Prosecution Insights
Last updated: August 06, 2026
Application No. 17/414,837

INTEGRATED OPTICAL BIOSENSORS INCLUDING MOLDED BEAM SHAPING ELEMENTS

Non-Final OA §103
Filed
Jun 16, 2021
Priority
Dec 17, 2018 — provisional 62/780,697 +1 more
Examiner
CHEN, TSE W
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
ams AG
OA Round
5 (Non-Final)
56%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
91 granted / 164 resolved
-14.5% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
14 currently pending
Career history
183
Total Applications
across all art units

Statute-Specific Performance

§101
7.8%
-32.2% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
15.9%
-24.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 164 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/18/26 has been entered. Claim Rejections - 35 USC § 103 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(s) 1-3, 6, 8-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over “Jo”, US Publication 20200182688, in view of “Haiberger”, US Publication 20200129104. Jo discloses an integrated optical biosensor module [0009: “An electronic device according to certain embodiments may include: a substrate, an optical sensor device including at least one light-emitting element and a light-receiving element”; 0076–0077 describing PPG sensor module 310 in wearable device 300] comprising: two or more light sources operable to produce light at different wavelengths for emission from the module, wherein a first light source [e.g., red LED] of the two or more light sources produces a first light at a first wavelength and a second light source [e.g., IR LED] of the two or more light sources produces a second light at a second wavelength that is greater than the first wavelength [0063-65: light sensor device 210 includes light-emitting elements that emit various wavelength bands, specifically including “a red LED, a green LED, a blue LED, and an infrared (IR) LED”; “the red LED may emit light in a 655-665 nm wavelength band, and the IR diode may emit light in a 930-955 nm wavelength band”]; a substrate including a photosensitive region, the photosensitive region including two or more photodetectors operable to detect light produced by a respective one of the two or more light sources and reflected by a subject that is outside the module [0067: light-receiving element 240 that “may measure the reflected light or incident light of the light emitted by the light-emitting elements 230” and “may include one of a photo diode (PD) and an avalanche photo diode (APD)”; 0069: light-receiving element “may be implemented as an element having a response (e.g., a gain depending the wavelength) corresponding to the wavelength characteristic of the light-emitting elements 230”; 0061: “Light emitted from the light-emitting element 230 is transmitted or reflected, and the light sensor device 210 may sense the reflected light through the light-receiving element 240” from “the user’s body”]. wherein the subtrate is operable to determine a physiological condition of the subject based on signals from the two or more photodetectors [0061: “the light sensor device 210 may measure the user’s heart rate, oxygen saturation, or blood sugar through light reflected from the user’s body”; 0066: “The light sensor device 210 may measure the oxygen saturation of the user of the electronic device using the IR diode and the red LED”; 0077: “may measure biometric information of at least one of the user’s heart rate, stress, blood oxygen saturation (SpO2), and blood sugar”; Jo further discloses a processor 120 that processes data from the sensor module 176 [0020–0021]]. a clear mold covering encapsulating the two or more light sources [0093: “the injection-molded lens 460 is spaced apart from the light sensor device 410 by a set distance ‘dl’… disposed on the PCB 420 with a structure covering the entire light sensor device 410”; 0096: describing manufacture “by pouring a resin material into the coupled molds and curing the resin material”]. wherein the clear mold covering includes two or more beam shaping elements each of which is disposed so as to intersect a path of a light beam from one of the two or more light sources [0116+: “If the at least one light-emitting element includes a diode of a first wavelength band and a diode of a second wavelength band, first patterns are integrally formed in an area in which the diode of the first wavelength band is located, and second patterns are integrally formed in an area in which the diode of the second wavelength band is located”; 0124: describing four different pattern zones corresponding to red, green, blue, and IR LEDs; 0098: patterns are formed “such that light may be transmitted or reflected at a desired angle”]. wherein the clear mold covering and the two or more beam shaping elements are integrally formed of a same resin in one piece [0096: the injection-molded lens is “manufactured by pouring a resin material into the coupled molds and curing the resin material”; 0095, 0107: “patterns are integrally formed in at least a portion of the injection-molded lens”; 0097: the lens may include “polymethylmethacrylate (PMMA), polycarbonate (PC) or polyethylene (PE)”]. a housing defining an interior region that includes the clear mold covering [0079: “a housing 311 including a first face (or a front face) 311A, a second face (or a rear face) 311B, and a side face 311C surrounding the space between the first face 311A and the second face 311B”; 0101: “a housing 570 of the electronic device (e.g., a window or a cover glass) disposed above the injection-molded lens 560”; 0105: “a front plate, a rear plate, and a side plate may be coupled to the housing 570 of the electronic device so as to mount electronic components implementing the electronic device”; --- a housing 311/570/670 of the electronic device disposed above the injection-molded lens]. However, Jo does not explicitly disclose: an integrated circuit chip including a photosensitive region with two or more photodetectors [Jo teaches a light-receiving element/photodiode but does not explicitly describe it as an IC chip with multiple photodetectors]; a first beam shaping element that is symmetrical with respect to an optical axis of the first light produced by the first light source; a second beam shaping element that is asymmetrical with respect to an optical axis of the second light produced by the second light source and redirects the second light away from an unintended photodetector of the two or more photodetectors. Haiberger teaches an analogous optoelectronic sensor module for pulse oximetry [0027] comprising a potting body 4 that directly covers side surfaces of semiconductor transmitter chips 21, 22 and semiconductor detector chip 3, the chips being “mechanically connected to each other by the potting body” [0009, 0012, 0015; FIG. 1B showing potting body extending directly onto chips]; the potting body encapsulates the chips such that “the composite of the potting body and the chips is mechanically self-supporting” [0012]. Haiberger further teaches a transparent adhesive/intermediate layer between the chips and optics [0038–0041] and that the adhesive layer is “transmissive to radiation” such that “radiation generated in the semiconductor transmitter chips can pass unhindered or almost unhindered through the adhesive layer” [0038], establishing that clear/transparent encapsulant materials are used in this type of module. Haiberger further addresses the missing limitations: integration of photodetection and processing functions [0007: “the semiconductor detector chip can have several pixels”]; [0028: sensor module may include “a control unit, an evaluation unit and/or a driver unit… formed, for example, by an integrated circuit such as a user-specific integrated circuit”]; [0046: the carrier may be “a semiconductor material and, for example, forms a unit for driving and/or reading out the chips”]. symmetrical/asymmetrical configurations [0020; FIG. 2A: optics 5 assigned to each chip; 0072, FIG.6: “the lens elements 56 are formed by symmetrical prisms” for certain optics configurations; 0071; FIG. 5: “the lens elements 56 of FIG. 5 are asymmetrically shaped so that an optical axis is obliquely oriented”; 0024: “at least one of the optics or all of the optics has an optical axis oriented obliquely to the associated chip… the optical axes of the semiconductor transmitter chips are inclined towards the optical axis of the semiconductor detector chip, so that the optical axes of the chips may intersect or at least approach each other”]. redirection away from unintended photodetectors [0016: design achieves “little or no optical crosstalk between the chips”; 0014, 0019: radiation-opaque potting body combined with directed optics prevents signal transfer via unintended paths]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jo’s biosensor device with the teachings of Haiberger – encapsulating the light sources in a clear mold compound with integrated optics, using a symmetrical beam shaping element for a first wavelength light source and an asymmetrical beam shaping element for a second wavelength light source, and configuring the asymmetrical element to redirect light away from unintended photodetectors – would enhance Jo’s injection-molded lens biosensor module by providing improved optical efficiency, minimized crosstalk between channels, and a more compact, mechanically robust package structure. Regarding claim 2, the combination of Jo and Haiberger discloses the module of claim 1 wherein each of the two or more beam shaping elements is a molded lens. Jo discloses that the injection-molded lens 460 includes integrally formed patterns that function as optical elements, and teaches the lens “may be, but is not limited to, a prism lens” [0097, 0112]. Haiberger further teaches that the optics 5 are “multi-lens array or MLA” [0021] composed of “lens elements 56” that may be prisms or lenses [0068–0073; FIGS. 5–8], and that these optics are integrated into the module structure. It would have been obvious to an ordinary artisan to form the beam shaping elements as molded lenses because both Jo and Haiberger teach that lens-type optical elements can be integrally formed through molding processes to shape light from different wavelength light sources. Regarding claim 3, the combination of Jo and Haiberger discloses the module of claim 2 wherein the clear mold covering and each of the two or more beam shaping elements are composed of an epoxy resin. Jo discloses that the injection-molded lens is manufactured “by pouring a resin material into the coupled molds and curing the resin material” [0096]. Haiberger explicitly teaches that the potting body is “made of a plastic material such as an epoxy or an epoxy hybrid material” [0008]. Regarding claim 6, the combination of Jo and Haiberger discloses the module of claim 2 wherein the first beam shaping element of the two or more beam shaping elements is operable to direct a light beam from the first light source of the two or more light sources in a respective direction that differs from a direction in which a light beam from the second light source of the two or more light sources is directed by the second beam shaping element of the two or more beam shaping elements. Haiberger teaches that optics 5 can be “mounted eccentrically on the chips 21, 22, 23, 3. This allows the main emission and main reception directions of the chips 21, 22, 23, 3 to be set by means of optics 5” [0066]. Haiberger further teaches that “at least one of the optics or all of the optics has an optical axis oriented obliquely to the associated chip” [0024], demonstrating that different chips may have their light directed in different directions. Since the first beam shaping element is symmetrical and the second is asymmetrical [as established in claim 1], the two elements would implicitly direct their respective light beams in different directions – the symmetrical element directing light along the original optical axis and the asymmetrical element redirecting light at an oblique angle. Regarding claim 8, the combination of Jo and Haiberger discloses the module of claim 2 wherein at least one of the two or more light sources is operable to produce infra-red light. Jo discloses that the light sensor device includes “an infrared (IR) LED” that “may emit light in a 930-955 nm wavelength band” [0065, 0078: “A light source using an infrared (IR) wavelength may be used to acquire biometric information such as a heart rate and oxygen saturation (SpO2) of a human body”]. Haiberger similarly teaches a first semiconductor transmitter chip designed to “emit radiation of a first wavelength… around 940 nm” in the “near-infrared spectral range” [0004, 0026]. Regarding claim 9, the combination of Jo and Haiberger discloses the module of claim 2 wherein at least one of the two or more light sources is operable to produce visible light. Jo discloses that the light sensor device includes “a red LED, a green LED, [and] a blue LED” which emit in visible wavelength bands blue at 455–565 nm, green at 620–635 nm, red at 655–665 nm [0065]. Haiberger similarly teaches a second semiconductor transmitter chip that emits “radiation of a second wavelength… around 660 nm” in the “red spectral range” and a third chip emitting “green light… with a wavelength of maximum intensity around 535 nm” [0005-0006, 0026]. Regarding claim 10, the combination of Jo and Haiberger discloses the module of claim 1 wherein the clear mold covering is transparent to the light produced by the two or more light sources. Jo teaches that the injection-molded lens transmits light of the wavelength bands emitted by the LEDs [0095: “patterns… improving optical efficiency”; 0107: “patterns integrally formed in at least a portion thereof to transmit light having at least one wavelength band and to improve the optical efficiency of the transmitted light”]. Jo further teaches that the patterns are specifically designed to improve transmission for the wavelength bands of the included light-emitting elements [0114–0115]. Haiberger teaches that the intermediate/adhesive layer between chips and optics is “transmissive to radiation, so that… radiation generated in the semiconductor transmitter chips can pass unhindered or almost unhindered through the adhesive layer” [0038, 0041]. In the combination, the clear mold covering would be transparent to the emitted wavelengths to enable the intended biosensor function. Regarding claim 11, the combination of Jo and Haiberger discloses the module of claim 1 wherein the two or more light sources and the integrated circuit chip are disposed in the interior region. Jo discloses that the optical sensor device 410/510/610 including light-emitting elements and light-receiving element is mounted on the PCB inside the electronic device, with the housing disposed above [0090–0093, 0101, 0105–0106: “the light sensor device 510 may be disposed under the rear plate of the electronic device”; e.g., FIG. 5A showing sensor device 510 inside housing 570]. In combination, the light sources and detection components on the integrated circuit chip are within the interior defined by the housing. Regarding claim 12, the combination of Jo and Haiberger discloses the module of claim 11 wherein the housing has a first aperture over the clear mold covering. Jo teaches that the light sensor device is exposed to the external environment through the housing [0073: “a part thereof (e.g., the disposed locations of the light-emitting elements 230 and the light-receiving element 240) may be disposed so as to be disposed to the external environment through the housing (or the cover glass) of the electronic device”; 0076: “an optical sensor device 310 may be exposed on the rear face 311B of the electronic device” – the exposed portions of the housing through which light is emitted constitute apertures over the clear mold covering; 0051: “a recess or an opening may be formed in a part of the screen display area of the display… a light-emitting element… may be included and aligned with the recess or the opening”]. Regarding claim 13, the combination of Jo and Haiberger discloses the module of claim 12 further including a second aperture over the integrated circuit chip. Jo teaches that the window 250 of the light sensor device has transparent areas corresponding to both the light-emitting elements and the light-receiving element to allow light to reach and from the external environment [0071: “The window 250 may have a structure in which the areas corresponding to the disposed locations of the light-emitting elements 230 and the light-receiving element 240 are transparent”]. Jo further teaches a shielding unit 257 between these areas, implying separate transparent openings/apertures for the emitting and receiving regions [0072]. Thus, the housing would have a second aperture over the photodetector/IC chip region to allow reflected light from the subject to reach the detector. Regarding claim 14, the combination of Jo and Haiberger discloses the module of claim 1 wherein the integrated circuit chip is operable to determine an oxygen saturation level of the subject based on the signals from the two or more photodetectors. Jo explicitly discloses that “the light sensor device 210 may measure the user’s heart rate, oxygen saturation, or blood sugar through light reflected from the user’s body” [0061] and specifically that “light sensor device 210 may measure the oxygen saturation of the user of the electronic device using the IR diode and the red LED” [0066, 0077: “may measure biometric information of at least one of the user’s heart rate, stress, blood oxygen saturation (SpO2), and blood sugar on the basis of the reflected light detected by the light-receiving element 340”]. Haiberger similarly teaches that “the sensor module can be used to measure both pulse and oxygen saturation in the blood” [0027, 0094: “The oxygen saturation is determined from the signals of the radiation of the first and second wavelengths”]. Regarding claim 15, the combination of Jo and Haiberger discloses the module of claim 1 wherein the integrated circuit chip is operable to determine a pulse rate of the subject based on the signals from the two or more photodetectors. Jo discloses that the sensor device measures “the user’s heart rate” [0061, 0066: “the user’s heart rate may be measured using the IR diode and the red LED or the IR diode and the green LED”; 0077: “may measure biometric information of at least one of the user’s heart rate”]. Haiberger similarly teaches pulse measurement [0016: “pulse frequency and oxygen saturation”; 0027: “measure both pulse and oxygen saturation in the blood”; 0094: “The pulse frequency in particular is determined from the signal originating from the third semiconductor transmitter chip 23”]. Regarding claim 16, the combination of Jo and Haiberger discloses the module of claim 1 wherein the integrated circuit chip is operable to determine a heart rate of the subject based on the signals from the two or more photodetectors. Jo explicitly discloses heart rate measurement [0066, 0004, 0040, 0061, 0077, 0078: “the user’s heart rate may be measured using the IR diode and the red LED or the IR diode and the green LED”; “a green wavelength light source may be used to measure the heart rate of the human body… A red wavelength light source may be used to measure heart rate more accurately”). Haiberger similarly teaches heart rate determination from the PPG sensor signals [0094]. Regarding claim 17, the combination of Jo and Haiberger discloses the module of claim 1 as discussed above. Jo further discloses a host computing device [e.g., 101, 300] comprising: a cover glass [e.g., 201, 202]; the module according to claim 1 disposed adjacent the cover glass [as discussed above, module on substrate with mold covering over it]; an application [e.g., 140, 146] executable on the host computing device and operable to cause the module to perform a physiological measurement on the subject based on light produced by the two or more light sources, reflected by the subject, and sensed by a respective photodetector of the two or more photodetectors [0063+, 0097+, 0103+]; and a display screen [e.g., 160, 320] operable to display data indicative of the physiological condition of the subject based on the signals from the two or more photodetectors [0027, 0049+, 0080+]. Regarding claim 18, the combination of Jo and Haiberger discloses each and every limitation as discussed above in reference to claims 1 and 17. Jo further discloses a processor [120] coupled to the integrated circuit chip, operable to determine a physiological condition from photodetector signals [FIG.1]. Regarding claims 19-20, Jo further teaches the molded lens/covering are shaped to improve optical efficiency and the cover glass 570 may be substantially transparent [0102, 0105]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to define the lens shape based on the air gap between the cover glass and optical biosensor module and based on the thickness of the cover glass since the air gap and cover glass thickness affect the optical light path, one would be motivated to use routine experimentation to modify the shape of the lens so that the lens can properly focus the light out from the light source through the components of the optical stack. [Jo: 0102, 0105). Response to Arguments Applicant’s arguments, filed 5/18/26, with respect to the 103 rejection(s) under primary reference Lee have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jo and Haiberger. Applicant's arguments regarding Jo have been fully considered but they are not persuasive. Generally, the “incompatible objectives” against Jo and other references is not persuasive as they are all in the same technical field of at least optical biosensing, wearable devices, crosstalk reduction, wavelength-specific emission, and compact packaging – in essence, the references are at least complementary. As discussed above, Jo teaches multiple patterns formed integrally on a poured resin in areas in which the diodes of particular wavelengths are located such that light may be transmitted or reflected at a desired angle [0116+, 0124, 0098] – i.e., Jo is highly relevant to the claimed subject matter, and not merely “an external injection-molded lens”. Furthermore, Jo’s teachings involving light redirection [particularly the wavelength-dependent optical efficiency improvements, area specific lens patterning and optical steering] supports beam shaping/optical efficiency/crosstalk management that is pertinent to Haiberger’s teachings. Specifically, Haiberger expressly teaches at least multiple wavelengths, optics assigned to each chip, and asymmetrically shaped lens elements so the optical axis is obliquely oriented which provides support for a 103 combination of directional steering, wavelength-specific optics, and source/detector separation – all relevant to crosstalk suppression and not exclusive to pulse oximetry. Accordingly, new grounds of rejection with Haiberger, in combination with Jo, is used to teach the particular symmetrical/asymmetrical arrangement for redirection away from unintended photodetectors. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tse Chen whose telephone number is (571)272-3672. The examiner can normally be reached M-F 7-3 EST. 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, Jonathan Moffat can be reached at 571-272-4390. 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. /TSE CHEN/Supervisory Patent Examiner, Art Unit 3791
Read full office action

Prosecution Timeline

Show 7 earlier events
Jun 13, 2025
Non-Final Rejection mailed — §103
Sep 29, 2025
Response Filed
Feb 02, 2026
Final Rejection mailed — §103
May 12, 2026
Applicant Interview (Telephonic)
May 12, 2026
Examiner Interview Summary
May 18, 2026
Request for Continued Examination
May 20, 2026
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
56%
Grant Probability
78%
With Interview (+22.8%)
3y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 164 resolved cases by this examiner. Grant probability derived from career allowance rate.

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