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 .
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.
Claims 1, 3-8, 13, 15 are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent Application Publication to Deveau 2003/0222070US.
In terms of Claim 1, Deveau teaches an optical component package (Figure 2 and Figure 3), comprising: a housing (Figure 2: 211); a substrate (Figure 3: AWG 210 contain a substrate [0003] or ceramic heating substrate made of AIN [0010-0011]) disposed within the housing (Figure 3: 210 and AIN substrate are housed within 211); a resistive heater thermally (See Claim 2 or [0010-0011] and Figure 3: 226) coupled to a photonic integrated circuit (PLC at 210 [0018]) disposed on the substrate ([0003] teaches AWG may contain a support substrate; or AIN substrate in which 210 is mounted on [0010-0011]); a thermistor ([0020]) configured to measure a temperature of the photonic integrated circuit ([0020]); and a control circuit electrically coupled to the resistive heater and the thermistor and configured to regulate temperature within the housing based on feedback from the thermistor ([0020]).
As for Claim 3, Deveau teaches the device of Claim 1, wherein the resistive heater (Figure 3: 226) is configured to maintain the photonic integrated circuit (at 210) at a consistent operating temperature ([0020]).
As for Claim 4, Deveau teaches the device of Claim 1, wherein the thermistor is positioned in close proximity to the photonic integrated circuit for accurate temperature sensing (Paragraph [0020] the circuit at 210 and thermistor is mounted to the same substrate thus being close proximity to each other).
As for Claim 5, Deveau teaches the device of Claim 1, further comprising an optical fiber optically coupled to the photonic integrated circuit (Figure 2: fibers located at 240 are being routed into the housing via opening 224 to couple with 210; [0019]).
As for Claim 6, Deveau teaches the device of Claim 5, wherein the optical fiber is configured to transmit or receive optical signals ([0018]).
As for Claim 7, Deveau teaches the device of Claim 1, wherein the control circuit is further configured to activate the resistive heater when the thermistor detects a temperature below a predetermined threshold (Paragraph [0020] teaches thermistor and controller is used to prevent temperature fluctuations; hence the structures of 226, sensor thermistor, and controller must have some form activation or deactivation in order to minimize temperature fluctuations).
As for Claim 8, Deveau teaches the device of Claim 1, wherein the control circuit is operable to control the temperature within the housing to be within a desired range ([0020] teaches controlling temperature to minimize temperature fluctuations hence this implied a specified range is targeted during the act of controlling temperature fluctuations).
As for Claim 13, Deveau teaches the device of Claim 1, wherein the control circuit is further configured to deactivate the resistive heater when the thermistor detects a temperature above a predetermined threshold (Paragraph [0020] teaches thermistor and controller is used to prevent temperature fluctuations; hence the structures of 226, sensor thermistor, and controller must have some form activation or deactivation in order to minimize temperature fluctuations).
As for Claim 15, Deveau teaches the device of Claim 1, wherein the substrate is configured to provide mechanical support and thermal conduction for the photonic integrated circuit (PLC at 210 [0018]) disposed on the substrate ([0003] teaches AWG may contain a support substrate; or AIN substrate in which 210 is mounted on [0010-0011]).
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Deveau 2003/0222070US.
In regard to Claim 16, Deveau teaches the device claim 8, wherein the heater is capable of minimizing temperature fluctuations at a desired temperature range ([0020]).
Deveau does not teach wherein the range is 40 degrees to 45 degrees Celsius.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the operational temperature range of the device to be 40-45 degrees Celsius in order to optimize the optical sensitivity of the components inside the device. Higher or lower threshold will start to degrade or affect operational transmission loss via thermal stress. Paragraph [0020] indicates it is desirable to minimize fluctuations and prevent thermal stress which may produce premature breakdown of components or produce unwanted operational loss, jitter or other undesirable effects. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Deveau 2003/0222070US in view of the US Patent Application Publication to Crafts 2003/0089694US.
In regard to Claim 2, Deveau teaches the device of Claim 1 defines an enclosure (Figure 2: 211) for the substrate ([0003-0006] or [0010-0011]), the photonic integrated circuit, the resistive heater, the thermistor, and the control circuit.
Deveau does not teach wherein the housing is a non-hermetic enclosure.
Crafts does teach an optical device housing (Figure 1: 42) wherein the housing may be used for non-hermetic application to isolate the internal components from external stress ([0002]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Deveau 211 to be non-hermetic. Non-hermetic housing does not require the expensive structures or sealing steps needed for hermetic application. This modification will reduce the cost of manufacturing the device. Crafts design is compatible with both hermetic and non-hermetic applications thus making them compatible with Deveau device.
Claims 9-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication to Deveau 2003/0222070US in view of the US Patent Application Publication to Winzer 2023/0176304US.
In regard to Claim 9-12 and 14, Deveau teaches an optical PLC circuit that can handle WDM and DWDM light modulations (0003-0006]) wherein electrical wires are being routed into the housing to provide electrical power (Figure 2: electrical cables).
Deveau does not teach a photonic circuit co-package (Figure 166a) having a PIC and a EIC ([1152]) further comprising a driver circuit (Figure 166a: within 16710; [1158]) electrically coupled to the photonic integrated circuit ([1158]) and configured to supply a drive signal to a modulator (modulator within 16610’ [1158]) that provides a modulated optical signal ([00158]); wherein the driver circuit includes electronic components for biasing the photonic integrated circuit; wherein the photonic integrated circuit includes integrated modulators for optical signal modulation; further comprising a lens array disposed on the substrate and aligned with the photonic integrated circuit for directing optical signals, electrical connectivity to the photonic integrated circuit.
Winzer does teach the circuit further comprising a driver circuit electrically coupled to the photonic integrated circuit and configured to supply a drive signal to a modulator that provides a modulated optical signal; wherein the driver circuit (Figure 166a: within 16710) includes electronic components for biasing the photonic integrated circuit (Figure 166a: driver send signal from 16710 to 16610 in the PIC layer for modulation [1158]); wherein the photonic integrated circuit includes integrated modulators (Figure 166a: within 16610 [1158]) for optical signal modulation; further comprising a lens array (Figure 166a: within 16612 [1158]) disposed on the substrate (substrate of pic layer 16704) and aligned with the photonic integrated circuit for directing optical signals, electrical connectivity to the photonic integrated circuit (the EIC and PIC both contain electrical signals thus it must connect to some of form of external wiring in order to operate). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the PLC of Deveau to include a driver, modulator within the PLC, and a lens array to focus light. The drivers and modulators allow the device to have different modulation schemes for different optical systems. The lens focusing ability helps improve optical coupling to other components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent to Ashley 7,379,633US teaches an optical package having a heater, thermistor and control unit to control the temperature of the package.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/Examiner, Art Unit 2874
/UYEN CHAU N LE/Supervisory Patent Examiner, Art Unit 2874
