Office Action Predictor
Last updated: April 15, 2026
Application No. 18/266,049

OPTICAL FILM FOR OXYGEN SATURATION SENSING

Non-Final OA §112
Filed
Jun 08, 2023
Examiner
WINAKUR, ERIC FRANK
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
3M Innovative Properties Company
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
92%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
814 granted / 1031 resolved
+9.0% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
30 currently pending
Career history
1061
Total Applications
across all art units

Statute-Specific Performance

§101
7.3%
-32.7% vs TC avg
§103
28.2%
-11.8% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1031 resolved cases

Office Action

§112
CTNF 18/266,049 CTNF 72468 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 08-25-01 AIA Applicant's election without traverse of the invention of Group I in the reply filed on November 10, 2025 is acknowledged. 08-06 AIA Claim 33 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 10, 2025 . Claim Rejections - 35 USC § 112 07-30-02 AIA 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 2 and 14 - 19 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. With regard to claim 2, the claim generally sets forth a capability of the overall system but neither indicates which of the positively claimed elements of the system implement the function nor provides an additional structural element to provide the result. As such, the metes and bounds of the claim are unclear. With regard to claim 14, the claim generally sets forth a capability of the overall system but neither indicates which of the positively claimed elements of the system implement the function nor provides an additional structural element to provide the result. As such, the metes and bounds of the claim are unclear. With regard to claim 18, the claim appears to both introduce a new element “a display 12” and indicate that same element has already been defined by indicating “comprising the display panel…”. As such, it is unclear whether an additional element is intended to be set forth. Allowable Subject Matter 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Applicant cites several references from 3M Innovative Properties Company that relate to layered filters; however, the references fall into an exception under 102(b). Additionally, Gobeyn et al. (USPN 7,972,266) teaches a monitoring system (Figure 2a) including display, camera/imager, and processing elements for collecting and analyzing optical data related to physiological information. Gobeyn et al. teach that the optical sensor/imager (Figure 2b) may include spectral filter 126 in addition to the camera, but do not particularly teach the filter structure, nor is there indication that the filter provides a passband; in fact, the arrangement is indicated to be for sensing across the spectrum. Additionally, Gu (USPN 9,301,694 – Figures 2A, 2B), Vu et al. (USPGPub 2019/0290176 – Figures 2, 6, 8), and Deliwala (USPGPub 2010/0305418 – Figures 1 - 4) teach devices having display and sensing functions, but do not teach or suggest use of an optical reflector with plural polymer layers and the overall properties as set forth in the claim. While the prior art includes layered filter arrangements, as disclosed for example in Nevitt et al. (USPGPub 2016/0238762 – Abstract; Figures 4, 6, 8), Kivel et al. (USPGPub 2018/0372932 – Summary), and Johnson et al. (USPGPub 2020/0386931 – Summary; Figures 5, 6), these filters are not particularly discussed in relation to configurations comprising both display and physiological optical sensing elements, nor do they disclose a response including a passband encompassing a wavelength of interest consistent with the claim requirement for the passband. As such, the prior art does not teach or suggest, a display panel, optical sensor, and optical reflector comprising a plurality of polymeric layers which provide the response of the final seven lines of claim 1, including a bandpass that comprises a wavelength of interest, in combination with the other claim elements . 12-151-07 AIA 07-97 12-51-07 Claim s 1 and 3 – 13 are allowed. 07-43-01 AIA Claim s 2 and 14 - 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), 2nd paragraph, set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC FRANK WINAKUR whose telephone number is (571)272-4736. The examiner can normally be reached Mon-Fri 9 am - 6 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, Chuck Marmor, II can be reached at 571-272-4730. 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. /ERIC F WINAKUR/Primary Examiner, Art Unit 3791 Application/Control Number: 18/266,049 Page 2 Art Unit: 3791 Application/Control Number: 18/266,049 Page 3 Art Unit: 3791 Application/Control Number: 18/266,049 Page 4 Art Unit: 3791 Application/Control Number: 18/266,049 Page 5 Art Unit: 3791
Read full office action

Prosecution Timeline

Jun 08, 2023
Application Filed
Dec 04, 2025
Non-Final Rejection — §112
Mar 19, 2026
Response Filed

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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
79%
Grant Probability
92%
With Interview (+12.5%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1031 resolved cases by this examiner. Grant probability derived from career allow rate.

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