Prosecution Insights
Last updated: August 06, 2026
Application No. 17/802,460

NON-INVASIVE DETECTION METHOD, DEVICE, SYSTEM AND WEARABLE APPARATUS FOR TISSUE ELEMENT

Non-Final OA §103§112
Filed
Aug 25, 2022
Priority
Feb 26, 2020 — CN 202010120521.6 +1 more
Examiner
WESTFALL, SARAH ANN
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Sunrise Technologies Co. Ltd.
OA Round
3 (Non-Final)
0%
Grant Probability
At Risk
3-4
OA Rounds
0m
Est. Remaining
0%
With Interview

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 10 resolved
-70.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
59
Total Applications
across all art units

Statute-Specific Performance

§101
17.4%
-22.6% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
25.7%
-14.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§103 §112
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 . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 27 March 2026 has been entered. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 9, 16, 32, 39-41, and 43-47 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding Claim 9 and 32, the limitation “a cross-section area of a first end of each of the at least two receiving light guide parts is greater than a cross-sectional area of a second end of each of the at least two receiving light guide parts” recited in the last three lines of the claim are indefinite. This limitation is unclear if the “cross-section area” is referring to each individual light guide part of the at least two receiving light guide parts or if the “cross-section area” is referring to an area covering all ends of the at least two receiving light guide parts. The limitation is unclear what classifies as the cross-sectional areas of the first and second ends of the at least two receiving light guide parts. Claims not explicitly rejected above are rejected due to their dependence on the above claims. 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. Claims 9, 16, 32, 39, 41, and 44-47 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et. al.'297 (U.S. Publication Number 20040024297 – previously cited) in view of Maruo et. al.'435 (U.S. Patent 6016435 – previously cited), and further in view of Tsuchiya et. al.'987 (U.S. Patent 5517987 – previously cited). Regarding Claim 9, Chen et. al.’297 discloses a non-invasive detection method for a tissue element (Paragraph [0038] - The present method of and apparatus for non-invasively determining the blood oxygen saturation level within a subject's tissue), comprising acquiring, for a detected site of a detected object, a second light intensity measurement value for each predetermined wavelength of at least one predetermined wavelength at a measurement distance, or a second light intensity reference value for each predetermined wavelength of at least one predetermined wavelength at a reference distance (Paragraph [0025] - sensing a first intensity and a second intensity of the light signal, along the first, second, and third wavelengths), wherein the measurement distance is a source-detection distance corresponding to a first light intensity measurement value, and the reference distance is a source-detection distance corresponding to a first light intensity reference value (Paragraph [0028] - distance ("d") between the light source to the light detector is known or is determinable); and determining a concentration of a tissue element to be detected according to the second light intensity measurement value for each predetermined wavelength and/or the second light intensity reference value for each predetermined wavelength (Paragraph [0028] - amount of concentrations of deoxyhemoglobin (Hb) and oxyhemoglobin (HbO.sub.2) within the examined tissue); wherein the acquiring, for the detected site of the detected object, the second light intensity measurement value for each predetermined wavelength at the measurement distance, or the second light intensity reference value for each predetermined wavelength at the reference distance comprises: emitting, for the detected site of the detected object, an incident beam corresponding to each predetermined wavelength to a surface of the detected site through a light source entrance (Paragraph [0039] - Light signals of known but different wavelengths from the light sources 18 emit through a prism assembly 22. The light sources 18 are preferably laser diodes that emit light at a narrow spectral bandwidth at predetermined wavelengths); and acquiring, based on a measurement/reference photosensitive surface corresponding to each predetermined wavelength, the second light intensity measurement/reference value emitted from the surface of the detected site after each incident beam passes through the detected site, wherein a source-detection distance between each measurement/reference photosensitive surface and a center of the incident beam is a corresponding measurement/reference distance (Paragraph [0025] - sensing a first intensity and a second intensity of the light signal, along the first, second, and third wavelengths after the light signal travels through the subject at a first and second predetermined distance; (3) determining an attenuation of the light signal for each of the first, second, and third wavelengths using the sensed first intensity and sensed second intensity of the first, second, and third wavelengths; Paragraph [0029] - For example, an operator can create reference values by sensing a light signal or other reference medium using the calibrated sensor. The operator can then calibrate an uncalibrated sensor by sensing the same light signal or reference medium, and subsequently adjusting the uncalibrated sensor into agreement with the calibrated sensor. Hence, once a reference sensor is created, other similar sensors can be calibrated without the need for invasive procedure; Paragraph [0039] - The light detector 20 includes one or more photodiodes. The photodiodes are also operably connected to the processor portion 12 via the first and second connector cables 26, 28. The processor portion 12 includes a processor for processing light intensity signals from the light sources 18 and the light detectors 19, 20). Chen et. al.’297 fails to disclose each measurement/reference photosensitive surface belongs to a linear photosensitive surface array. Maruo et. al.'435 teaches a linear photodiode array – photodiodes are photosensitive - (Column 14 Lines 28-31 - Five diodes 10U are aligned by a pitch P of 200 .mu.m to obtain a diode array. Five receiving elements 20U are aligned by the pitch P of 200 gm to obtain a receiving element array; Figure 35). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the setup of the photodiodes of Chen et. al.’297 to include a linear arrangement as seen in Maruo et. al.’435 since it is a simple substitution of one known element/arrangement for another to obtain predictable results and/or an arrangement of photodiodes is required and Maruo teaches one such arrangement. Chen et. al.’297 fails to disclose non-contact between the light source entrance and the surface of the detected site and a non-contact between the linear photosensitive surface array and the surface of the detected site are achieved by causing the light source entrance to be in contact with a first end of a light guide part array, the linear photosensitive surface array to be arranged at the first end of the light guide part array, and a second end of the light guide part array to be in contact or non-contact with the surface of the detected site wherein the second end of the light guide part array and the first end of the light guide part array are opposite end faces. Tsuchiya et. al.'987 teaches non-contact between a light source entrance and a surface of a detected site that is achieved by causing a light source entrance to be in contact with a first end of a light guide part, with a photodiode array at an end of a light guide part array, and a second end of a light guide part is in contact or non-contact with a surface of a detected site wherein a first and second end of a light guide part are at opposite ends (Column 14 Lines 62-63 - A space between the light guide 6 and the object 20 to be measured is very small in the embodiment of FIG. 7; Column 15 Lines 12-15 - The first photodetector 12, the second photodetector 13, and the third photodetector 14 convert the received optical signals into electric signals, amplify the signals and output the detected signals a, b, and c, respectively). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the setup of the light source and detector from Chen et. al.’297 in view of Maruo et. al.’435 to be similar to that of Tsuchiya et. al.’987 in order to achieve good results when the device is not in contact with the detected object. Chen et. al.’297 fails to disclose the light guide part array comprises an emission light guide part and a receiving light guide part array, and the receiving light guide part array comprises at least two receiving light guide parts, and wherein a distance between first ends of two adjacent receiving light guide parts of the at least two receiving light guide parts is greater than a distance between second ends of two adjacent receiving light guide parts of the at least two receiving light guide parts, so that the light guide part array is arranged as a fan-shaped light guide part array; and a cross-sectional area of the first end of each of the at least two receiving light guide parts is greater than a cross-sectional area of the second end of each of the at least two receiving light guide parts. Maruo et. al.’435 teaches a light guide part system comprises an emission light guide part and at least two receiving light guide parts (Column 9 Lines 18-28 - FIGS. 13 and 14, an optical fiber bundle 4F is formed with a plurality of sub-bundles…In each of the sub-bundles, a projection end of the first optical fiber 10F is disposed on an end surface of the optical fiber bundle 4F at an eccentric point of a circular pattern, and two receiving ends of the second optical fibers (20F, 21F)). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the light system of Chen et. al.’297 to include an emission light and at least two receiving light guide parts as seen in Maruo et. al.’435 in order to gather as much data as possible regarding the light scattering to output data used as inference about the detected site. Maruo et. al.’435 teaches a distance between first ends of two adjacent receiving light guide parts of the at least two receiving light guide parts is greater than a distance between second ends of two adjacent receiving light guide parts of the at least two receiving light guide parts creating a cross-sectional area of the first end of each of the at least two receiving light guide parts is greater than a cross-sectional area of the second end of each of the at least two receiving light guide parts (see Annotated Figure 15 below). PNG media_image1.png 488 468 media_image1.png Greyscale Annotated Figure 15 It would have been obvious to one of ordinary skill in the art the time the invention was effectively filed to have modified the system of Chen et. al.’297 to include a setup of receiving light guide parts that have varying distances in order to control depth projection as a way capture radiation from various skin layers as seen in Maruo et. al.’435. Regarding Claim 32, the sections of Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 cited above disclose an apparatus comprising the elements set forth in the claim. Regarding Claim 16, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the method outlined in Claim 9 above. Chen et. al.’297 further discloses wherein determining a concentration of a tissue element to be detected according to the second light intensity measurement value for each predetermined wavelength or the second light intensity reference value for each predetermined wavelength (Paragraph [0028] - amount of concentrations of deoxyhemoglobin (Hb) and oxyhemoglobin (HbO.sub.2) within the examined tissue), comprises performing, for each predetermined wavelength, a difference operation between the second light intensity measurement value for the predetermined wavelength and the second light intensity reference value for the predetermined wavelength, so as to obtain a light intensity difference value (Paragraph [0028] - determining a difference in attenuation – a measurement of light intensity - of the light signal between the first wavelength and the second wavelength), and determining the concentration of the tissue element to be detected according to the light intensity difference value for each predetermined wavelength (Paragraph [0028] - determining the blood oxygen saturation level within the subject's tissue using the difference in attenuation). Regarding Claim 39, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32. Maruo et. al.'435 further teaches a light guide part array comprises a first flat housing and a second flat housing, the first flat housing is provided with a light guide groove array, and the light guide groove array comprises an emission light guide groove and at least two receiving light guide grooves (Column 10 Lines 57-60 - Each of the supporting members 40J is formed with a coupling portion 41J, a plurality of convex portions 42J, and grooves 43J formed between adjacent convex portions 42J, as shown in FIG. 19; Fig. 23), wherein the first flat housing is engaged with the second flat housing, and after the first flat housing and the second flat housing are engaged, a first end of the first flat housing and a first end of the second flat housing form a groove (Column 10 Lines 61-65 - The first and second optical fibers (10J, 20J) are disposed in the grooves 43J of the supporting members 40J. In this embodiment, a half of the supporting members 40J are used for the first optical fibers 10J, and the rest of the supporting members are used for the second optical fibers 20J; Fig. 23), and a light source entrance is in contact with a first end of the emission light guide groove, and a linear photosensitive surface is embedded in the groove (Column 14 Lines 23-26 - a plurality of luminescent semiconductor diodes 10U are used in place of the first optical fibers 10, and receiving elements 20U are used in place of the second optical fibers 20). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the light system of Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 to also include layers of flat material with grooves as seen in Maruo et. al.’435 in order to organize light emission and retrieval fibers (Column 12 Lines 1-13). Regarding Claim 41, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32. Chen et. al.’297 further discloses wherein the emission light guide part is an emission light guide rod, each of the at least two receiving light guide parts is a receiving light guide rod (Paragraph [0039] - The assembly housing 14, which is a flexible structure that can be attached directly to a subject's body, includes one or more light sources 18 and light detectors 19, 20), and wherein a first end of the emission light guide rod is in contact with the light source entrance, and a first end of the receiving light guide rod is provided with a corresponding original photosensitive surface of the at least two original photosensitive surfaces (Paragraph [0039] - Light signals of known but different wavelengths from the light sources 18 emit through a prism assembly 22. The light sources 18 are preferably laser diodes that emit light at a narrow spectral bandwidth at predetermined wavelengths….A first connector cable 26 connects the assembly housing 14 to the connector housing 16 and a second connector cable 28 connects the connector housing 16 to the processor portion 12. The light detector 20 includes one or more photodiodes. The photodiodes are also operably connected to the processor portion 12 via the first and second connector cables 26, 28). Regarding Claim 44, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32 above. Chen et. al.’297 further discloses the processor is configured to perform, for each predetermined wavelength, a difference operation on the second light intensity measurement value and the second light intensity reference value for the predetermined wavelength, so as to obtain a light intensity difference value (Paragraphs [0039-0040] - For example, an operator can create reference values by sensing a light signal or other reference medium using the calibrated sensor. The operator can then calibrate an uncalibrated sensor by sensing the same light signal or reference medium, and subsequently adjusting the uncalibrated sensor into agreement with the calibrated sensor. Hence, once a reference sensor is created, other similar sensors can be calibrated without the need for invasive procedure…The processor portion 12 includes a processor for processing light intensity signals from the light sources 18 and the light detectors 19, 20…The processor utilizes an algorithm that characterizes a change in attenuation as a function of the difference in attenuation between different wavelengths), and determine the concentration of the tissue element to be detected according to the light intensity difference value for each predetermined wavelength (Paragraph [0028] - the total amount of concentrations of deoxyhemoglobin (Hb) and oxyhemoglobin (HbO.sub.2) within the examined tissue can be determined using the present method and apparatus). Regarding Claim 45, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outline in Claim 32 above. Chen et. al.’297 fails to disclose wherein the light source entrance and the linear photosensitive surface array are in non-contact with the surface of the detected site, and the device further comprises a first light blocking part or a second light blocking part, and wherein the first light blocking part is arranged in a gap region between the light source entrance and the surface of the detected site, the first light blocking part is in contact with the surface of the detected site, the light source entrance is arranged inside the first light blocking part, and the first light blocking part is integral with the light source entrance or the first light blocking part is separate from the light source entrance. Tsuchiya et. al.'987 teaches a light source entrance and photodiode surface in non-contact with a surface of a detected site (Figure 7). Tsuchiya et. al.'987 further teaches a medium-filled space – could be seen as a block – between a light source entrance and surface of a detected site (Column 14 Lines 62-67 to Column 15 Lines 1- 4 - A space between the light guide 6 and the object 20 to be measured is very small in the embodiment of FIG. 7. However, this can be made large, and a liquid medium or a jelly-like object (hereinafter called an interface material) having substantially the same refractive index and scattering coefficient as the scattering medium 20, which is the object to be measured, may be filled in this space. Since the light is diffused during propagation in the interface material and then incident on the object to be measured, no problems arise). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Chen et. al.’297 in view of Maruo et. al.’435 to include a medium-filled space – a “block” – as seen in Tsuchiya et. al.’987 in order to act as an interface material between the existing light system of the device and the detected site so as to improve the measurements while maintaining the device’s integrity. Regarding Claim 46, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32 above. Chen et. al.’297 fails to disclose wherein the second end of the light guide part array is in non-contact with the surface of the detected site, and the device further comprises a third light blocking part wherein the third light blocking part is arranged in a gap region between the emission light guide part and the surface of the detected site, a first end of the third light blocking part is in contact with a second end of the emission light guide part, a second end of the third light blocking part is in contact with the surface of the detected site, and the second end of the third light blocking part and the first end of the third light blocking part are opposite end faces. Tsuchiya et. al.’987 teaches wherein a second end of a light guide part array is in non-contact with a surface of a detected site, and the device further comprises a third light blocking part wherein the third light blocking part is arranged in a gap region between an emission light guide part and a surface of the detected site, a first end of the third light blocking part is in contact with the second end of the emission light guide part, a second end of the third light blocking part is in contact with the surface of the detected site, and the second end of the third light blocking part and the first end of the third light blocking part are opposite end faces (Column 14 Lines 62-67 to Column 15 Lines 1-4 - A space between the light guide 6 and the object 20 to be measured is very small in the embodiment of FIG. 7. However, this can be made large, and a liquid medium or a jelly-like object (hereinafter called an interface material) having substantially the same refractive index and scattering coefficient as the scattering medium 20, which is the object to be measured, may be filled in this space. Since the light is diffused during propagation in the interface material and then incident on the object to be measured, no problems arise; Fig. 7). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified Chen et. al.’297 in view of Maruo et. al.’435 to include a medium-filled space – a “block” – as seen in Tsuchiya et. al.’987 in order to act as an interface material between the existing light system of the device and the detected site while maintaining the device’s integrity. Regarding Claim 47, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32 above. Chen et. al.’297 further discloses a wearable apparatus, comprising a body and the non-invasive detection device for the tissue element, wherein the non-invasive detection device for the tissue element is arranged on the body, and the wearable apparatus is configured to be worn on the detected site (Paragraph [0038] - the present method of and apparatus for non-invasively determining the blood oxygen saturation level within a subject's tissue; Paragraph [0039] - The assembly housing 14 (acting as the body of the device), which is a flexible structure that can be attached directly to a subject's body, includes one or more light sources 18 and light detectors 19, 20; Figure 2). Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et. al.'297 (U.S. Publication Number 20040024297 – previously cited) in view of Maruo et. al.'435 (U.S. Patent 6016435 – previously cited), further in view of Tsuchiya et. al.'987 (U.S. Patent 5517987 – previously cited), and further in view of Lai et. al.'484 (U.S. Publication Number – previously cited). Regarding Claim 40, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32 above but fails to disclose a surface of the light guide groove array provided on the first flat housing is coated with film, and an inner surface of the second flat housing is coated with film or an inner surface of the first flat housing is coated with film, and the inner surface of the second flat housing is coated with film. Lai et. al.’484 teaches a surface of a groove provided on a first housing is coated with film and an inner surface of a second housing is coated with film (Paragraph [0043] - a step of mold-filling, a base with a groove formed thereon is provided, and the groove is then filled with a photosensitive adhesive). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device structure of Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 to include housing with photosensitive adhesive – similar to a film – as seen in Lai et. al.’484 in order to form a waveguide within the housing groove for better optical coupling (Paragraph [0057] - better optical-coupling may be achieved as the optical waveguide 130 guides light). Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et. al.'297 (U.S. Publication Number – previously cited) in view of Maruo et. al.'435 (U.S. Patent 6016435 – previously cited), further in view of Tsuchiya et. al.'987 (U.S. Patent 5517987 – previously cited), and further in view of Davis et. al.'254 (U.S. Publication Number 20170340254 – previously cited). Regarding Claim 43, Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 discloses the device outlined in Claim 32 above but fails to disclose the emission light guide part is an emission solid light guide sheet, each of the at least two receiving light guide parts is a receiving solid light guide sheet, and wherein a surface of the emission solid light guide sheet and a surface of the receiving solid light guide sheet are coated with film. Davis et. al.’254 teaches an emission solid light guide sheet, a receiving solid light guide sheet, and wherein a surface of the emission solid light guide sheet and a surface of the receiving solid light guide sheet are coated with film (Paragraph [0143] - A light emitting diode (LED) or low power laser diode 237 is depicted as introducing light, represented by arrow 239 into sheet 241…The thin film sheet 241 serves to conduct this light throughout its volume by total internal reflection and scattering. The upper surface 247 of sheet 241 can be made hydrophilic even if the polymer composing the sheet is hydrophobic as per the discussion below. This can be done by texturing or chemically processing the surface…light, represented by arrow 233, from the fluorescing area 243 will be coupled back into sheet 241 and conducted to a photodetector 235; Fig. 17). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the light system of Chen et. al.’297 in view of Maruo et. al.’435, and further in view of Tsuchiya et. al.'987 to include light guide sheets coated in a film or polymer as seen in Davis et. al.’254 in order to control reflection and scattering of light and/or interact with and/or repel other elements on the device. Response to Arguments Applicant's arguments filed 27 March 2026 have been fully considered and they are not entirely persuasive. Applicant’s amendments have overcome prior rejections under 35 U.S.C. 103, but the claims are rejected under 35 U.S.C. 103 as necessitated by amendments and are addressed within Paragraphs 6-8 above. It is noted by the examiner that the applicant’s amendments to include the limitation “fan-shaped” (otherwise “tapering” as recited in page 13 of the “Remarks” submitted by the applicant) is recited within the claims to be caused by “a distance between first ends of two adjacent receiving light guide parts is greater than a distance between second ends of two adjacent receiving light guide parts”. This recited difference in distances is taught by prior art Maruo et. al.’435 as addressed in Paragraph 6 above. If the applicant intends the first ends’ distance between adjacent light guide parts be compared to a second ends’ distance between the same adjacent light guide parts, the examiner suggests amending the claims to advocate for such. The examiner believes that due to the reasons addressed above, it would have been obvious to one of ordinary skill in the art to modify Chen et. al.’297 in view of Maruo et. al.’435 and further in view of Tsuchiya et. al.'987 in order to achieve the device as claimed in the instant application without having to “forcibly apply” these concepts. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Caro’002 (U.S. Patent 5348002) discloses an analyte sensing device comprising converging optical fibers. Petitdidier et. al.’790 (U.S. Publication Number 20190195790), Hammond et. al.’387 (U.S. Patent 5404387), and Abul-Haj et. al.’018 (U.S. Publication Number 20060206018) disclose optical devices comprising bundling optical fibers in order to control backscattering and improve signal-to-noise ratio. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH ANN WESTFALL whose telephone number is (571) 272-3845. The examiner can normally be reached Monday-Friday 7:30am-4:30pm 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, Jennifer Robertson can be reached at (571) 272-5001. 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. /SARAH ANN WESTFALL/Examiner, Art Unit 3791 /ETSUB D BERHANU/Primary Examiner, Art Unit 3791
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Prosecution Timeline

Show 2 earlier events
Sep 03, 2025
Response Filed
Dec 29, 2025
Final Rejection mailed — §103, §112
Feb 27, 2026
Response after Non-Final Action
Mar 27, 2026
Request for Continued Examination
Apr 07, 2026
Response after Non-Final Action
May 19, 2026
Non-Final Rejection mailed — §103, §112
Jul 30, 2026
Applicant Interview (Telephonic)
Jul 30, 2026
Examiner Interview Summary

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Prosecution Projections

3-4
Expected OA Rounds
0%
Grant Probability
0%
With Interview (+0.0%)
3y 4m (~0m remaining)
Median Time to Grant
High
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