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 § 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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2017/0033884 to Sugiyama et al.
Sugiyama discloses in the abstract and figure 10, An optical device, comprising:
a first chip (95) comprising a first polarized signal optical port, a second polarized signal optical port, and one or more optical elements coupled to the first polarized signal optical port and the second polarized signal optical port; and
a second chip (90A) comprising a first polarized signal optical port coupled to the first polarized signal optical port of the first chip, a second polarized signal optical port coupled to the second polarized signal optical port of the first chip, a multi-polarized signal optical port, and a polarization rotating and combining (PRC) element that couples the first polarized signal optical port and the second polarized signal optical port of the second chip to the multi-polarized signal optical port of the second chip (figure 10 depicts the process of the polarization rotator 125m beam combiner 126 function, as well as the TE and TM modes at the rotator 27 in figure 3);
wherein the first chip comprises a first semiconductor chip material; and
wherein the second chip comprises a second semiconductor chip material that is different than the first semiconductor chip material (Sugiyama claim 6).
As to claim 4, GaAlAs is used (paragraph 50).
As to claim 5, the device is configured to perform this function (figure 10 and paragraph 38).
Examiner suggests amendment to better clarify the signal routing as shown in Figure 1.
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.
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(s) 2-3 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama in view of US 2016/0033728 to Kish et al.
Sugiyama discloses the invention as claimed except for certain configurations, materials and additional ports.
Kish discloses these materials (applicant claims 2-3), configurations in Kish figure 6 (applicant claims 4-7). Kish also discloses the use of adhesives to bond components in paragraph 40 (relates to Applicant claims 17-18). Remaining claims similarly add ports and functions disclosed by both Sugiyama and Kish.
It would have been obvious to use known materials and to configure a semiconductor chip to use multiple functions as a matter of obvious design choice.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11,888,531 (multiple splitters, polarizations and combiners).
US 2002/0168128 (optical circulator structure).
US 2020/0365998 (figure 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Hollweg can be reached on 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874