Prosecution Insights
Last updated: May 29, 2026
Application No. 18/438,355

Sorption-Induced Tunable Fiber Optic Plasmonic Gas Sensing

Non-Final OA §102
Filed
Feb 09, 2024
Priority
Feb 09, 2023 — provisional 63/444,232
Examiner
SOHN, SEUNG C
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BATTELLE MEMORIAL INSTITUTE
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
714 granted / 820 resolved
+19.1% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
21 currently pending
Career history
836
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
33.0%
-7.0% vs TC avg
§102
54.3%
+14.3% vs TC avg
§112
3.8%
-36.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 820 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 Group I (Claims 1-5, 7-13, 15-16, 19-20 and 31-32) in the reply filed on February 6, 2026 is acknowledged. Claims 27-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. 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. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIM et al. ("Real-Time Monitoring of Gas-Phase and Dissolved CO2 Using a Mixed-Matrix Composite Integrated Fiber Optic Sensor for Carbon Storage Application", Environ. Sci. Technol. 2022, 56, 15, 10891-10903 (Pages A – M).) Regarding claim 1, Kim et al. shows in Fig. 1 an optical fiber (FG105LCA) comprising a layer of coating composition disposed on the exterior of a glass fiber (Page C, left column last paragraph - right column first paragraph); and wherein the layer of coating composition comprises: plasmonic nanocrystals (NCp) dispersed in a porous polymer (Page F, right column line 8); or a composite comprising polymer and functionalized plasmonic nanocrystals. 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) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chau et al. (Patent Pub> NO. US 2010/0182607 A1). Regarding claim 1, Chau et al. shows in Fig. 1 an optical fiber (2) comprising a layer (3) of coating composition disposed on the exterior of a glass fiber; and wherein the layer of coating composition comprises: plasmonic nanocrystals (3) dispersed in a porous polymer (4) ([0032]); or a composite comprising polymer and functionalized plasmonic nanocrystals. Allowable Subject Matter Claims 2-5, 7-13, 15-16, 19-20 and 31-32 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kumar et al. (Patent No. US 10,725,373 B1) discloses nano-patterning and graphene oxide (GO) layering on functional surfaces and devices including improved fabrication methods and applications. Lincoln et al. (Patent No. US 11,988,602 B2) discloses a surface plasmon resonance detection system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEUNG C SOHN whose telephone number is (571)272-4123. The examiner can normally be reached M - F 8 - 5. 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. /SEUNG C SOHN/Primary Examiner, Art Unit 2878
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Aug 25, 2025
Response after Non-Final Action
Mar 25, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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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
87%
Grant Probability
97%
With Interview (+10.2%)
2y 4m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 820 resolved cases by this examiner. Grant probability derived from career allowance rate.

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