarding Claim 1, Hubei discloses a circularly polarized light modulation device (Figures 1-3; Page 7, Paragraph 2), the device comprising: A stacked structure comprising an N-side electrode, an active layer, and a P-side electrode (Page 6, Paragraph 4 discloses an N-type GaAs layer and a P-type GaAs layer as well as an active ferromagnetic layer); An injection current circuit configured to cause a first current to flow from the p-side electrode to the n-side electrode through the active layer (Page 6, Paragraph 4 discloses a current using a spin-orbit coupling effect); and A spin drive circuit configured to cause a second current to flow to the p-side electrode or the n-side electrode in a direction perpendicular to the first current injected from the injection current circuit into the stacked structure (Page 7, Paragraph 2 discloses an accumulation of a vertical direction of the spin current accumulated by the charge-spin conversion mechanism; this paragraph also discloses applying a current to the left as well as to the right). Hubei fails to explicitly disclose a particular stacked structure comprising a N-side electrode, an active layer, and a P-side electrode. However, Bussmann discloses a similar structure comprising a N-side electrode, an active layer, and a P-side electrode (Bussmann, Figure 1, N-type electrode 10, active layer 14, P-type electrode 12; Paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modulation device as disclosed by Hubei to include a stacked structure as disclosed by Bussmann. One would have been motivated to do so for the purpose of producing spin-polarized charger carriers under the influence of an electric field (Bussmann, Paragraph 0022). Regarding Claim 8, Hubei in view of Bussmann discloses the device according to claim 7, wherein the stacked structure further comprises: a first intermediate layer inserted between the n-side electrode and the active layer; and a second intermediate layer inserted between the active layer and the p-side electrode (Hubei, Figure 1, N-side electrode 9, first intermediate layer 7/8, active layer 5, second intermediate layer 3, P-side electrode 2). Regarding Claim 9, Hubei in view of Bussmann discloses the device according to claim 8, wherein the first intermediate layer of the stacked structure comprises an n-type semiconductor layer; and the second intermediate layer of the stacked structure comprises a p-type semiconductor layer (Hubei, Page 6, Paragraph 5 discloses a P-type AlGaAs layer and an N-type GaAs layer). Regarding Claim 10, Hubei in view of Bussmann discloses the device according to claim 9, wherein the first intermediate layer of the stacked structure further comprises a tunnel insulating layer (Hubei, Page 6, Paragraph 5 discloses an Al-O barrier layer which would serve as a tunnel insulating layer). Regarding Claim 11, Hubei in view of Bussmann discloses the device according to claim 10, wherein the spin drive circuit is configured to cause the second current to flow to the p-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure, and wherein the p- side electrode comprises a heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 12, Hubei in view of Bussmann discloses the device according to claim 10, wherein the spin drive circuit is configured to cause the second current to flow to the n-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure, and wherein the n- side electrode comprises a heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 13, Hubei in view of Bussmann discloses the device according to claim 10, the spin drive circuit is configured to control the direction of the second current according to an electric signal input from an outside (Hubei, Page 7, Paragraph 2 discloses the use of the spintronic device to manipulate the electric signal output). Regarding Claim 14, Hubei in view of Bussmann discloses the device according to claim 7, wherein the spin drive circuit is configured to cause the second current to flow to the p-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure, and wherein the p- side electrode comprises a heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 15, Hubei in view of Bussmann discloses the device according to claim 7, wherein the spin drive circuit is configured to cause the second current to flow to the n-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure, and wherein the n- side electrode comprises a heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 16, Hubei in view of Bussmann discloses the device according to claim 7, wherein the spin drive circuit is configured to control the direction of the second current according to an electric signal input from an outside(Hubei, Page 7, Paragraph 2 discloses the use of the spintronic device to manipulate the electric signal output). Claims 17-24 are rejected under 35 U.S.C. 103 as being unpatentable over Hubei in view of Bussmann and Sasaki (US 2020/0243752 A1). Regarding Claim 17, Hubei discloses circularly polarized light modulation device (Figures 1-3; Page 7, Paragraph 2), the device comprising: A stacked structure comprising an N-side electrode, an active layer, and a P-side electrode (Page 6, Paragraph 4 discloses an N-type GaAs layer and a P-type GaAs layer as well as an active ferromagnetic layer); An injection current circuit configured to cause a first current to flow from the p-side electrode to the n-side electrode through the active layer (Page 6, Paragraph 4 discloses a current using a spin-orbit coupling effect); and A first spin drive circuit configured to cause a second current to flow to the n-side electrode in a direction perpendicular to the first current injected from the injection current circuit into the stacked structure (Page 7, Paragraph 2 discloses an accumulation of a vertical direction of the spin current accumulated by the charge-spin conversion mechanism; this paragraph also discloses applying a current to the left as well as to the right). Hubei fails to explicitly disclose a particular stacked structure comprising a N-side electrode, an active layer, and a P-side electrode; and a second spin drive circuit configured to cause a third current to flow to the p-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure. However, Bussmann discloses a similar structure comprising a N-side electrode, an active layer, and a P-side electrode (Bussmann, Figure 1, N-type electrode 10, active layer 14, P-type electrode 12; Paragraph 0023). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the modulation device as disclosed by Hubei to include a stacked structure as disclosed by Bussmann. One would have been motivated to do so for the purpose of producing spin-polarized charger carriers under the influence of an electric field (Bussmann, Paragraph 0022). Further, Sasaki discloses a similar device comprising a second spin drive circuit configured to cause a third current to flow to the p-side electrode in the direction perpendicular to the first current injected from the injection current circuit into the stacked structure (Sasaki, Figure 3; Paragraph 0048 discloses a first spin current and a second spin current). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device as disclosed by Hubei to include a second spin drive circuit as disclosed by Sasaki. One would have been motivated to do so for the purpose of achieving a pure spin current (Sasaki, Paragraphs 0047-0048). Regarding Claim 18, Hubei in view of Bussmann and Sasaki discloses the device according to claim 17, wherein the stacked structure further comprises :a first intermediate layer inserted between the n-side electrode and the active layer; and a second intermediate layer inserted between the active layer and the p-side electrode (Hubei, Figure 1, N-side electrode 9, first intermediate layer 7/8, active layer 5, second intermediate layer 3, P-side electrode 2). Regarding Claim 19, Hubei in view of Bussmann and Sasaki discloses the device according to claim 18, wherein the first intermediate layer of the stacked structure comprises an n-type semiconductor layer; and the second intermediate layer of the stacked structure comprises a p-type semiconductor layer (Hubei, Page 6, Paragraph 5 discloses a P-type AlGaAs layer and an N-type GaAs layer). Regarding Claim 20, Hubei in view of Bussmann and Sasaki discloses the device according to claim 19, wherein the first intermediate layer of the stacked structure further comprises a tunnel insulating layer (Hubei, Page 6, Paragraph 5 discloses an Al-O barrier layer which would serve as a tunnel insulating layer). Regarding Claim 21, Hubei in view of Bussmann and Sasaki discloses the device according to claim 20, wherein the n-side electrode comprises a first heavy metal and the p-side electrode comprises a second heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 22, Hubei in view of Bussmann and Sasaki discloses the device according to claim 20, wherein the first spin drive circuit is configured to control the direction of the second current according to an electric signal input from an outside (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 23, Hubei in view of Bussmann and Sasaki discloses the device according to claim 17, wherein the n-side electrode comprises a first heavy metal and the p-side electrode comprises a second heavy metal (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Regarding Claim 24, Hubei in view of Bussmann and Sasaki discloses the device according to claim 17, wherein the first spin drive circuit is configured to control the direction of the second current according to an electric signal input from an outside (Hubei, Page 6, Paragraph 4 and Page 7, Paragraph 2). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIAM QURESHI whose telephone number is (571)272-4434. The examiner can normally be reached 9AM-5PM EST M-F. 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, Michael Caley can be reached at 571-272-2286. 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. /MARIAM QURESHI/Examiner, Art Unit 2871
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Prosecution Timeline

Dec 27, 2023
Application Filed
Feb 02, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+25.2%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 624 resolved cases by this examiner. Grant probability derived from career allow rate.

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