Prosecution Insights
Last updated: August 18, 2026
Application No. 18/668,896

OPTICAL DEVICE FOR WIRELESS DATA COMMUNICATION

Final Rejection §102§112
Filed
May 20, 2024
Priority
Dec 27, 2023 — RE 10-2023-0192662
Examiner
VANDERPUYE, KENNETH N
Art Unit
2634
Tech Center
2600 — Communications
Assignee
Kia Corporation
OA Round
2 (Final)
19%
Grant Probability
At Risk
3-4
OA Rounds
1y 2m
Est. Remaining
19%
With Interview

Examiner Intelligence

Grants only 19% of cases
19%
Career Allowance Rate
12 granted / 63 resolved
-43.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
29 currently pending
Career history
88
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
15.7%
-24.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 63 resolved cases

Office Action

§102 §112
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 § 112(b) The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 8, and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, Claims 1, 8, and 13 recites the limitation "optical antenna among the plurality of optical antennas." There is insufficient antecedent basis for this limitation in the claim. 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) 1-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Palese (US Pat. App. Pub. 2024/0372623 A1). Regarding Claim 1, Palese teaches An optical device for wireless data communications, the optical device comprising: a light source configured to output light (FIG. 6: 602); a light modulator configured to modulate the output light (FIG. 5: 508); an optical switch selection circuit configured to select optical antenna among the plurality of optical antennas; ([0056]) a focal plane array (FIG. 7) including a plurality of optical antennas arranged on a same plane (FIG. 5: 504), and configured to emit light modulated by the light modulator through a selected optical antenna among the plurality of optical antennas ([0071]); and an optical lens configured to convert light emitted from the focal plane array into light having a predetermined beam angle (FIG. 5: 504; [0040-0041]), and to output corresponding light externally. (Id.) Regarding Claim 2, Palese teaches The optical device of claim 1, wherein the light modulator includes any one of a Mach-Zehnder modulator (MZM), a ring modulator, and an electro-absorption modulator (EAM). ([0058]) Regarding Claim 3, Palese teaches The optical device of claim 1, wherein the focal plane array further includes: a substrate (FIG. 5: 510); the plurality of optical antennas arranged on the substrate (Id.); an optical waveguide configured to guide light modulated by the light modulator to each of the plurality of optical antennas (FIG. 5: 506); and a plurality of optical switches connecting the optical waveguide to one of the plurality of optical antennas. (FIG. 5: 512) Regarding Claim 4, Palese teaches The optical device of claim 1, wherein the predetermined beam angle is determined according to the following equation: θ=tan-1(x/f), wherein θ is the beam angle, x is a distance between an optical axis of the optical lens and the selected optical antenna, and f is a focal length of the optical lens. ([0028-0029]) Regarding Claim 5, Palese teaches The optical device of claim 1, wherein the light source, the light modulator, and the focal plane array are manufactured based on silicon photonics. ([0069]) Regarding Claim 6, Palese teaches The optical device of claim 1, wherein the optical device for wireless communications is used for vehicle-to-everything (V2X) communications. ([0024]) Regarding Claim 7, Palese teaches The optical device of claim 1, wherein the light modulator and the focal plane array are manufactured based on silicon photonics ([0059]), and the light source is connected to the light modulator through an optical waveguide. (FIG. 5: 506) Regarding Claim 8, Palese teaches An optical device for wireless data communications, the optical device comprising: an optical lens configured to receive light (FIG. 5: 504) having a predetermined beam angle from an external source ([0040-0041]), and to output the received light (Id.); an optical switch selection circuit configured to select optical antenna among the plurality of optical antennas; ([0056]) a focal plane array including a plurality of optical antennas arranged on a same plane (FIG. 7), and configured to receive light output from the optical lens through a selected optical antenna among the plurality of optical antennas ([0071]); a photodetector configured to detect an intensity of the received light ([0064]); and an amplifier configured to amplify the detected intensity of the light. ([0045]) Regarding Claim 9, Palese teaches The optical device of claim 8, wherein the predetermined beam angle is determined according to the following equation: θ=tan-1(x/f) wherein θ is the beam angle, x is a distance between an optical axis of the optical lens and the selected optical antenna, and f is a focal length of the optical lens. ([0028-0029]) Regarding Claim 10, Palese teaches The optical device of claim 8, wherein the focal plane array includes: a substrate (FIG. 5: 510); the plurality of optical antennas arranged on the substrate (Id.); an optical waveguide configured to guide light received from each of the plurality of optical antennas (FIG. 5: 506); and a plurality of optical switches connecting the optical waveguide to one of the plurality of optical antennas. (FIG. 5: 512) Regarding Claim 11, Palese teaches The optical device of claim 8, wherein the focal plane array, the photodetector, and the amplifier are manufactured based on silicon photonics. ([0035, 0059, 0065, 0066, 0069, 0079-0080]) Regarding Claim 12, Palese teaches The optical device of claim 8, wherein the optical device for wireless communications is used for vehicle-to-everything (V2X) communications. ([0024]) Regarding Claim 13, Palese teaches An optical device for wireless data communications, the optical device comprising: a light source configured to output light (FIG. 6: 602); a light modulator configured to modulate the light (FIG. 5: 508); a photodetector configured to detect an intensity of the light ([0064]); an amplifier configured to amplify the detected intensity of the light ([0045]); an optical switch selection circuit configured to select optical antenna among the plurality of optical antennas; ([0056]) an optical lens configured to convert the light modulated by the light modulator into light having a predetermined beam angle, and to output the corresponding light externally (FIG. 5: 504; [0040-0041]), and to receive the light having a predetermined beam angle from an external source and output the corresponding light (Id.); a focal plane array including a plurality of optical antennas arranged on a same plane (FIG. 7), the focal plane array configured to emit light modulated by the light modulator to the optical lens through a selected optical antenna among the plurality of optical antennas ([0071]), and to receive light output from the optical lens through the selected optical antenna (Id.); and a circulator configured to provide light modulated by the light modulator to the focal plane array (FIG. 6: 620), and to provide light received from the focal plane array to the photodetector. ([0064]) Regarding Claim 14, Palese teaches The optical device of claim 13, wherein the light modulator includes any one of a Mach-Zehnder modulator (MZM), a ring modulator, and an electro-absorption modulator (EAM). ([0058]) Regarding Claim 15, Palese teaches The optical device of claim 13, wherein the focal plane array further includes: a substrate (FIG. 5: 510); the plurality of optical antennas arranged on the substrate (Id.); an optical waveguide configured to guide light modulated by the light modulator to each of the plurality of optical antennas (FIG. 5: 506); and a plurality of optical switches connecting the optical waveguide to one of the plurality of optical antennas. (FIG. 5: 512) Regarding Claim 16, Palese teaches The optical device of claim 13, wherein the predetermined beam angle is determined according to the following equation: θ=tan-1(x/f) wherein θ is the beam angle, x is a distance between an optical axis of the optical lens and the selected optical antenna, and f is a focal length of the optical lens. ([0028-0029]) Regarding Claim 17, Palese teaches The optical device of claim 13, wherein the light source, the light modulator, the focal plane array, the photodetector, the amplifier, and the circulator are manufactured based on silicon photonics. ([0035, 0059, 0065, 0066, 0069, 0079-0080]) Regarding Claim 18, Palese teaches The optical device of claim 13, wherein the optical device for wireless communications is used for vehicle-to-everything (V2X) communications. ([0024]) Regarding Claim 19, Palese teaches The optical device of claim 13, wherein the light modulator, the focal plane array, the photodetector, the amplifier, and the circulator are manufactured based on silicon photonics ([0035, 0059, 0065, 0066, 0069, 0079-0080]), and the light source is connected to the light modulator through an optical waveguide. (FIG. 5: 506) Response to Arguments Palese continues to anticipate the claims as amended in the applicant’s response. Applicant has amended the independent claims to further include “an optical switch selection circuit configured to select optical antenna among the plurality of optical antennas.” Palese teaches this limitation, however, in paragraph 56. Palese describes “switches 610a – 610f [that] can be used to selectively control which optical signals from the lasers 608 a-608 d are provided to other components of the architecture 600.” ([0056]). This teaching along with an examination of FIG. 6 makes clear that the taught switches can manipulate which antennas a signal is transmitted from like the claimed switch can. Applicant points to paragraph 59 and argues that Palese teaches switching between antennas using phase shifters, (5.15.26 remarks p. 7), but Palese makes clear by its use of “can” that this is merely one embodiment of their invention, and more than one technique can be used to switch between antennas. And one of those techniques is using the switches taught in paragraph 56. Therefore, Palese anticipates the claims as amended. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm. 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, Kenneth Vanderpuye can be reached at (571) 272-3078. 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. /PAUL MORGAN BROCK/Examiner, Art Unit 2634 July 2, 2026 /KENNETH N VANDERPUYE/Supervisory Patent Examiner, Art Unit 2634
Read full office action

Prosecution Timeline

May 20, 2024
Application Filed
Feb 24, 2026
Non-Final Rejection mailed — §102, §112
May 15, 2026
Response Filed
Jul 07, 2026
Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
19%
Grant Probability
19%
With Interview (+0.0%)
3y 5m (~1y 2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 63 resolved cases by this examiner. Grant probability derived from career allowance rate.

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