Prosecution Insights
Last updated: August 17, 2026
Application No. 18/626,948

SEMICONDUCTOR PHOTONICS DEVICES AND METHODS OF FORMATION

Non-Final OA §102
Filed
Apr 04, 2024
Examiner
PENG, CHARLIE YU
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Taiwan Semiconductor Manufacturing Company, Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
898 granted / 1189 resolved
+7.5% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
30 currently pending
Career history
1216
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
48.0%
+8.0% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1189 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s election without traverse of Group II in the reply filed on 05/22/2026 is acknowledged. Claim Rejections - 35 USC § 102 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) 17, 18, 20-24, 28-30, 33, 35, 36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. PGPub 2010/0054653 A1 by Carothers. Regarding claim 17, Carothers teaches a method of making thermos-optic devices, comprising: forming an optical modulator structure in a semiconductor layer above a dielectric layer of a semiconductor photonics device (silicon channel waveguide from etching, Figs. 2, 4b); depositing additional dielectric material of the dielectric layer such that the dielectric layer surrounds the optical modulator structure (oxide cladding, Fig. 4b); forming a plurality of recesses in the dielectric layer such that the recesses are located adjacent to one or more sides of the optical modulator structure (recesses for exposed heater structures, Figs. 2, 4b); and forming, in the plurality of recesses, a plurality of modulator heater sections of a modulator heater structure (silicide heater structure, Fig. 2). Regarding claim 18, Carothers further teaches forming, after forming the plurality of modulator heater sections (the heating elements), one or more additional dielectric layers above the optical modulator structure and above the plurality of modulator heater sections (480, Fig. 4b). Regarding claim 20, Carothers further teaches forming one or more connecting heater sections that extend between and connect to the plurality of modulator heater sections (vias are used to couple the salicide heater elements, Fig. 3). Regarding claim 21, Carothers further teaches top surfaces of the plurality of modulator heater sections (the silicide structure) are approximately co-planar with a top surface of the optical modulator structure (the waveguide, Fig. 2). Regarding claim 22, Carothers further teaches the plurality of modulator heater sections extend into at least a subset of additional dielectric layers of the one or more additional dielectric layers (as shown in Fig. 4B, two different dielectric layers “Oxide” and “Oxide Cladding” are formed and the heater sections extend through the Oxide Cladding layer). Regarding claim 23, Carothers further teaches the plurality of modulator heater sections (Fig. 1) comprise: a first modulator heater section (a first group of four contacts on a first heater contact pad at a lower side/segment of the channel waveguide) adjacent to an outer side of a first segment of the modulator heater structure; and a second modulator heater section (a second group of four contacts on a second heater contact pad at an upper side/segment of the channel waveguide) adjacent to an outer side of a second segment of the modulator heater structure. Regarding claim 24, Carothers further teaches the plurality of modulator heater sections comprise: a third modulator heater section between the first segment and the second segment (a linear segment parallel to the channel waveguide and between the first, second contact pads, Fig. 1). Regarding claim 28, Carothers further teaches each modulator heater section of the plurality of modulator heater sections is located over respective optical modulator segments of the optical modulator structure (Fig. 3), and wherein a modulator heater section, of the plurality of modulator heater sections, comprises a plurality of heater segments that are arranged in a first direction and extend in a second direction that is approximately perpendicular to the first direction (the salicide heater elements are arranged laterally to each side of the channel waveguide but also extends parallel to the channel waveguide, Fig. 1). Regarding claim 29, Carothers further teaches the respective optical modulator segments (the channel waveguide) extend in the second direction (parallel to the salicide heater elements, Fig. 1). Regarding claim 30, Carothers further teaches adjacent heater segments of the plurality of heater segments are connected by connecting segments of the modulator heater section (by vias as shown in Fig. 3). Regarding claim 33, Carothers further teaches the plurality of heater segments comprise at least one of: doped silicon (Si), tungsten (W), a silicide, or graphene (salicide is short for self-aligned silicide). Regarding claim 35, Carothers teaches a method (Fig. 4b), comprising: forming a first dielectric layer of a semiconductor photonics device (“Oxide” layer); forming a plurality of second dielectric layers above the first dielectric layer (“Oxide Cladding” layers on either side of channel waveguide, 480); forming a semiconductor photonics circuit in the first dielectric layer (475), the semiconductor photonics circuit comprising: one or more waveguide structures (waveguides to the left of the Heater Elements, Fig. 3); and an optical modulator structure (“Channel” or silicon channel waveguide on the right and modulated by Salicide Heater Elements) coupled with the one or more waveguide structures; and forming a modulator heater structure (Salicide Heater Structures) at least partially in the first dielectric layer (Fig. 2), wherein the modulator heater structure comprises one or more heater sections laterally adjacent to the optical modulator structure in the first dielectric layer (Fig. 2). Regarding claim 36, Carothers teaches a method (Fig. 4b), comprising: forming a first dielectric layer (“Oxide” layer) of a semiconductor photonics device; forming a plurality of second dielectric layers (“Oxide Cladding” layers on either side of channel waveguide, 480) above the first dielectric layer; forming a semiconductor photonics circuit in the first dielectric layer (475), the semiconductor photonics circuit comprising: one or more waveguide structures (waveguides to the left of the Heater Elements, Fig. 3); and an optical modulator structure (“Channel” or silicon channel waveguide on the right and modulated by Salicide Heater Elements) coupled with the one or more waveguide structures; and forming a modulator heater structure (Salicide Heater Structures) in one or more second dielectric layers of the plurality of second dielectric layers, wherein the modulator heater structure comprises a plurality of heater sections, wherein each heater section of the plurality of heater sections is located over respective optical modulator segments of the optical modulator structure, and wherein a heater section, of the plurality of heater sections, comprises a plurality of heater segments that are arranged in a first direction and extend in a second direction that is approximately perpendicular to the first direction (each of the channel waveguide has a pair of Salicide Heater Elements arranged in a first direction, i.e., on opposite sides of the channel waveguide and perpendicular to the channel waveguide, and the Salicide Heater Elements extend along a direction parallel to the channel waveguide). Allowable Subject Matter Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest a step of forming the plurality of modulator heater sections comprises forming the plurality of modulator heater sections in the plurality of recesses such that the plurality of modulator heater sections extend through the one or more additional dielectric layers and into the dielectric layer, when considered in view of the rest of the limitations of the claimed invention. Claim 25 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest a third modulator heater section extending between the first modulator heater section and the second modulator heater section, wherein the third modulator heater section is located above at least one of the first segment of the modulator heater structure or the second segment of the modulator heater structure, when considered in view of the rest of the limitations of the claimed invention, since the modulator heater section and the segments are formed simultaneously on the Oxide layer. Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest the first modulator heater section comprises: a plurality of heater fins that are connected by one or more connecting segments, wherein the plurality of heater fins and the one or more connecting segments are arranged in an approximate S-shape in a top view of the first modulator heater section, when considered in view of the rest of the limitations of the claimed invention, since the modulator heater section are embedded in the oxide layers. Claim 27 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest bottom surfaces of the plurality of modulator heater sections are located at a lower vertical position in the dielectric layer than a bottom surface of the optical modulator structure, when considered in view of the rest of the limitations of the claimed invention. Claim 31 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest the plurality of heater segments and the connecting segments are arranged in a rectangular wave shape in a top view of the modulator heater section, when considered in view of the rest of the limitations of the claimed invention. Claim 32 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest the plurality of heater segments comprise a plurality of n-type semiconductor segments; and a plurality of p-type semiconductor segments, wherein the plurality of n-type semiconductor segments and the plurality of p-type semiconductor segments are arranged in an alternating manner in the first direction, when considered in view of the limitations of the claimed invention. Claim 34 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Carothers is the closest prior art to the claimed invention but fails to further teach or suggest a top surface of a modulator heater section, of the plurality of modulator heater sections, has a wavy cross-sectional profile, when considered in view of the rest of the limitations of the claimed invention. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20100186422 discloses a thermoelectric system having heat fins (50) in a zigzag pattern. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE PENG whose telephone number is (571)272-2177. The examiner can normally be reached 9AM - 6PM. 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, Thomas Hollweg can be reached at (571)270-1739. 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. /CHARLIE Y PENG/Primary Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

Apr 04, 2024
Application Filed
Jul 30, 2024
Response after Non-Final Action
Jul 15, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
88%
With Interview (+12.8%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1189 resolved cases by this examiner. Grant probability derived from career allowance rate.

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