Prosecution Insights
Last updated: April 19, 2026
Application No. 18/364,081

BALLISTOCARDIOGRAM SENSOR

Non-Final OA §102§103
Filed
Aug 02, 2023
Examiner
WEHRHEIM, LINDSEY GAIL
Art Unit
3799
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
425 granted / 543 resolved
+8.3% vs TC avg
Strong +21% interview lift
Without
With
+21.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
32 currently pending
Career history
575
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
29.3%
-10.7% vs TC avg
§112
17.5%
-22.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 543 resolved cases

Office Action

§102 §103
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. Claim Rejections - 35 USC § 102 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. 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. Claims 1 and 3-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lu et al (WO 2018/231444 A2, hereinafter “Lu”, copy of this reference is included with this action) . Regarding claim 1, Lu discloses a ballistocardiogram sensor comprising: a lower substrate including a support part (par 0044, 0047-0049, supporting PET), a plurality of connection parts (par 0049-0051), and a vertical movement part (par 0012, 0021, 0044-0045 which allows for conformation of the sensor to the skin); a lower electrode on the lower substrate (par 0044); a piezoelectric sensing layer on the lower electrode (par 0038, 0044); and an upper electrode on the piezoelectric sensing layer (pars 0038, 0044), wherein the vertical movement part is spaced apart from the support part with the connection parts therebetween (par 0012, 0021, 0044-0045), the connection parts connect the vertical movement part and the support part (par 0012, 0021, 0044-0045), the piezoelectric sensing layer vertically overlaps the vertical movement part (as shown in figure 1, par 0038, 0044-0045), and the connection parts have a serpentine shape (par 0049-0051). Regarding claim 3, Lu discloses the lower electrode includes: a first contact part on the support part (par 0049-0051); a first connection pattern on the connection part (par 0049-0051); and a capping pattern on the vertical movement part (par 0049-0051, as shown in figure 1), wherein the contact part and the capping pattern are spaced apart from each other and connected to the first connection pattern (par 0049-0051, as shown in figure 1), and the first connection pattern vertically overlaps the connection part and has a serpentine shape (par 0049-0051, as shown in figure 1). Regarding claim 4, Lu discloses the upper electrode includes: a second contact part on the support part (pars 0049-0051); a second connection pattern on the connection part (pars 0049-0051); and a crossing pattern on the vertical movement part (par 0049-0051, as shown in figure 1), wherein the second connection pattern vertically overlaps the connection part and has a serpentine shape (par 0049-0051, as shown in figure 1). Regarding claim 5, Lu discloses the capping pattern and the crossing pattern contact the piezoelectric sensing layer (par 0049-0051, as shown in figure 1). Regarding claim 6, Lu discloses the first connection pattern and the second connection pattern are spaced apart from each other, and the first contact part and the second contact part contact each other (par 0049-0051, as shown in figure 1). Regarding claim 7, Lu discloses the crossing pattern has a comb shape (par 0049-0051, as shown in figure 1). Regarding claim 8, Lu discloses wherein the upper electrode is provided in plurality (pars 0038, 0044), the crossing pattern of one of the upper electrodes includes a first horizontal structure extending in a first direction and first vertical structures extending from the first horizontal structure in a second direction intersecting the first direction (par 0049-0051, as shown in figure 1), and the crossing pattern of other one of the upper electrodes includes a second horizontal structure spaced apart from the first horizontal structure in the second direction and extending in the first direction and second vertical structures extending in the second direction (par 0049-0051, as shown in figure 1), wherein the first vertical structures and the second vertical structures are alternately and repeatedly arranged (par 0049-0051, as shown in figure 1). Regarding claim 9, Lu discloses the upper electrode is provided in plurality (pars 0038, 0044), the crossing patterns of one pair of the upper electrodes are locally arranged in a first region of the vertical movement part (par 0049-0051, as shown in figure 1), and the crossing patterns of other one pair of the upper electrodes are locally arranged in a second region of the vertical movement part (par 0049-0051, as shown in figure 1). Regarding claim 10, Lu discloses the vertical movement part includes thereon a plurality of bump patterns formed integrally (par 0049-0051, as shown in figure 1). Regarding claim 11, Lu discloses a height of the bump patterns increases in a direction from a center portion of the vertical movement part to an outer periphery of the vertical movement part (par 0049-0051, as shown in figure 1). Regarding claim 12, Lu discloses a spacing distance between the bump patterns increases in a direction from a center portion of the vertical movement part to an outer periphery of the vertical movement part (par 0049-0051, as shown in figure 1). Regarding claim 13, Lu discloses the bump patterns are arranged in a matrix, spiral, or radial form (par 0049-0051, as shown in figure 1). Regarding claim 14, Lu discloses the vertical movement part has one of polygon shapes in a plan view, and the connection parts are respectively connected to vertices of the polygon (pars 0044, 0049-0051, as shown in figure 1). Regarding claim 15, Lu discloses the piezoelectric sensing layer includes a PVDF-TrFE material (pars 0016, 0047). Claim Rejections - 35 USC § 103 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Dagdeviren et al (US 2021/0100460 A1, hereinafter “Dagdeviren”) . Regarding claim 2, Lu discloses the claimed invention (see rejection of claim 1 above), but does not explicitly disclose the lower substrate includes a polyimide. Dagdeviren is analogous art in regard to known conformable sensing means (abstract). Dagdeviren discloses it was known in the art to include polyimide in conformable sensor constructions (par 0015). Applied to the invention of Lu, the features of Dagdeviren provide means for the lower substrate to include a polyimide as known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the features of Dagdeviren in the invention of Lu, since such a modification would provide the predictable results of inclusion of a protective insulative material that allows for flexibility and stretchability in a construction coupled to the skin/body. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Lindsey G Wehrheim whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5181 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday 9 a.m. - 5 p.m. 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, FILLIN "SPE Name?" \* MERGEFORMAT Niketa Patel can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-4156 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT Lindsey G Wehrheim Primary Examiner Art Unit 3799 /LINDSEY G WEHRHEIM/ Primary Examiner, Art Unit 3799 3/21/2026
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Prosecution Timeline

Aug 02, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §103 (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
78%
Grant Probability
99%
With Interview (+21.0%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 543 resolved cases by this examiner. Grant probability derived from career allow rate.

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