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 .
Response to Amendment
This Office Action is in response to Applicant’s amendment filed on August 14, 2026. Claim 1 has been amended. No claims have been added. Claim 4 has been canceled. Currently claims 1-3 and 5-11 are pending.
Response to Arguments
Applicants’ arguments with respect to claim 1 filed on August 14, 2026, have been fully considered but they are not persuasive. The reason is set forth below,
In response to applicant’s argument that “neither Kuroda nor YASUOKA, alone or in combination, teaches or suggests the claimed invention as a whole”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Applicant further argues, “the cladding structure is configured together with the absorption-layer arrangement to provide improved optical confinement for the guided light while controlling the spatial distribution of optical absorption along the propagation direction. Accordingly, the cladding material is not merely an ordinary packaging or isolation structure, but forms part of the overall optical configuration that contributes to the operation of the claimed photoelectric detector. Even if one were to incorporate the cladding structure of YASUOKA into Kuroda, the resulting device would merely include an additional cladding arrangement. Such a modification would not lead a skilled artisan to appreciate or implement the coordinated optical confinement mechanism achieved by the claimed combination of (i) a cladding material covering the top portions and side walls of both the waveguide layer and the absorption layer and (ii) the claimed absorption distribution along the propagation direction. The present invention therefore represents more than a simple substitution of one known cladding structure for another.”
However, the prior art Kuroda discloses the InP layer 25 is on the waveguide layer 13 and YASUOKA is brought in to show that the cladding layer can cover the sidewalls of the waveguide layers, and YASOUKA has the motivation to be applied to a balanced light receiver which is satisfy the condition of contributing to the operation of the claimed photoelectric detector.
Furthermore, MPEP 2143(I)(C) states “Use of Known Technique To Improve Similar Devices (Methods, or Products) in the Same Way”. Both Kuroda and YASUOKA are waveguide photo detectors that convert guided light in a semiconductor absorber. Kuroda’s InP 22/23/24/25 is cladding. Substituting YASOUKA’s cladding 9/12/16 is a known optical cladding that covers tops and sidewalls of Si core 1, 2 and Ge 3, would yield the claimed cladding layer.
In view of the arguments above, the previously presented rejections are maintained as appropriate.
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 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kuroda, Fumihiko (US 5121182 A) “Kuroda et al.” in view of YASUOKA, NAMI (JP 7087308 B2) “YASUOKA et al.”
Regarding Independent Claim 1, Kuroda et al. Figs. 1-18 discloses, a photoelectric detector, comprising:
a waveguide layer (“an optical waveguide 13” Column 5, Lines 21-22);
an absorption layer (“light absorption layer 14” Column 5, Lines 29-30), located on the waveguide layer (Figs. 3-4 shows 14 is on 13) or at least partially embedded in the waveguide layer; and
a cladding material (“the whole semiconductor structure is buried in the undoped InP layer 25 as shown in FIG. 16F” ¶ Column 10, Lines 1-2), covering top portions (Fig. 16F-18 shows 25 is covering the top portions of 13 and 14) and side walls of the absorption layer (Fig. 16F-18 shows 25 is covering side walls of 14),
wherein at least one end surface of the photoelectric detector is a light incident surface (“the incident side of the light absorption region” Column 10, Lines 49-50), and light energy absorbed by a portion of the absorption layer adjacent to the light incident surface is smaller than light energy absorbed by other portions of the absorption layer (“the rate of light absorbed into the light absorption layer 14 small on the incident side of the light absorption region 17 and setting it gradually larger” Column 10, Lines 48-52),
wherein an orthographic projection of the absorption layer on an upper surface of the waveguide layer is at least partially located (Figs. 1-4 shows an orthographic projection of the absorption layer 14 on an upper surface of the waveguide layer 13 is at least partially located within the upper surface of the waveguide layer 13) within the upper surface of the waveguide layer (“the light absorption layer 14 is formed on the optical waveguide 13” Column 5, Lines 54-55).
However, Kuroda et al. does not explicitly show a cladding material, covering side walls of the waveguide layer.
In the similar field of endeavor of photodetectors YASUOKA et al. Fig. 8A-8J discloses a cladding material (“surrounded by SiO .sub.2 clad layers 9, 12 and 16 [see, for example, FIG. 8 (J)]” ¶ [0023]; “an Si film 15 as a passivation film is formed so as to cover the surface of the Ge layer 3” ¶ [0055]), covering side walls (Fig. 8A-8J shows a cladding material, covering side walls of the waveguide layer 2) of the waveguide layer (“waveguide core layer 1 and the guide waveguide core layer 2” ¶ [0020]).
It would have been obvious to person having ordinary skill in the art before the effective filling date to modify cladding layer of Kuroda et al. et al. with the Cladding layer of YASUOKA et al. in order to be applied to a balanced light receiver (YASUOKA et al., ¶ [0056]).
Regarding Claim 2, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Figs. 2-3 further discloses, wherein a width of an end surface of the absorption layer adjacent to the light incident surface is smaller than a width of other portions of the absorption layer (“The end face of the light absorption layer 14 may be so formed that two sides thereof may be made to diverge in a tapered form” Column 6, Lines 33-35).
Regarding Claim 3, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Figs. 2-3 further discloses, wherein a width of an end surface of the waveguide layer adjacent to the light incident surface is greater than a width of other portions of the waveguide layer (“FIG. 2, the effect of this invention can be further enhanced by forming the optical waveguide 13 narrower in a tapered form. This is because light propagating along the optical waveguide 13 is cut off by the tapered configuration of the optical waveguide 13 so that light can be leaked out to the exterior of the optical waveguide 13 without fail.” Column 6, Lines 38-44).
Regarding Claim 5, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 4. However, Kuroda et al. does not disclose, wherein the orthographic projection of the absorption layer on the upper surface of the waveguide layer is located within the upper surface of the waveguide layer, and a center line of the absorption layer is deviated from a center line of the waveguide layer.
In the similar field of endeavor of photodetectors YASUOKA et al. Fig. 8A-8J discloses wherein the orthographic projection of the absorption layer (“the light absorption layer 3” ¶ [0013]) on the upper surface of the waveguide layer is located within the upper surface of the waveguide layer (Figs. 1-2 shows wherein the orthographic projection of the absorption layer 3 on the upper surface of the waveguide layer 2 is located within the upper surface of the waveguide layer 2), and a center line of the absorption layer is deviated from a center line of the waveguide layer (“the position of the light absorption layer 3 is shifted to one side in the width direction with respect to the center position in the width direction of the input waveguide core layer 1,” ¶ [0013]).
It would have been obvious to person having ordinary skill in the art before the effective filling date to modify absorption layer and waveguide layers of Kuroda et al. et al. with the absorption layer and waveguide layers of YASUOKA et al. so that the high-speed characteristics can be maintained even when the input light intensity to the light receiver 4 is increased, for example (YASUOKA et al., ¶ [0013]).
Regarding Claim 6, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 4. Kuroda et al. further discloses, wherein the orthographic projection of the absorption layer on the upper surface of the waveguide layer is partially located within the upper surface of the waveguide layer (Figs. 1-4 shows an orthographic projection of the absorption layer 14 on an upper surface of the waveguide layer 13 is at least partially located within the upper surface of the waveguide layer 13),
However, Kuroda et al. does not disclose, a center line of the absorption layer deviates from a center line of the waveguide layer.
In the similar field of endeavor of photodetectors YASUOKA et al. Fig. 8A-8J discloses, a center line of the absorption layer is deviated from a center line of the waveguide layer (“the position of the light absorption layer 3 is shifted to one side in the width direction with respect to the center position in the width direction of the input waveguide core layer 1,” ¶ [0013]).
It would have been obvious to person having ordinary skill in the art before the effective filling date to modify absorption layer and waveguide layers of Kuroda et al. et al. with the absorption layer and waveguide layers of YASUOKA et al. so that the high-speed characteristics can be maintained even when the input light intensity to the light receiver 4 is increased, for example (YASUOKA et al., ¶ [0013]).
Regarding Claim 7, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Figs. 1-6 further discloses, wherein the waveguide layer is inclined at a certain angle with respect to an extending direction of the absorption layer (“the light absorption layer 14 is formed on the optical waveguide 13, light having traveled along the optical waveguide 13 is absorbed into the light absorption layer 14. At this time, if the end face of the light absorption layer 14 intersects the optical waveguide 13 at a small angle” Column 5, Lines 54-59).
Regarding Claim 8, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Fig. 4 further discloses, wherein an end surface of the waveguide layer adjacent to the light incident surface is formed in a step shape (“the end face of the light absorption layer 14 which intersects the optical waveguide 13 is formed in a linear form, but the end face is not necessarily formed in a linear form and can be formed in a stepped form as shown in FIG. 4.” Column 6, Lines 63-67).
Regarding Claim 9, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Fig. 3 further discloses, wherein the absorption layer comprises a first absorption layer, and a second absorption layer, the first absorption layer and the second absorption layer are integrally connected, the first absorption layer is located between the second absorption layer and the light incident surface, and a light energy absorption rate of the first absorption layer is lower than a light energy absorption rate of the second absorption layer.
Regarding Claim 10, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. Kuroda et al. Fig. 1-18 further discloses, wherein a light energy absorption rate of the absorption layer is gradually increased along a direction away from the light incident surface (“the rate of light absorbed into the light absorption layer 14 small on the incident side of the light absorption region 17 and setting it gradually larger” Column 10, Lines 48-52).
Regarding Claim 11, Kuroda et al. as modified by YASUOKA et al. discloses the limitations of claim 1. However, Kuroda et al. does not disclose, wherein the waveguide layer comprises a first waveguide layer, and a second waveguide layer, the second waveguide layer is embedded in the first waveguide layer, an upper surface of the second waveguide layer is higher than an upper surface of the first waveguide layer, and the absorption layer is located on the upper surface of the second waveguide layer or is at least partially embedded in the second waveguide layer.
In the similar field of endeavor of photodetectors YASUOKA et al. Figs. 1-12 discloses, wherein the waveguide layer (“the guide-waveguide core layer 2” ¶ [0018]) comprises a first waveguide layer (“region 2B” ¶ [0018]), and a second waveguide layer (“region 2A” ¶ [0018]), the second waveguide layer is embedded in the first waveguide layer, an upper surface of the second waveguide layer 2A is higher than an upper surface of the first waveguide layer 2B, and the absorption layer 3 is located on the upper surface of the second waveguide layer 2A (“the light absorption layer 3 may be provided above the doping region 2A” ¶ [0050]) or is at least partially embedded in the second waveguide layer.
It would have been obvious to person having ordinary skill in the art before the effective filling date to modify absorption layer and waveguide layers of Kuroda et al. et al. with the absorption layer and waveguide layers of YASUOKA et al. so that the high-speed characteristics can be maintained even when the input light intensity to the light receiver 4 is increased, for example (YASUOKA et al., ¶ [0013]).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/AKHEE SARKER-NAG/Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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