Prosecution Insights
Last updated: July 17, 2026
Application No. 18/655,921

PHOTONIC DEVICE WITH EXTENDED METAL LAYER AND METHODS

Non-Final OA §102§103
Filed
May 06, 2024
Priority
Mar 14, 2024 — CN 2024102956367
Examiner
LE, UYEN CHAU N
Art Unit
2874
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Ii-vi Delaware Inc.
OA Round
1 (Non-Final)
25%
Grant Probability
At Risk
1-2
OA Rounds
11m
Est. Remaining
26%
With Interview

Examiner Intelligence

Grants only 25% of cases
25%
Career Allowance Rate
9 granted / 36 resolved
-43.0% vs TC avg
Minimal +1% lift
Without
With
+0.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
28 currently pending
Career history
77
Total Applications
across all art units

Statute-Specific Performance

§103
84.0%
+44.0% vs TC avg
§102
8.7%
-31.3% vs TC avg
§112
4.0%
-36.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 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 . Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in PEOPLE'S REPUBLIC OF CHINA on 03/14/2024. It is noted, however, that applicant has not filed a certified copy of the CN2024102956367 application as required by 37 CFR 1.55. Election/Restrictions Applicant’s election of Invention I, claims 1-13 in the reply filed on 06/01/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). 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)(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. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al. (US 20240385395 A1). Re claim 1, Chen et al. discloses a photonic device (fig. 5), comprising: a substrate (101) comprising a substrate top side, a substrate bottom side, a substrate sidewall between the substrate top side and a substrate bottom side; one or more photonic integrated circuit structures on the substrate top side, wherein the photonic integrated circuited structures include one or more photonic active devices (109; [0013]) and a redistribution structure, and wherein the redistribution structure comprises one or more dielectric layers (135; [0026]) and one or more metal layers (121; [0026]) coupled to the one or more photonic active devices; pad openings (133; [0027]) through a first dielectric layer (135) of the one or more dielectric layers, wherein the pad openings expose a first metal layer of the one or more metal layers at a top side of the redistribution structure (openings in the first dielectric material 135 are formed to expose conductive portions to form first bond pads 133; [0027]); and edge connect openings (133 closest to the left edge/side) through the first dielectric layer, wherein the edge connect openings are positioned such that at least a portion of a perimeter of the first dielectric layer is closer to the edge connect openings than to the pad openings, and wherein the edge connect openings expose the first metal layer at the top side of the redistribution structure (fig. 5; openings in the first dielectric material 135 are formed to expose conductive portions to form first bond pads 133; [0027]). 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. 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) 2-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20240385395 A1) in view of Schmenn et al. (CN 108807197 A). Re claims 2 and 7, Chen et al. discloses the photonic device of claim 1, wherein: the first metal layer comprises a first metal layer sidewall (fig. 5), but fails to teach the edge connect openings expose the first metal layer sidewall at a sidewall of the redistribution structure; OR a trench along a perimeter edge of the redistribution structure, wherein the trench comprises a trench sidewall that extends from the top side of the redistribution structure toward the substrate top side; and a trench sidewall metal layer that coats and contacts at least a portion of the trench sidewall, wherein the trench sidewall metal layer extends to and contacts the first metal layer via one or more edge connect openings. Schmenn et al. teaches a chip package comprising metal layer (112) comprises a first metal layer sidewall (fig. 9); the edge connect openings (130) expose the first metal layer sidewall at a sidewall of the structure (100 and 106); a trench (102) along a perimeter edge of the redistribution structure (110), wherein the trench comprises a trench sidewall that extends from the top side of the redistribution structure toward the substrate top side (fig. 9); and a trench sidewall metal layer (112, 104) that coats and contacts at least a portion of the trench sidewall (fig. 9), wherein the trench sidewall metal layer extends to and contacts the first metal layer via one or more edge connect openings (fig. 9 and corresponding English translation description). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the edge connect openings of Chen to expose the metal layer sidewall at a sidewall of the redistribution structure as taught by Schmenn et al. since such modification would have been an obvious design variation, well within the ordinary skill in the art, for intended use, e.g., creating vertical electrical connections for use in 3D stacked chips or advanced fan-out packaging. Re claims 3 and 8, Chen et al./Schmenn et al. discloses the photonic device of claim 2, comprising a sidewall metal layer (112, 104) that coats and contacts at least a portion of the sidewall of the redistribution structure and a portion of the first metal layer sidewall (Schmenn et al.: fig. 9 and corresponding English translation description). Re claims 4 and 9, Chen et al./Schmenn et al. discloses the photonic device of claim 3, wherein the sidewall metal layer coats and contacts at least a portion of the substrate sidewall (Schmenn et al.: fig. 9 and corresponding English translation description). Re claims 5 and 10, Chen et al./Schmenn et al. discloses the photonic device of claim 3, wherein the sidewall metal layer extends from the top side of the redistribution structure to the substrate bottom side (Schmenn et al.: fig. 9 and corresponding English translation description). Re claims 6 and 11, Chen et al./Schmenn et al. discloses the photonic device of claim 5, comprising a bottom side metal layer that coats and contacts at least a portion of the substrate bottom side and a portion of the sidewall metal layer (Schmenn et al.: fig. 9 and corresponding English translation description). Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 20240385395 A1) in view of Wachter et al. (US 9718678 B2). Re claims 12 and 13, Chen discloses the photonic device of claim 1, but fails to teach a shielding component coupled to the first metal layer; and wherein the shielding component reduces crosstalk between a first photonic active device and a second photonic active device of the one or more active photonic devices; OR an electromagnetic interference (EMI) shielding component that at least partially surrounds a photonic active device of the one or more photonic active devices. Wachter et al. discloses an electronic device having a metal layer for electromagnetic shielding in redistribution layer (108a, 108b; figs. 2 and 11; col. 8, lines 20-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add an electromagnetic shielding layer of Wachter et al. to the device of Chen to protect the device from interference, e.g., blocks unwanted electromagnetic waves, stops outside noise from getting in and stops inside signals from leaking out. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tai et al. (US 20230266528 A1), Coolbaugh et al. (US 20190331941 A1), Kraft et al. (US 10684412 B2), Weng et al. (US 20210223489 A1), and Nunan et al. (US 11097942 B2 ) disclose pad openings expose a first metal layer. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Uyen-Chau N. Le whose telephone number is (571)272-2397. The examiner can normally be reached Monday-Friday, 9:00am-5:30pm. 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, Kiesha R. Bryant can be reached at (571) 272-3606. 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. /UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
Read full office action

Prosecution Timeline

May 06, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638634
ARCHITECTURE FOR ELECTROMAGNETIC WAVEGUIDE
4y 1m to grant Granted May 26, 2026
Patent 12631834
OPTICAL TRANSMISSION DEVICE AND COUPLING METHOD THEREOF
3y 6m to grant Granted May 19, 2026
Patent 12601877
MULTIPURPOSE FIBER-OPTIC CONNECTOR AND FIBER-OPTIC ADAPTER
3y 2m to grant Granted Apr 14, 2026
Patent 12601883
OPTICAL FIBER RIBBON AND SLOTLESS OPTICAL CABLE
2y 3m to grant Granted Apr 14, 2026
Patent 12468162
VIRTUAL IMAGE DISPLAY
2y 8m to grant Granted Nov 11, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
25%
Grant Probability
26%
With Interview (+0.8%)
3y 1m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month