Prosecution Insights
Last updated: April 19, 2026
Application No. 18/164,654

BIOSENSOR APPARATUS AND METHOD OF USE THEREOF

Non-Final OA §102
Filed
Feb 06, 2023
Examiner
CHIU, MAY LEUNG
Art Unit
1758
Tech Center
1700 — Chemical & Materials Engineering
Assignee
The Royal Institution For The Advancement Of Learning / Mcgill University
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
3y 5m
To Grant
63%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allow Rate
10 granted / 19 resolved
-12.4% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
39 currently pending
Career history
58
Total Applications
across all art units

Statute-Specific Performance

§103
39.7%
-0.3% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 19 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s election without traverse of claims 19-20 in the reply filed on 10/15/2025 is acknowledged. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/06/2023 is being considered by the examiner. Claim Rejections - 35 USC § 102 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 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Black et al. (US 20200191699 A1). Regarding claim 19, Black teaches a biosensor apparatus (Fig. 7) comprising: a photodiode array (50)(Figs. 1B and 7 and there is an array of depressions 20, and a photodiode per depression), a substrate (14) atop the photodiode array (Fig. 7), an electrically conductive coating (electrode 16) atop the substrate (Fig. 7 and para. 0049), and an analyte receiving area (depressions 20) atop the electrically conductive coating, the photodiode array having a field of view (the combined detection area of each photodiode)(para. 0148) encompassing the analyte receiving area and extending across the substrate and the electrically conductive coating (Fig. 7 and para. 0005 0150). Regarding claim 20, Black teaches all of the elements of the current invention as stated above with respect to claim 19. Black further teaches wherein when an electrical voltage is applied across the electrically conductive coating (16), analytes present at the analyte receiving area emit electrochemiluminescence (ECL) light emission across the electrically conductive coating, across the substrate and towards the photodiode array (Interpreted as an intended use. The instant invention does not recite a structure for applying and electrical volage, and analyte is not positively recited. For compact prosecution, paras. 0134 and 0150 teaches an electrical potential is applied to initiate a redox reaction on an ECL label, causing the ECL-label to emit light, which is detected by photodiode 50). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAY CHIU whose telephone number is (571)272-1054. The examiner can normally be reached 9 am - 5 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maris Kessel can be reached at 571-270-7698. 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. /M.L.C./Examiner, Art Unit 1758 /MARIS R KESSEL/Supervisory Patent Examiner, Art Unit 1758
Read full office action

Prosecution Timeline

Feb 06, 2023
Application Filed
Dec 09, 2025
Non-Final Rejection — §102 (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

1-2
Expected OA Rounds
53%
Grant Probability
63%
With Interview (+10.0%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 19 resolved cases by this examiner. Grant probability derived from career allow rate.

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