Prosecution Insights
Last updated: October 23, 2026
Application No. 18/808,849

ASYMMETRICAL SCALING OF CO-PACKAGED OPTICS

Final Rejection §DOUBLEPATENT
Filed
Aug 19, 2024
Examiner
ISMAIL, OMAR S
Art Unit
2635
Tech Center
2600 — Communications
Assignee
Mellanox Technologies Ltd.
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
769 granted / 842 resolved
+29.3% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
22 currently pending
Career history
868
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
67.4%
+27.4% vs TC avg
§102
7.6%
-32.4% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 resolved cases

Office Action

§DOUBLEPATENT
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 . DETAILED OFFICE ACTION Status of Claims Claims 1-21 are pending in this Office Action. Response to Remarks Non-Statutory Double Patenting The Examiner Acknowledges the Applicant’s remarks regarding the Non-Statutory Double Patenting rejection . The Examiner request’s the Applicant representative to submit terminal disclaimer to overcome the rejection. 35 U.S.C. § 103 The Examiner’s Acknowledges the Applicants remarks/argument regarding the rejection. Examiners agrees with remarks/argument presented by the Applicant, and based on the remarks/argument the Examiner withdraws the rejection for claims 1-21 over prior art presented on office action dated 07/17/2026. No further rejection based on 35 U.S.C. § 103 are pending for the claims . Double Patenting 1. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 2. Claims 1,2,3,4,5,6,7,8,9,10,11,12,13,15,16,17,18,19,20 and 21 are provisionally rejected on the ground of nonstatutory double patenting over claims 1,2,3,4,5,7,8,10,2,6,7,8,11,3,4,5,14,15,7 and 8 of Co-pending Application No. 19297013. This is a provisional double patenting rejection because the patentably indistinct claims have not in fact been patented. The subject matter claimed in the instant application is fully disclosed in the referenced co-pending application and would be covered by any patent granted on that co-pending application since the referenced copending application and the instant application are claiming common subject matter, as follows (NOTE: Within the Instant application the matching claim limitation matching the Copending Application are underlined for Clarity of Comparison): Present Application Co-pending Application 19/297,013 As per claim 1, An optical assembly, comprising: an optical module configured to receive a light beam, wherein the optical module is configured to produce a plurality of optical signals using the light beam, wherein the optical module comprises a plurality of transmitters, and wherein a portion of the light beam is directed to a corresponding transmitter; and an optical coupler operably coupled to each of the plurality of transmitters via at least one transmitter optical fiber, wherein the optical coupler is configured to split the portion of the light beam from each transmitter into a plurality of optical signals based on wavelength, polarization, or wavelength-polarization combinations of each optical signal for transmission to a corresponding receiver via a plurality of receiver optical fibers, wherein each of the plurality of receiver optical fibers is independently routable from the optical coupler to the corresponding receiver, and wherein the number of transmitter optical fibers connecting the plurality of transmitters of the optical module to the optical coupler is less than the number of receiver optical fibers connecting the optical coupler to the corresponding receivers. As per Claim 1, An optical assembly, comprising: an optical module comprising a plurality of transmitters; at least one transmitter optical fiber; an optical coupler operably coupled to the optical module via the at least one transmitter optical fiber; and a plurality of optical output ports coupleable to corresponding receiver optical fibers; wherein the optical module is configured to receive a light beam, direct portions of the light beam to corresponding transmitters of the plurality of transmitters to produce a plurality of optical signals from the light beam, and combine the plurality of optical signals into the at least one transmitter optical fiber as at least one combined optical signal; wherein the optical coupler is configured to split the at least one combined optical signal into a plurality of optical signals based on a wavelength, a polarization, or wavelength-polarization combinations of each optical signal, and route the plurality of optical signals to corresponding optical output ports for transmission to corresponding receivers via a plurality of receiver optical fibers, and wherein a number of transmitter optical fibers is less than a number of optical output ports. As per claim 2,The optical assembly of claim 1, wherein the optical module further comprises a power splitter operably coupled to the plurality of transmitters, wherein the power splitter is configured to split the light beam into multiple portions such that each portion of the light beam from the power splitter is directed to the corresponding transmitter. As per claim 2, The optical assembly of claim 1, wherein the optical module further comprises a power splitter operably coupled to the plurality of transmitters, wherein the power splitter is configured to split the light beam into multiple portions such that each portion of the light beam from the power splitter is directed to the corresponding transmitter. As per claim 3,The optical assembly of claim 1, wherein a ratio of receiver optical fibers to transmitter optical fibers is 16:1. As per claim 3, The optical assembly of claim 1, wherein a ratio of optical output ports to transmitter optical fibers is 16:1. As per claim 4,The optical assembly of claim 1,wherein the optical coupler comprises a demultiplexer (DMUX). As per claim 4,The optical assembly of claim 1, wherein the optical coupler comprises a demultiplexer (DMUX). As per claim 5,The optical assembly of claim 1,wherein the optical module is a co-packaged optics (CPO) module. As per claim 5,The optical assembly of claim 1, wherein the optical module is a co-packaged optics (CPO) module. As per claim 6,The optical assembly of claim 1, wherein the optical module further comprises a sense line operably coupling a light source and the optical coupler, wherein the sense line is configured to detect characteristics of the portions of the light beam received at the optical coupler such that a configuration of the light source is adjusted based on the characteristics detected. As per claim 7,The optical assembly of claim 1, wherein the optical module further comprises a sense line operably coupling a light source and the optical coupler, wherein the sense line is configured to detect characteristics of light received at the optical coupler such that a configuration of the light source is adjusted based on the characteristics detected. As per claim 7,The optical assembly of claim 1, wherein the optical module further comprises a sensor configured to detect characteristics of the portions of the light beam at the optical module and a sense line operably coupled to the sensor and a light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. As per claim 8, The optical assembly of claim 1, wherein the optical module further comprises a sensor configured to detect characteristics of the portions of the light beam at the optical module and a sense line operably coupled to the sensor and a light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. As per claim 8, A system comprising: a light source configured to generate a light beam comprising a plurality of wavelengths, a plurality of polarizations, or a plurality of wavelength-polarization combinations, an optical module operably coupled to the light source, wherein the optical module is configured to produce a plurality of optical signals using the light beam, wherein the optical module comprises a plurality of transmitters, wherein a portion of the light beam is directed to a corresponding transmitter; and an optical coupler operably coupled to each of the plurality of transmitters via at least one transmitter optical fiber, wherein the optical coupler is configured to split the portion of the light beam from each transmitter into a plurality of optical signals based on wavelength, polarization, or wavelength-polarization combinations of each optical signal for transmission to a corresponding receiver via a plurality of receiver optical fibers, wherein each of the plurality of receiver optical fibers is independently routable from the optical coupler to the corresponding receiver, and wherein the number of transmitter optical fibers connecting the plurality of transmitters of the optical module to the optical coupler is less than the number of receiver optical fibers connecting the optical coupler to the corresponding receivers. As per claim 10, A system comprising: a light source configured to generate a light beam comprising a plurality of different wavelengths, polarizations, and/or wavelength-polarization combinations; and an optical assembly comprising: an optical module comprising a plurality of transmitters; at least one transmitter optical fiber; an optical coupler operably coupled to the optical module via the at least one transmitter optical fiber; and a plurality of optical output ports coupleable to corresponding receiver optical fibers; wherein the optical module is configured to receive a light beam, direct portions of the light beam to corresponding transmitters of the plurality of transmitters to produce a plurality of optical signals from the light beam, and combine the plurality of optical signals into the at least one transmitter optical fiber as at least one combined optical signal; wherein the optical coupler is configured to split the at least one combined optical signal into a plurality of optical signals based on a wavelength, a polarization, or wavelength-polarization combinations of each optical signal, and route the plurality of optical signals to corresponding optical output ports for transmission to corresponding receivers via a plurality of receiver optical fibers, and wherein a number of transmitter optical fibers is less than a number of optical output ports, wherein the optical module of the optical assembly comprises, or is operably coupled to, the light source. As per claim 9, The system of claim 8, wherein the optical module further comprises a power splitter operably coupled to the plurality of transmitters, wherein the power splitter is configured to split the light beam into multiple portions such that each portion of the light beam from the power splitter is directed to the corresponding transmitter. As per claim 2, The optical assembly of claim 1, wherein the optical module further comprises a power splitter operably coupled to the plurality of transmitters, wherein the power splitter is configured to split the light beam into multiple portions such that each portion of the light beam from the power splitter is directed to the corresponding transmitter. As per claim 10,The system of claim 8, further comprising an optical circuit switch (OCS) operably coupled between the plurality of transmitters of the optical module and the optical coupler. As per claim 6, The optical assembly of claim 1, further comprising an optical circuit switch (OCS) operably coupled between the plurality of transmitters of the optical module and the optical coupler. As per claim 11,The system of claim 8, wherein the system further comprises a sensor configured to detect characteristics of the portions of the light beam received at the optical coupler and a sense line operably coupled to the sensor and the light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. As per claim 7,The optical assembly of claim 1, wherein the optical module further comprises a sense line operably coupling a light source and the optical coupler, wherein the sense line is configured to detect characteristics of light received at the optical coupler such that a configuration of the light source is adjusted based on the characteristics detected. As per claim 12, The system of claim 8, wherein the system further comprises a sensor configured to detect characteristics of the portions of the light beam at the optical module and a sense line operably coupled to the sensor and the light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. As per claim 8, The optical assembly of claim 1, wherein the optical module further comprises a sensor configured to detect characteristics of the portions of the light beam at the optical module and a sense line operably coupled to the sensor and a light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. As per claim 13, The system of claim 8, wherein the light source comprises an array of lasers, wherein each laser is configured to generate a respective light beam comprising at least one wavelength. As per claim 11, The system of claim 10, wherein the light source comprises an array of lasers, wherein each laser is configured to generate a respective light beam comprising at least one wavelength. As per claim 15, The system of claim 8, wherein a ratio of receiver optical fibers to transmitter optical fibers is 16:1. As per claim 3, The optical assembly of claim 1, wherein a ratio of optical output ports to transmitter optical fibers is 16:1. As per claim 16,The system of claim 8, wherein the optical coupler comprises a demultiplexer (DMUX). As per claim 4,The optical assembly of claim 1, wherein the optical coupler comprises a demultiplexer (DMUX). As per claim 17, The system of claim 8, wherein the optical module is a co-packaged optics (CPO) module. As per claim 5,The optical assembly of claim 1, wherein the optical module is a co-packaged optics (CPO) module. As per claim 18, The system of claim 8, wherein the system is configured to operably interact with at least one of: a system for performing simulation operations; a system for performing simulation operations to test or validate autonomous machine applications; a system for performing digital twin operations; a system for performing light transport simulation; a system for rendering graphical output; a system for performing deep learning operations; a system for performing generative AI operations using a large language model (LLM); a system implemented using an edge device; a system for generating or presenting virtual reality (VR) content; a system for generating or presenting augmented reality (AR) content; a system for generating or presenting mixed reality (MR) content; a system incorporating one or more Virtual Machines (VMs); a system implemented at least partially in a data center; a system for performing hardware testing using simulation; a system for performing generative operations using a language model (LM); a system for synthetic data generation; a collaborative content creation platform for 3D assets; or a system implemented at least partially using cloud computing resources. 14. The system of claim 10, wherein the system is configured to operably interact with at least one of: a system for performing simulation operations; a system for performing simulation operations to test or validate autonomous machine applications; a system for performing digital twin operations; a system for performing light transport simulation; a system for rendering graphical output; a system for performing deep learning operations; a system for performing generative AI operations using a large language model (LLM); a system implemented using an edge device; a system for generating or presenting virtual reality (VR) content; a system for generating or presenting augmented reality (AR) content; a system for generating or presenting mixed reality (MR) content; a system incorporating one or more Virtual Machines (VMs); a system implemented at least partially in a data center; a system for performing hardware testing using simulation; a system for performing generative operations using a language model (LM); a system for synthetic data generation; a collaborative content creation platform for 3D assets; or a system implemented at least partially using cloud computing resources. As per claim 19, A method comprising: receiving a light beam at an optical module, wherein the optical module is configured to produce a plurality of optical signals using the light beam; directing a portion of the light beam to a plurality of transmitters; transmitting the portion of the light beam from the plurality of transmitters to an optical coupler via at least one transmitter optical fiber; splitting, at the optical coupler, the portion of the light beam from each transmitter into a plurality of optical signals based on wavelength, polarization, or wavelength-polarization combinations of each optical signal; and transmitting the plurality of optical signals to a plurality of receivers via a plurality of receiver optical fibers, wherein each of the plurality of receiver optical fibers is independently routable from the optical coupler to a corresponding receiver, and wherein the number of transmitter optical fibers connecting the transmitter of the optical module to the optical coupler is less than the number of receiver optical fibers connecting the optical coupler to the corresponding receivers. As per claim 15, A method comprising: receiving a light beam at an optical module of an optical assembly; directing portions of the light beam to a plurality of corresponding transmitters of the optical module to produce a plurality of optical signals; combining the plurality of optical signals into at least one transmitter optical fiber as at least one combined optical signal; transmitting the at least one combined optical signal to an optical coupler via the at least one transmitter optical fiber; splitting, at the optical coupler, the at least one combined optical signal into a plurality of optical signals based on wavelength, polarization, or wavelength-polarization combinations of each optical signal; and routing the plurality of optical signals to corresponding optical output ports of the optical assembly for transmission to corresponding receivers via a plurality of receiver optical fibers; wherein a number of transmitter optical fibers is less than a number of optical output ports. As per claim 20,The method of claim 19, further comprising detecting characteristics of the portions of the light beam received at the optical coupler and triggering adjustment of a configuration of a light source based on the characteristics detected. As per claim 7,The optical assembly of claim 1, wherein the optical module further comprises a sense line operably coupling a light source and the optical coupler, wherein the sense line is configured to detect characteristics of light received at the optical coupler such that a configuration of the light source is adjusted based on the characteristics detected. As per claim 21, The method of claim 19, further comprising detecting characteristics of the light beam received at the optical module and triggering adjustment of a configuration of a light source based on the characteristics detected. As per claim 8, The optical assembly of claim 1, wherein the optical module further comprises a sensor configured to detect characteristics of the portions of the light beam at the optical module and a sense line operably coupled to the sensor and a light source, wherein the sense line is configured to relay an indication of the detected characteristics to the light source such that a configuration of the light source is adjusted based on the detected characteristics. It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123. Examiner’s Notes 4. The Examiner acknowledges the following prior arts below as pertinent to the current applications claim limitations and inventive concept, although the following prior arts shown below were not relied upon to address the limitations within the claim, they are analogous art mentioning the inventive concept key points on ( co packaging photonic integrated circuit, optical fiber connectors, plurality transmitters , plurality receivers ,external optical source multiplexing optical signal , demultiplexing optical signal etc.). 1) Brandon Buscaino et al.,"External vs. Integrated Light Sources for Intra-Data Center Co-Packaged Optical Interfaces," 9th December 2020, JOURNAL OF LIGHTWAVE TECHNOLOGY, VOL. 39, NO. 7, APRIL 1, 2021,Pages 1984-1993. 2) William M. Mellette et al.," Partially configurable optical switching for data center networks," 23rd November 2017, 2017 IEEE Photonics Conference (IPC),Pages 123-124. 3) Winzer (USPUB -20220159860) 4) Winzer et al. (USPUB 20220244465) 5) Sawyer et al. (USPUB 20220264759) 6) Elsinger et al. (USPUB 20220291461) 7) GILES CLINTON RANDY (WO 2022251855) 8) Giles et al. (USPUB 20220404566 ) 9) Winzer et al. (USPUB 20230043794) 10) Winzer ( USPUB 20230077979 ) 11) Winzer et al. ( USPUB 20230375793) 12) Winzer et al. ( USPUB 20240036254) Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of Reference Cited for a listing of analogous art. 6. 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. 7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR S. ISMAIL whose telephone number is (571)272-9799 and Fax # (571)273-9799. The examiner can normally be reached on M-F: 9:00 AM - 6:00 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:/ If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, David C. Payne can be reached on (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free)? If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OMAR S ISMAIL/Primary Examiner, Art Unit 2635
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Prosecution Timeline

Aug 19, 2024
Application Filed
Jul 17, 2026
Non-Final Rejection mailed — §DOUBLEPATENT
Sep 18, 2026
Response Filed
Oct 06, 2026
Final Rejection mailed — §DOUBLEPATENT (current)

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+9.9%)
1y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
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