Prosecution Insights
Last updated: September 17, 2026
Application No. 18/778,378

BALANCED OUTPUT, DUAL-GAIN, HYBRID INTEGRATED DIODE LASER

Non-Final OA §102§103
Filed
Jul 19, 2024
Priority
Jul 25, 2023 — provisional 63/528,788
Examiner
PEACE, RHONDA S
Art Unit
Tech Center
Assignee
Lionix International BV
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1070 granted / 1253 resolved
+25.4% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
19 currently pending
Career history
1266
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
33.2%
-6.8% vs TC avg
§112
12.8%
-27.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1253 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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 7/19/24 and 12/24/24 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 102 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 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, 4, 5, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ma et al. (US 10,530,126 B2). Re. Claim 1, Ma et al. discloses a dual gain, hybrid, integrated diode laser comprising: first and second gain sections 11 (Fig. 1; col. 2 lines 27-30 and 45-49); a planar light wave circuit 12 optically coupled to the first and second gain sections (Fig. 1; col. 2 lines 45-49), the planar light wave circuit including: first and second phase control elements 45 (Fig. 5; col. 6 lines 28-32); a Vernier filter comprising first and second tunable micro-ring resonators 1021 and 1022 (MRRs) (Fig. 5; col. 6 lines 23-27); first and second Mach-Zehnder interferometers (MZIs) (1011 in wavelength selective reflector 4 and the wavelength selective reflector 4’), and a third phase control element 31 disposed between the first and second MZIs (Figs. 1-2 and 5; col. 4 lines 4-7; col. 6 lines 9-15), characterized in that: the first MZI is disposed in the optical path between the first MRR and the second MRR (Fig. 5). Re. Claim 4, Ma et al. discloses the first MZI and the second MZI 1011 each include two, 2x2 couplers, and at least one phase control element (Fig. 5). Re. Claim 5, Ma et al. discloses the first and second phase-control elements 45 are operable to tune an operating wavelength of the dual gain, hybrid, integrated diode laser (Figs. 2 and 5). Re. Claim 8, Ma et al. discloses at least one output port 25, wherein the third phase control element 31 and the second MZI (from 4’) combine light from the first and second waveguide branches of the second MZI into the at least one output port (Fig. 2; col. 3 lines 52-57). Claim(s) 1, 3, 5-6, 8-10, 13-15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (US 9,812,845 B1). Re. Claim 1, Lee et al. discloses a dual gain, hybrid, integrated diode laser comprising: first and second gain sections 313 and 314 (Fig. 5; col. 6 lines 64-66); a planar lightwave circuit 320 optically coupled to the first and second gain sections (Fig. 5), the planar lightwave circuit including: first and second phase control elements 323 and 324 (Fig. 5; col. 5 lines 42-46; col. 6 lines 64-66); a Vernier filter comprising first and second tunable micro-ring resonators (MRRs) 343 and 344; first and second Mach-Zehnder interferometers (MZIs) 502 and 504, and a third phase control element disposed between the first and second MZIs (Fig. 5; col. 7 lines 20-30), characterized in that: the first MZI 502 is disposed in the optical path between the first MRR 343 and the second MRR 344 (Fig. 5; col. 7 lines 20-21). Re. Claim 3, Lee et al. discloses a first optical path length defined between the first gain section and the first MZI and a second optical path length defined between the second gain section and the first MZI are equal to one another (e.g., RSOAS located symmetrically with respect to the MZIs; Fig. 5). Re. Claim 5, Lee et al. discloses the first and second phase-control elements are operable to tune an operating wavelength of the dual gain, hybrid, integrated diode laser (Fig. 5; col. 5 lines 42-46; col. 6 lines 64-66). Re. Claim 6, Lee et al. discloses the first MZI functions as a power tap for the dual gain, hybrid integrated diode laser, and wherein the second MZI functions as a power combiner for the first MZI (Fig. 5; col. 7 lines 21-30). Re. Claim 8, Lee et al. discloses at least one output port, wherein the third phase control element and the second MZI combine light from the first and second waveguide branches of the second MZI into the at least one output port (Fig. 5; col. 7 lines 20-21). Re. Claim 9, Lee et al. discloses a dual gain, hybrid, integrated diode laser comprising: a first gain section 313 (Fig. 5; col. 6 lines 64-66); a first phase-control section 323 that is optically coupled to the first gain section (Fig. 5; col. 5 lines 42-46; col. 6 lines 64-66); a second gain section 314 (Fig. 5; col. 6 lines 64-66); a second phase-control section 324 that is optically coupled to the second gain section (Fig. 5; col. 5 lines 42-46; col. 6 lines 64-66); a first micro-ring resonator (MRR) 343 optically coupled to the first phase-control section (Fig. 5; col. 7 lines 20-30); a second micro-ring resonator (MRR) 344 optically coupled to the second phase-control section (Fig. 5; col. 7 lines 20-30); a first Mach-Zehnder interferometer (MZI) 502 having a first waveguide branch and a second waveguide branch, wherein the first MMR and the second MMR are optically coupled to the first waveguide branch of the first MZI, and wherein the first MZI is disposed in an optical path between the first MMR and the second MMR (Fig. 5; col. 7 lines 20-30); a second MZI 504 having a first waveguide branch and a second waveguide branch, wherein second MZI is optically coupled to the second waveguide branch of the first MZI, and wherein a phase shifter is disposed between the first MZI and the second MZI (Fig. 5; col. 7 lines 20-30); and at least one output port, wherein the phase shifter and the second MZI combine light from the first and second waveguide branches of the second MZI into the at least one output port (Fig. 5; col. 7 lines 20-21). Re. Claim 10, Lee et al. discloses a first optical path length defined between the first gain section and the first MZI and a second optical path length defined between the second gain section and the first MZI are equal to one another (e.g., RSOAS located symmetrically with respect to the MZIs; Fig. 5). Re. Claim 13, Lee et al. discloses the first and second phase-control sections are operable to tune an operating wavelength of the dual gain, hybrid, integrated diode laser (col. 5 lines 42-46). Re. Claim 14, Lee et al. discloses a dual gain, hybrid, integrated diode laser comprising: a first gain section and a second gain section 313 and 314 (Fig. 5; col. 6 lines 64-66); phase-control sections 323 and 324 for tuning an operating wavelength of the dual gain, hybrid, integrated diode laser (Fig. 5; col. 5 lines 42-46; col. 6 lines 64-66); a Vernier filter including a first micro-ring resonator (MRR) 343 and a second MRR 344, wherein the first MRR receives light from the first gain section and the second MRR receives light from the second gain section; a first Mach-Zehnder interferometer (MZI) 502 having two waveguide branches, wherein the first MZI functions as a power tap for the laser, and wherein the first MZI is disposed in an optical path between the first MMR and the second MMR (Fig. 5; col. 7 lines 20-30); a second MZI 504 having two waveguide branches, wherein the second MZI functions as a power combiner for the first MZI (Fig. 5; col. 7 lines 20-30); a phase shifter disposed between the first MZI and the second MZI (Fig. 5; col. 7 lines 20-30); and at least one output port, wherein the phase shifter and the second MZI combine light from the two waveguide branches of the second MZI into the at least one output port (Fig. 5; col. 7 lines 20-21). Re. Claim 15, Lee et al. discloses the first Mach-Zehnder interferometer has balanced optical path length (Fig. 5). Re. Claim 17, Lee et al. discloses all optical paths from the first gain section and the second gain section to the at least first MZI have equal lengths (Fig. 5). 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. 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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al. (US 10,530,126 B2) and Van Rees et al. (US 2022/0131342 A1). Re. Claim 2, Ma et al. discloses the dual gain, hybrid, integrated diode laser as discussed above. As seen in Figure 5 of Ma et al., each of the first MZI and the second MZI have first and second waveguide branches. However, Ma et al. does not disclose an arrangement wherein each of the first and second waveguide branches of each of the first MZI and the second MZI have a multi-layer core, wherein the core includes a lower core layer comprising silicon nitride, a central core layer comprising silicon dioxide, and an upper core comprising silicon nitride. Van Rees et al. discloses a waveguide structure comprising a multi-layer core, wherein the core includes a lower core layer comprising silicon nitride, a central core layer comprising silicon dioxide, and an upper core comprising silicon nitride (e.g., TriPleX waveguides; [0047]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as Van Rees et al. discloses the waveguide structure is suitable for planar waveguide circuits and provide low-loss optical connections (Van Rees et al.: [0047]). Re. Claim 7, Ma et al. and Van Rees et al. render obvious the dual gain, hybrid, integrated diode laser as discussed above. Ma et al. also discloses the second MZI is optically coupled to the second waveguide branch of the first MZI (Figs. 2 and 5). 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. Claim(s) 2, 4, 7, 11-12, 16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 9,812,845 B1) and Van Rees et al. (US 2022/0131342 A1). Re. Claims 2, 12, and 19, Lee et al. discloses the dual gain, hybrid, integrated diode laser as discussed above. However, Lee et al. does not disclose an arrangement wherein the first and second waveguide branches of each of the first MZI and the second MZI have a multi-layer core, wherein the core includes a lower core layer comprising silicon nitride, a central core layer comprising silicon dioxide, and an upper core comprising silicon nitride. Van Rees et al. discloses a waveguide structure comprising a multi-layer core, wherein the core includes a lower core layer comprising silicon nitride, a central core layer comprising silicon dioxide, and an upper core comprising silicon nitride (e.g., TriPleX waveguides; [0047]). The claimed arrangement would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as Van Rees et al. discloses the waveguide structure is suitable for planar waveguide circuits and provide low-loss optical connections (Van Rees et al.: [0047]). Re. Claim 7, Lee et al. and Van Rees et al. render obvious the dual gain, hybrid, integrated diode laser as discussed above. Ma et al. also discloses the second MZI is optically coupled to the second waveguide branch of the first MZI (Figs. 2 and 5). 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. Claims 4, 11, and 18, Lee et al discloses the dual gain, hybrid, integrated diode laser as discussed above. However, while Lee et al. discloses the use of MZIs, Lee et al. does not disclose the exact structure of the MZIs, and accordingly does not disclose the first MZI and the second MZI each include two, 2x2 couplers, and at least one phase control element. MZI structures are well known in the art, and commonly include the claimed structural elements, and thus one of ordinary skill would have found the claimed arrangement obvious before the effective filing date of the claimed invention. “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). Re. Claim 16, Lee et al discloses the dual gain, hybrid, integrated diode laser as discussed above. However, Lee et al. does not disclose an arrangement wherein the first Mach-Zehnder interferometer is disposed in a waveguide that optically couples the first MMR and the second MMR to one another. 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 purpose of properly coupling the MZI to the first and second MRRs, as forming optical components along a common waveguide to enable optical coupling is well known in the art. “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). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhao et al. discloses a wavelength tunable laser utilizing an array of microresonators. Any inquiry concerning this communication or earlier communications from the examiner should be directed to R. PEACE whose telephone number is (571)272-8580. The examiner can normally be reached 9-5 pm. 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, Uyen-Chau Le can be reached at (571) 272-2397. 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. /RHONDA S PEACE/Primary Examiner, Art Unit 2874 8/19/26
Read full office action

Prosecution Timeline

Jul 19, 2024
Application Filed
Aug 21, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
98%
With Interview (+12.6%)
2y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1253 resolved cases by this examiner. Grant probability derived from career allowance rate.

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