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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/11/24 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (US 2022/0350090 A1) and Li et al. (US 2014/0110572 A1).
Re. Claims 1 and 7, Hu et al. discloses an integrated cavity-enhanced photodetector (Fig. 1b) comprising:
a substrate 101 and a top cladding layer 140 positioned on the substrate (Figs. 1a and 5g; [0065] and [0165]-[0167]);
a waveguide 150, comprising a bus layer 151 for input light, and a microring resonator layer 152 (Figs. 1b and 5h; [0069]-[0070]);
a photodetector layer 103, which is formed below and separated from the microring resonator layer (Fig. 1a; [0067], [0112], [0114]);
a first set of metal contacts 161/162, which are connected to the photodetector layer and serve as an external contact (Fig. 1a; [0099]); and
a phase shifter 190, wherein the phase shifter is physically separated from the microring resonator layer by a distance, and operationally coupled with the microring resonator layer, and the phase shifter is connected to a second set of metal contacts (Fig. 1b; [0093]-[0094]);
wherein the photodetector layer is closer to the substrate than the microring resonator layer (Fig. 1a).
However, Hu et al. does not disclose the microring resonator layer is positioned between the phase shifter and the photodetector layer. In other words, the claimed invention requires the phase adjuster is positioned on top of the microring resonator, while Hu et al. gives no details on the construction of the phase adjuster apart from suggesting that it is laterally displaced from the photodetector as shown in Fig. 1b.
Li et al. discloses a microring resonator layer comprising metal layers for thermal tuning, and the metal layers are formed on top of the microring resonator (Figs. 1a-1b; [0050]).
The claimed arrangement would have been obvious to one of ordinary skill in the art, as Li et al. discloses placing the phase shifter above the microring resonator layer creates an arrangement enabling practical operation of an on-chip integrated system having active phase tuning (Li et al. [0041]). “A person of ordinary skill is also a person of ordinary creativity, not an automaton” – ‘[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.” KSR International Co. v. Teleflex Inc., 550 USPQ2d 1385 (2007).
It is noted, the preamble is denied the effect of a limitation where the claim is drawn to a structure and the portion of the claim following the preamble is a self-contained description of the structure not depending for completeness upon the introductory clause. Kropa v. Robie, 88 USPQ 478 (CCPA 1951).
Re. Claim 2, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses wherein the bus layer 151 and the microring resonator layer 152 comprise a Silicon Nitride (SiN) ([0069] and [0090]), the photodetector layer comprises Silicon ([0060]), and the phase shifter comprises Titanium Nitride (TiN) ([0093]-[0094]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 3, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the microring resonator layer 150 is positioned in the top cladding layer 140 (Fig. 5i).
Hu et al. gives no details on the construction of the phase adjuster apart from suggesting that it is laterally displaced from the photodetector as shown in Fig. 1b. That is, Hu et al. does not disclose the phase shifter is positioned in the top cladding layer.
Li et al. discloses a microring resonator layer comprising metal layers for thermal tuning, and the metal layers are formed on top of and contacting the microring resonator (Figs. 1a-1b; [0050]).
The claimed arrangement would have been obvious to one of ordinary skill in the art, as Li et al. discloses placing the phase shifter above the microring resonator layer such that the metal layers contact the microresonator layer creates an arrangement enabling practical operation of an on-chip integrated system having active phase tuning (Li et al. [0041]). Combination of these teachings requires the resulting structure comprise metal layers from the phase shifter to extend through the top cladding to contact the microresonator embedded in the top cladding.
Re. Claims 4-5, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the substrate further comprises a buried oxide layer 102 positioned below the top cladding layer 140, wherein photodetector layer 103 is positioned directly on the buried oxide layer 102, and the first metal contacts 161/162 extend from the photodetector layer 103 to a top of the top cladding layer 140 (Fig. 1a; [0065]).
However, Hu et al. does not disclose the buried oxide layer being in direct contact with the top cladding layer.
The claimed arrangement would have been obvious to one of ordinary skill before the effective filing date of the claimed invention, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184. In the present instance, the omitted element comprises the portions of layer 103 residing on the perimeter of the chip, such that the addition of the top cladding layer 140 in Fig 5g results in the buried oxide layer being in direct contact with the top cladding layer.
Re. Claim 6, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the microring resonator layer is separated from the photodetector layer by 0.15 µm to 0.25 µm, and the top cladding layer is positioned between the microring resonator layer and the photodetector layer ([0019]-[0020]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 8, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the photodetector comprises a (p++) ohmic contact 111, a p-doped region 113, an intrinsic region 115, an n-doped region 116, and an n-doped (n++) ohmic contact 117; and one 161 of the first set of metal contacts 161/152 is attached to the photodetector layer at the p++ ohmic contact 111, and the other 162 of the first set of metal contacts 161/162 is attached to the photodetector layer at the n++ ohmic contact 117 (Fig. 1a; [0100]-[0101]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 9, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the microring resonator layer has a uniform cross section (e.g., “regular ring” [0072]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 10, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the photodetector layer has one of a slab or rib waveguide structure 120 extending toward the microring resonator layer (Fig. 1a; [0067]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 11, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses the photodetector comprises one of a PIN photodiode, an avalanche photodiode, and a metal-semiconductor-metal photodetector ([0111]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Re. Claim 12, Hu et al. and Li et al. render obvious the photodetector as discussed above. Hu et al. also discloses a light propagation axis in the microring resonator layer is orthogonal to a carrier transport axis in the photodetector layer (Figs. 1a-1b). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the reasons discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bhargava et al. (US 2020/0310035 A1) discloses a ring resonator with an integrated photodetector for providing optical data communications in a minimal form factor.
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/RHONDA S PEACE/Primary Examiner, Art Unit 2874 7/28/26
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