Prosecution Insights
Last updated: April 18, 2026
Application No. 18/290,283

PARALLELIZED PROBING OF A PLURALITY OF SAMPLES IN A SELF-ORGANIZED STRUCTURE

Final Rejection §102
Filed
Nov 10, 2023
Examiner
LUU, THANH X
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Technische Universität München
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
1051 granted / 1346 resolved
+10.1% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
1376
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
40.6%
+0.6% vs TC avg
§102
34.6%
-5.4% vs TC avg
§112
18.5%
-21.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1346 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 . This Office Action is in response to amendments and remarks filed October 31, 2025. Claims 1, 2, 4, 6, 8, 10-11, 13, 14, 20, 23, 24, 32 and 33 are currently pending. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 14, 20, 23 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Cumming et al. (U.S. PGPUB 2023/0160850). Regarding claims 14, 20, 23, Cumming et al. disclose (Figs., see also annotated Fig.1, below) a sensor chip for parallelized probing of a plurality of samples, the sensor chip comprising: a measurement volume (microfluidic channel) configured to receive a carrier fluid comprising a plurality of sample objects (biomarker), each of the sample objects comprising or forming a respective sample; an array of sensors (2D array; 104) arranged in or adjacent to a first wall of the measurement volume, wherein the sensor array has a first spacing ai (e.g. two sensor wide) and each of the sensors comprises one or more sensing elements, each of which is configured to generate a sensor signal characterizing a physical observable in the vicinity of the respective sensing element; and two or more boundary or guiding structures (110) configured to confine or guide a motion of the sample objects in the measurement volume, wherein the two or more boundary or guiding structures are arranged such that when a close-packing ([0106]) of solid objects having a circular cross section with a diameter d equal to the first spacing ai is placed in the measurement volume with the close-packing of the solid objects covering the entire first wall of the measurement volume (since the same structure is disclosed, the behavior to such solid objects would result), the two or more boundary or guiding structures confine the solid objects such that a respective solid object is aligned (see annotated Fig. 1 below) with each of the sensors. Cumming et al. disclose a microfluidic channel and flow of the sample ([0106]). There is an inlet and outlet for the flow and the flow is stopped as claimed. PNG media_image1.png 348 783 media_image1.png Greyscale Allowable Subject Matter Claims 1, 2, 4, 6, 8, 10, 11, 13, 26, 28, 29, 32, 33 are allowed over the prior art of record. Claims 15, 17, 19, 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments Applicant's arguments filed October 31, 2025 have been fully considered but they are not persuasive. With regard to claim 14, Applicant asserts that Cumming et al. do not disclose “two or more boundary or guiding structures are arranged such that… confine the solid objects such that a respective solid object is aligned with each of the sensors.” Examiner disagrees. The claim states that “each of the sensors comprises one or more sensing elements” and the sensor array has “a first spacing a1” and “the solid objects having a circular cross section with a diameter of d equal to the first space a1”. As demonstrated in the annotated Fig.1, above, when a 2x2 sensor element array is interpreted as one “sensor” the claimed limitations are disclosed by Cumming et al. Thus, Applicant’s remarks are not persuasive and this rejection is proper. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH LUU whose telephone number is (571)272-2441. The examiner can normally be reached 9AM-5:30PM. 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, Georgia Epps can be reached at 571-272-2328. 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. /THANH LUU/Primary Examiner, Art Unit 2878
Read full office action

Prosecution Timeline

Nov 10, 2023
Application Filed
Aug 01, 2025
Non-Final Rejection — §102
Oct 31, 2025
Response Filed
Dec 02, 2025
Final Rejection — §102
Mar 09, 2026
Examiner Interview Summary
Mar 09, 2026
Applicant Interview (Telephonic)
Mar 24, 2026
Request for Continued Examination
Mar 31, 2026
Response after Non-Final Action

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

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
88%
With Interview (+10.1%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 1346 resolved cases by this examiner. Grant probability derived from career allow rate.

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