Prosecution Insights
Last updated: August 15, 2026
Application No. 18/342,881

NONINVASIVE WATER CONTENT SENSOR

Non-Final OA §103
Filed
Jun 28, 2023
Priority
Jul 05, 2022 — provisional 63/358,423
Examiner
RODAK, LEE E
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Southern Methodist University
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
268 granted / 372 resolved
+4.0% vs TC avg
Strong +34% interview lift
Without
With
+34.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
53 currently pending
Career history
372
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
53.5%
+13.5% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 372 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 . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 RCE filed on 05/20/2026 has been entered. Response to Amendment The amendments filed on 05/11/2026 have been fully considered and are made of record. Claims 1, 9 and 17 have been amended. Claims 3, 11 and 19 have been cancelled. Response to Arguments Applicant’s arguments filed on 05/11/2026 have been considered but are moot because new ground of rejection has been applied based on amendments. 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) 1-2 and 4-10, 12-18 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chiao et al. (Pub NO. US 2024/0011925 A1; hereinafter Chiao; Fig. 2B is applicant’s admitted prior art) in view of Byun et al. (Pub NO. US 2010/0090903 A1; hereinafter Byun). Regarding Claim 1, Chiao teaches a system (system 240 in Fig. 2B and Fig. below; See [0065]) for noninvasive monitoring of water content in a tissue (See [0011]) comprising: a radio-frequency (RF) planar resonant loop sensor (RF loop sensor 240 in Fig. 2B and Fig. below; See [0065]) comprising: a planar loop antenna (See planar loop antenna without element inside in Fig. 2B and Fig. below; See [0065]); PNG media_image1.png 450 852 media_image1.png Greyscale a detector (loop antenna without element in Fig. 2B is connected to detector/vector network analyzer; See [0066]-[0068]) configured to be connected with the RF planar resonant loop sensor to detect a near-field resonance (See [0066]-[0068]), wherein the water content in the tissue is determined (water content in tissue is determined in fig. 4 with resonance loop antenna in Fig. 2B; See [0068]). Chiao is silent about an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency. Byun teaches an element disposed within and co-planar with a loop formed by the planar loop antenna (element 102 is disposed within loop antenna 105 is co-planar of the loop formed by antenna 105 in Fig. 1; See [0025]-[0030]); wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna (See the gap between 102 and 105 is constant Fig. 1; See [0025]-[0030]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Chiao by using an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency, as taught by Byun in order to achieve the planar antenna can obtain characteristics of omni-directional radiation patterns having a narrow bandwidth through the circular patch (Byun; See [0028]). Regarding Claim 2, Chiao in view of Byun teaches the system of claim 1. Chiao further teaches wherein the water is disposed within human tissue, non-human animal tissue, or plant tissue (See [0011], [0013], [0068]). Regarding Claim 4, Chiao in view of Byun teaches the system of claim 1. Chiao further teaches wherein the system is configured to be disposed on or about a surface (system 240 is disposed on surface of substrate in Fig. 2B; See [0005]). Regarding Claim 5, Chiao in view of Byun teaches the system of claim 1. Chiao further teaches wherein the detector comprises a vector network analyzer (loop antenna without element in Fig. 2B is connected to vector network analyzer; See [0066]-[0068]), a scalar network analyzer, a spectrum analyzer, a phase-lock loop, or a frequency lock circuit. Regarding Claim 6, Chiao in view of Byun teaches the system of claim 5. Chiao further teaches wherein the system is configured to measure an |s11| reflection coefficient (reflection coefficient without element is measured; See [0068]). Regarding Claim 7, Chiao in view of Byun teaches the system of claim 5. Chiao further teaches wherein the system is configured to monitor water content over time by measuring a resonance twice or more in a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Regarding Claim 8, Chiao in view of Byun teaches the system of claim 5. Chiao further teaches wherein the system is configured to monitor water content over time by measuring a resonance continuously during a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Regarding Claim 9, Chiao teaches a kit (kit 240 in Fig. 2B and Fig. below; See [0065]) for noninvasive monitoring of water content in a tissue (See [0068]) comprising: a radio-frequency (RF) planar resonant loop sensor (RF loop sensor 240 in Fig. 2B and Fig. below; See [0065]) comprising: a planar loop antenna (See planar loop antenna in Fig. 2B and Fig. below; See [0065]); a detector (loop antenna without element in Fig. 2B is connected to detector/vector network analyzer; See [0066]-[0068]) configured to be connected with the RF planar resonant loop sensor to detect a near-field resonance (See [0066]-[0068]); and a device (substrate in Fig. 2B and Fig. below) to secure the RF planar resonant loop sensor to a surface (substrate secure the loop sensor to it’s surface in Fig. 2B and Fig. below; See [0005]), wherein the detector is configured to measure the water content in the tissue is determined (water content in tissue is determined in fig. 4 with resonance loop antenna in Fig. 2B; See [0068]). PNG media_image1.png 450 852 media_image1.png Greyscale Chiao is silent about an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency. Byun teaches an element disposed within and co-planar with a loop formed by the planar loop antenna (element 102 is disposed within loop antenna 105 is co-planar of the loop formed by antenna 105 in Fig. 1; See [0025]-[0030]); wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna (See the gap between 102 and 105 is constant Fig. 1; See [0025]-[0030]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Chiao by using an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency, as taught by Byun in order to achieve the planar antenna can obtain characteristics of omni-directional radiation patterns having a narrow bandwidth through the circular patch (Byun; See [0028]). Regarding Claim 10, Chiao in view of Byun teaches the kit of claim 9. Chiao further teaches wherein the water is disposed within an organic material comprising human tissue, non-human animal tissue, or plant tissue (See [0011], [0013]). Regarding Claim 12, Chiao in view of Byun teaches the kit of claim 9. Chiao further teaches wherein the system is configured to be disposed on or about a surface (system 240 is disposed on surface of substrate in Fig. 2B; See [0005]). Regarding Claim 13, Chiao in view of Byun teaches the kit of claim 9. Chiao further teaches wherein the detector comprises a vector network analyzer (loop antenna without element in Fig. 2B is connected to vector network analyzer; See [0066]-[0068]), a scalar network analyzer, a spectrum analyzer, a phase-lock loop, or a frequency lock circuit. Regarding Claim 14, Chiao in view of Byun teaches the kit of claim 13. Chiao further teaches wherein the system is configured to measure an |s11| reflection coefficient (reflection coefficient without element is measured; See [0068]). Regarding Claim 15, Chiao in view of Byun teaches the kit of claim 9. Chiao teaches wherein the system is configured to monitor water content over time by measuring a resonance twice or more in a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Regarding Claim 16, Chiao in view of Byun teaches the kit of claim 9. Chiao teaches wherein the system is configured to monitor water content over time by measuring a resonance continuously during a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Regarding Claim 17, Chiao teaches a method (method in Fig. 2B and Fig. below; See [0065]]) of measuring water content in a tissue (See [0011]) comprising: providing a system for noninvasive monitor or water content in the tissue (system 240 in Fig. 2B and Fig. below; See [0065]) comprising: a radio-frequency (RF) planar resonant loop sensor (RF loop sensor 240 in Fig. 2B and Fig. below; See [0065]) system comprising: a planar loop antenna (See planar loop antenna in Fig. 2B and Fig. below; See [0065]); and a detector (loop antenna without element in Fig. 2B is connected to detector/vector network analyzer; See [0066]-[0068]) configured to be connected with the RF planar resonant loop sensor to detect a near-field resonance (See [0066]-[0068]); disposing the loop on a surface of the material (disposing sensor loop 200 on surface of material tank 102 in Fig. 2); and measuring a near-field resonance with the system, wherein the water content in the tissue is determined. PNG media_image1.png 450 852 media_image1.png Greyscale Chiao is silent about an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency. Byun teaches an element disposed within and co-planar with a loop formed by the planar loop antenna (element 102 is disposed within loop antenna 105 is co-planar of the loop formed by antenna 105 in Fig. 1; See [0025]-[0030]); wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna (See the gap between 102 and 105 is constant Fig. 1; See [0025]-[0030]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention was made to modify the system of Chiao by using an element disposed within and co-planar with a loop formed by the planar loop antenna; wherein a gap with a constant width is formed between an outer diameter of the element and an inner diameter of the planar loop antenna to maximize a quality factor of the sensor for a selected reference frequency, as taught by Byun in order to achieve the planar antenna can obtain characteristics of omni-directional radiation patterns having a narrow bandwidth through the circular patch (Byun; See [0028]). Regarding Claim 18, Chiao in view of Byun teaches the method of claim 17. Chiao further teaches wherein the tissue comprises an organic material comprising human tissue, non-human animal tissue, or plant tissue (See [0011], [0013]). Regarding Claim 20, Chiao in view of Byun teaches the method of claim 17. Chiao further teaches wherein the step of measuring the near-field resonance with the system comprises measuring an |s11| reflection coefficient (reflection coefficient without element is measured; See [0068]). Regarding Claim 21, Chiao in view of Byun teaches the method of claim 17. Chiao further teaches further comprising measuring a near-field resonance twice or more in a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Regarding Claim 22, Chiao in view of Byun teaches the method of claim 17. Chiao further teaches further comprising measuring a near-field resonance continuously during a selected time period (measuring change of resonance frequency periodically without element in Fig. 4 and Fig. 5 to monitor water content in tissue; See [0068]-[0069]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST). 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, Rodak Lee can be reached on 571-270-5628. 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. /ZANNATUL FERDOUS/Examiner, Art Unit 2858 /LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858
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Prosecution Timeline

Jun 28, 2023
Application Filed
Nov 03, 2025
Non-Final Rejection mailed — §103
Feb 02, 2026
Response Filed
Mar 09, 2026
Final Rejection mailed — §103
May 11, 2026
Response after Non-Final Action
May 20, 2026
Request for Continued Examination
May 22, 2026
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+34.3%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 372 resolved cases by this examiner. Grant probability derived from career allowance rate.

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