Prosecution Insights
Last updated: August 06, 2026
Application No. 18/720,308

ELECTRO-OPTIC MODULATOR

Non-Final OA §102
Filed
Jun 14, 2024
Priority
Feb 25, 2022 — CN 202210179793.2 +1 more
Examiner
PENG, CHARLIE YU
Art Unit
Tech Center
Assignee
Nanjing Lycore Technologies Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
898 granted / 1189 resolved
+15.5% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
25 currently pending
Career history
1216
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
47.9%
+7.9% 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 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. (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) 1-3, 14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. PGPub 2023/0055077 A1 by Shi et al. Regarding claim 1, Shi teaches an electro-optic modulator (Fig. 7), comprising: a light splitting element (an optical splitter 501); a light combining element (an optical combiner 509); a first waveguide arm and a second waveguide arm (waveguide arms 510) that are arranged in parallel and are connected between the light splitting element and the light combining element (as illustrated in Fig. 7); and a first ground electrode (top 621, above the waveguide arms 510), a first signal electrode (top 625, between the waveguide arms 510), a second ground electrode (middle 621, between the waveguide arms 510), a second signal electrode (bottom 625, below the waveguide arms 510), and a third ground electrode (bottom 621, below the waveguide arms 510) that are arranged in sequence (top to bottom in Fig. 7), wherein the first signal electrode and the second signal electrode (625) are configured to receive differential signals (from an electrical driver 660 that provides differential drive signals), the first waveguide arm (upper 510) is located between the first ground electrode (top 621) and the first signal electrode (top 625), and the second waveguide arm (lower 510) is located between the second ground electrode (middle 621) and the second signal electrode (bottom 625). Regarding claim 2, Shi further teaches a first independent waveguide section and a second independent waveguide section that are arranged in parallel with the first waveguide arm and the second waveguide arm (as show in Fig. 5, the waveguides may be a series of parallel or disconnected layers 410, 415, 430), respectively, wherein the first independent waveguide section is located between the first signal electrode and the second ground electrode, and the second independent waveguide section is located between the second signal electrode and the third ground electrode (the location of the waveguides, when viewed from top, do not change in a vertical direction, e.g., as in Fig. 7, and remain between the same signal and ground electrodes). Regarding claim 3, Shi further teaches a substrate (101), an isolation layer (BOX layer 105), a waveguide layer (110), and an electrode layer (electrodes 120 are disposed in cladding 127) that are arranged in sequence (bottom to top, Fig. 1A), wherein the first waveguide arm and the second waveguide arm are located in the waveguide layer; and the first ground electrode, the first signal electrode, the second ground electrode, the second signal electrode, and the third ground electrode are located in the electrode layer (as described with reference to Fig. 1). Regarding claim 14, Shi further teaches a dielectric layer (cladding 123) located between the waveguide layer (110) and the electrode layer (120), wherein a dielectric constant of the dielectric layer (that of silicon dioxide) is less than that of the waveguide layer (that of silicon), and the dielectric layer covers the first waveguide arm and the second waveguide arm (as the cladding layer for the waveguide 110). Allowable Subject Matter Claim 4 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. Relevant prior art fails to further teach or suggest that the first signal electrode and the second signal electrode each comprise a first main electrode with a distance of h1 from the substrate, and the first ground electrode, the second ground electrode, and the third ground electrode each comprise a second main electrode with a distance of h2 from the substrate, wherein hl≠h2, when considered in view of the rest of the limitations of the claimed invention. USPub20240393626 discloses a similar subject matter (Fig. 1) as that claimed but all of the inventors of the corresponding publication appear as inventors in the instant application and therefore the ‘626 publication lacks another inventor as required and does not qualify as prior art. Claims 5-13 are also considered as allowable as dependent claims of claim 4. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPub20240393626 as discussed above; US20140086523 discloses interlaced signal/ground electrodes for an MZI. 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

Jun 14, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12687675
PHOTONICS CHIPS INCLUDING A PHOTONIC COUPLER AND A PHOTODETECTOR
2y 7m to grant Granted Jul 21, 2026
Patent 12681251
OPTICAL MODULE AND ASSEMBLY METHOD THEREOF
2y 8m to grant Granted Jul 14, 2026
Patent 12674946
CAGE AND CAGE ASSEMBLY
2y 7m to grant Granted Jul 07, 2026
Patent 12669648
PHOTONIC PACKAGE AND METHOD FOR FORMING THE SAME
3y 0m to grant Granted Jun 30, 2026
Patent 12669646
PULSED LASER DEVICE COMPRISING A HYBRID LASER SOURCE WITH ACTIVE OPTICAL TRIGGERING
2y 7m to grant Granted Jun 30, 2026
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 (~2m 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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