Prosecution Insights
Last updated: July 17, 2026
Application No. 18/589,707

SYSTEM AND PHOTONIC CRYSTAL FIBER-BASED SURFACE PLASMON RESONANCE SENSOR TO DETECT REFRACTIVE INDEX OF ANALYTE

Final Rejection §103
Filed
Feb 28, 2024
Examiner
CARLSON, JOSHUA MICHAEL
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
King Fahd University of Petroleum and Minerals
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
49 granted / 83 resolved
-9.0% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
20 currently pending
Career history
118
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
71.9%
+31.9% vs TC avg
§102
0.8%
-39.2% vs TC avg
§112
23.2%
-16.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 83 resolved cases

Office Action

§103
CTFR 18/589,707 CTFR 98196 +++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. Response to Amendment and Status of Application This notice is in response to the amendments filed 19 February 2026. Claims 1-20 are pending in the instant application where claims 1, 5-6, 11, 14, and 18-19 have been amended. Applicant’s amendments to the claims have overcome each and every objection and rejection under 35 U.S.C. 112(b) set forth in the Non-Final Office Action dated 01 December 2025, and are hereby withdrawn. Response to Arguments 07-37 AIA Applicant's arguments filed 19 February 2026 have been fully considered but they are not persuasive. Arguments with respect to newly added limitations including at least the arrangement of the plurality of second SCD cavities around the first SCD cavity, and plurality of third SCD cavities arranged around the second SCD cavities in an inner and outer layer, and the geometry related to the radial extension of the groove are newly added and are addressed in the rejection below. Those arguments in the remarks are therefore not persuasive . 07-30-03-h AIA Claim Interpretation Examiner notes the use of “about” in claims 10-12 in terms of a physical quantity being “about” an identified value (i.e. about 1.36 µm of claim 10). Examiner notes that this is generally a term of degree, but notes that “about”, “approximately”, “approximate”, etc. refer to range that include the identified value with a margin of 20%, 10%, or 5% (applicant’s specification page 11 lines 18-20). Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over CN 116577305 A by Ji Ma et al. (“Ma”) in view of “"THz Sensor Based on Dual-Core PCF With Defect Core in Detecting Adulteration of Olive Oil” by Shuo Liu et al. (doi: 10.1007/s11082-021-03082-9) (herein after “Liu”) and further in view of “A Large Detection-Range Plasmonic Sensor Based on an H-Shaped Photonic Crystal Fiber” by Haixia Han et al. (doi: 10.3390/s20041009) (herein after “Han”) . Regarding claim 1, Ma discloses a photonic crystal fiber-based surface plasmon resonance (PCF-SPR) sensor (Ma above [0001], photonic crystal fiber sensor based on surface plasmon resonance) to detect a refractive index of an analyte (Ma [n0004], detection of analyte sample) , comprising: a fiber core (Ma fig. 1 and [n0007] and [n0025] discloses a fiber core 6) , having: a plurality of second scale-down (SCD) cavities each having a second diameter (Ma fig. 1 and [n0025] discloses small round air holes in the inner layer 3 [second SCD cavities], shown with a diameter d 1 ; applicant’s specification describes the SCD cavities as corresponding to air-holes (example 9 page 32), i.e. analogous to the air holes within Ma ) ; a plurality of third SCD cavities each having a third diameter (Ma fig. 1 and [n0025] discloses large circular air pores in the inner layer 4 [third SCD cavities], shown with diameter d 3 ) ; and a groove, wherein a surface of the groove is coated with a metal having a first thickness (Ma fig. 1 and [n0025] discloses an open loop channel 1 [groove]; [n0027] discloses the open loop channel having a think gold film coating, which a thickness of t = 50 nm [coated with a metal having a first thickness]) ; wherein the plurality of second SCD cavities, the plurality of third SCD cavities and the groove extend axially along the fiber core (Ma [n0018] discloses that their photonic crystal fiber refractive index sensor structure includes a fiber core, cladding covering the fiber core, and air holes arranged around the structure; the mentioned air holes are the plurality of second and third SCD cavities; given the state of the art and one of ordinary skill in the art, these photonic crystal fibers have cores which extend axially – the components within are understood by one of ordinary skill as not being two dimensional; as a supporting example, any air hole of Ma that did not extend axially along the fiber core would not allow any flow through it as intended ) , wherein the plurality of second SCD cavities are arranged to form a first hexagonal arrangement (Ma [n0026] and fig. 1 disclose the small round air holes in the inner layer 3 [second SCD cavities] are arranged in a hexagonal arrangement), wherein the groove is formed on an outer surface of the fiber core and radially extends inwardly (Ma fig. 1 shows that the groove is formed on outer surface of fiber core 5 and extends radially inward toward the center of the fiber core), an analyte channel having a second thickness, wherein the analyte channel surrounds the fiber core, includes the groove, is exposed to the metal, and is configured to stream the analyte (Ma fig. 1 and [n0025] discloses an analytical layer 6, which is seen in the fig to surround the fiber core [the fiber core being composed of silica], and surrounds the open loop channel 1 [surrounds the groove]; the gold layer of the groove is shown to be exposed to the analyte in the analytical layer 6; fig. 1 shows the thickness of the analytical channel denoted by r bio [a second thickness]; the “open loop channel” is indicative of a channel through which the analyte streams) , and an outer layer surrounding the analyte channel (Ma fig. 1 and [n0025] discloses a cladding layer 7 surrounding the analytical layer 6 [outer layer surrounding analyte channel]) , wherein the refractive index of the analyte is detected based on an intensity lost by an incident light passing through the PCF-SPR sensor due to dissipation of a plasmonic energy (Ma [n0017] describes refractive index sensing of the solution under test and [n0017] describes a loss of light intensity of a mode of the fiber core when light of a certain wavelength is incident to the sensor – light intensity of the fundamental mode is transferred to the metal surface [dissipation of plasmonic energy]; fig. 5 shows a loss diagram for various refractive indices as a function of incident wavelength). Ma is silent to a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core, wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement, wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement, the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities. However, Liu does address these limitations. Ma and Liu are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Liu discloses “a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core” (Liu fig. 1 shows a dual core PCF sensor comprising a center hole with radius r3 [first scale down cavity having a first diameter]; fig. 2 shows a side view of the PCF sensor wherein the cores and cladding extend axially along a fiber core – as with Ma above, any air hole that doesn’t extend axially cannot function as intended, and thus is understood by one of ordinary skill to extend along the fiber core), “wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement” (Liu fig. 1 shows a plurality of inner-ring air holes having radius r-2 [second SCD cavities] arranged hexagonally around the central hole with radius r3 [plurality of second SCD cavities arranged around the first SCD cavity to form first hexagonal arrangement]) “wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement” (Liu fig. 1 shows the plurality of inner-ring air holes r2 and a plurality of separate air holes having radius r1 [third SCD cavities], where a plurality of third SCD cavities are arranged hexagonally around the plurality of second SCD cavities [second hexagonal arrangement]), “the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities” (Liu fig. 1 shows at least two layers of third SCD cavities comprising the second hexagonal arrangement, an inner layer and an outer layer, the outer layer surrounding the inner layer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma to incorporate a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core, wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement, wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement, the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities as suggested by Liu for the advantage of obtaining maximized resonance frequency interval responses for samples under test via an optimized PCF structure (Liu page 2 of 10, paragraph 4 and page 9 of 10 Conclusion ). Ma when modified by Liu is silent to wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities. However, Han does address this limitation. Ma, Liu and Han are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Han discloses “wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities” (Han fig. 1(a) shows a PCF based surface plasmon resonance sensor wherein an analyte containing groove extends radially inwardly to a location between two layers of cavities of the same radius, i.e. an inner layer and an outer layer [extends to a location between inner layer of third SCD cavities and outer layer of SCD cavities]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu to incorporate wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities as suggested by Han for the advantage of reducing manufacturing complexity and offering reusable capability, given the geometry of the analyte structure (Han page 2 of 8, paragraph 2). Regarding claim 2, Ma when modified by Liu and Han discloses the PCF-SPR sensor of claim 1, and Ma further teaches the sensor wherein the groove is U-shaped (Ma fig. 1 shows the open-loop channel 1 as being a circular channel with the bottom half cut-away, thereby resulting in a U-shape) . 07-21-aia AIA Claim s 3-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ma in view of Liu, in view of Han, and further in view of CN 115753683 A by Jing Wang et al. (herein after “Wang”) . Regarding claim 3, Ma when modified by Liu and Han discloses the PCF-SPR sensor of claim 1, and Ma further teaches the sensor wherein the second diameter is smaller than the third diameter (Ma fig. 1 and [n0026] discloses the radius [half the second diameter] of the inner small circular air holes 3 as 1.25µm, and the radius [half the third diameter] of the inner large circular air holes 4 is 1.4µm, larger than the second diameter). Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 1, wherein the first diameter is smaller than the second diameter. However, Wang does address this limitation. Ma, Liu, Han, and Wang are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Wang discloses the PCF-SPR sensor of claim 1, “wherein the first diameter is smaller than the second diameter” (Wang [n0012] discloses the diameter of the core single vent as 0.12-0.22 µm and the diameter of the small outer air vents is 0.62-0.72 µm - the first diameter is smaller than the second diameter; the small outer air vents are analogous to the second SCD cavities of Ma). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the first diameter is smaller than the second diameter as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 4, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 3. Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 3, wherein the first SCD cavity is located in a center of the fiber core and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor of claim 3, “wherein the first SCD cavity is located in a center of the fiber core” (Wang fig. 1 and [n0034] discloses the core single hole 10 [first SCD cavity] provided at the center of the fiber core), “and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes” (Wang [n0038] and fig. 2 disclose a dispersion relationship between a core mode [elementary core mode] and the SPP mode [SPP mode], when a phase matching condition is met [configured to facilitate a phase matching of the elementary mode and SPP mode]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the first SCD cavity is located in a center of the fiber core and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 5, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 4. Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 4, wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor of claim 4, “wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal” (Wang [n0021] discloses that the microchannel enhances the interaction between an evanescent wave and the analyte [where the analyte flows through the microchannel]; the evanescent wave is generated via interaction between the coating on the channel [metal coating of groove] and a surface of the groove – [n0021] discusses differences between SPP interactions where the coating of the groove is changed [i.e. AuTiO 2 vs Au]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal as suggested by Wang for the advantage of improving the coupling results between the core mode and the SPP mode by enhancing the interaction between the evanescent wave and the analyte, a shared goal with the present invention (Wang [n0021]). Regarding claim 6, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 5, and Ma further teaches the sensor wherein adjacent third SCD cavities of the plurality of third SCD cavities are separated by a pitch size, and wherein the pitch size is a center-to-center distance between the adjacent third SCD cavities (Ma [n0026] and fig. 1 disclose the separation between the center of the circular air holes as a lattice constant Λ = 3µm [lattice constant here is the pitch distance, and the separation is between the center of the holes, i.e. a center-to-center distance]). Regarding claim 7, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 6, and Ma further teaches the sensor wherein the plurality of second SCD cavities includes six second SCD cavities (Ma fig. 1 shows six small round air holes in the inner layer 3 [second SCD cavities]). Regarding claim 8, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 7, and Ma further teaches the sensor wherein the metal is gold (Ma [n0005] discloses a thin gold film on the open-loop channel [gold on the groove]) , and wherein the fiber core is a single-mode (Ma [n0003] discloses that photonic crystal fibers have unique properties such as being cutoff-free single-mode [fiber core is single mode]) fused silica (Ma [n0026] core and cladding made of fused silica [fiber core made of fused silica]). Regarding claim 9, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 8, and Ma further teaches the sensor wherein the first thickness is between 40 nm and 50 nm (Ma [n0014] discloses that the thickness of the gold film [thickness of the metal on the groove] is 50 nm, where the broadest reasonable interpretation of the claimed thickness range includes the bounds of the range). Regarding claim 10, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 8, and Ma further teaches the sensor wherein the second thickness is about 1.36 µm (Ma [n0010] discloses the radius of the analytical layer r bio = 12 µm from the center of the fiber; [n0026] discloses the radius of the core r s = 7.5 µm, thereby leaving a thickness of the analyte channel with the second thickness of 4.5 µm; while 4.5 µm is larger than the claimed value, the thickness of the analyte channel is a result effective variable, where finding the optimum value of a result effective variable has been shown to require only routine skill in the art – therefore, an optimum value for the second thickness [analyte channel thickness] may be found as 1.36 µm, as required for a particular application of the PCF-SPR sensor – see MPEP 2144.05 II(A) and II(B)). Regarding claim 11, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 8, and Ma further teaches the sensor wherein the plurality of second SCD cavities has a pitch size of about 2.2 µm (Ma [n0026] discloses that the lattice constant [pitch size, see claim 6] of Λ = 3 µm; 3 µm is within 30% of the claimed pitch size, though this does not inherently satisfy the claim as “about” is disclosed to be within 20% of the claimed value; while 3 µm is not within 20% of the claimed value, the pitch size of the PCF-SPR sensor is a result effective variable, where finding the optimum value of a result effective variable has been shown to require only routine skill in the art – therefore, an optimum value for the pitch size may be found as 2.2 µm, as required for a particular application of the PCF-SPR sensor – see MPEP 2144.05 II(A) and II(B)). Regarding claim 12, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 8, and Ma further teaches the sensor wherein the second diameter is about 0.5 µm and the third diameter is about 1.76 µm (Ma [n0026] discloses the diameter of the inner small circular air holes 2*(d 1 = 1.25 µm) = 2.5 µm [second diameter], and the diameter of the inner large circular air holes is 2*(d 3 = 1.4 µm) = 2.8 µm [third diameter]; though the second and third diameters are not within 20% of the claimed values, both the second and third diameters are result effective variables, where finding the optimum value of a result effective variable has been shown to require only routine skill in the art – therefore, optimum values for the second and third diameter may be found as 0.5 µm and 1.76 µm respectively, as required for a particular application of the PCF-SPR sensor – see MPEP 2144.05 II(A) and II(B); examiner notes that while [n0026] discloses the distances d 1 and d 3 as “radii”, fig.1 which depicts those distances as diameters – whether the second and third diameters are 2.5 µm or 2.8 µm does not affect the optimization of the quantities ). Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 8, wherein the first diameter is about 0.264 µm. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor according to claim 8, “wherein the first diameter is about 0.264 µm” (Wang [n0039] discloses that the diameter of the core single hole 10 [first diameter] varies in the range of 0.12 µm to 0.22 µm; the quoted range for the diameter of the core single hole 10 is within 20% of the claimed range, and reads on the claim; additionally, as with the preceding limitation, the first diameter is a result effective variable, where finding the optimum value of a result effective variable has been shown to require only routine skill in the art – therefore, an optimum value for the first diameter may be found as 0.264 µm, as required for a particular application of the PCF-SPR sensor – see MPEP 2144.05 II(A) and II(B)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the first diameter is about 0.264 µm as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 13, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 8, and Ma further teaches the sensor wherein the fiber core consists of a single-mode fused silica except for the surface of the groove which is coated with the metal (Ma fig. 1 and [n0003] discloses that the photonic crystal fibers have unique properties such as being cutoff-free single-mode [fiber core is single mode], [n0026] discloses that the core is made of fused silica; fig. 1 shows the core material consisting of fused silica except gold at the surface of the groove; the through holes [first, second, third cavities] are air holes, and thus do not constitute a material of the fiber core). Regarding claim 14, Ma discloses a system for identifying an analyte (Ma [n0017] discloses the detection of changes in light intensity yielding the refractive index sensing of an analyte under investigation; this is consistent with applicant’s statement for “identifying an analyte” on page 12 ll. 11-12, wherein “identifying an analyte” is described as “detecting a refractive index (RI) of the analyte” ) , comprising: a photonic crystal fiber-based surface plasmon resonance (PCF-SPR) sensor (Ma above [0001], photonic crystal fiber sensor based on surface plasmon resonance) , wherein the PCF-SPR sensor comprises: a fiber core (Ma fig. 1 and [n0007] and [n0025] discloses a fiber core 6) , having: a plurality of second scale-down (SCD) cavities each having a second diameter (Ma fig. 1 and [n0025] discloses small round air holes in the inner layer 3 [second SCD cavities], shown with a diameter d 1 ; applicant’s specification describes the SCD cavities as corresponding to air-holes (example 9 page 32), i.e. analogous to the air holes within Ma ) ; a plurality of third SCD cavities each having a third diameter (Ma fig. 1 and [n0025] discloses large circular air pores in the inner layer 4 [third SCD cavities], shown with diameter d 3 ) ; and a groove, wherein a surface of the groove is coated with a metal having a first thickness (Ma fig. 1 and [n0025] discloses an open loop channel 1 [groove]; [n0027] discloses the open loop channel having a think gold film coating, which a thickness of t = 50 nm [coated with a metal having a first thickness]) ; wherein the plurality of second SCD cavities, the plurality of third SCD cavities and the groove extend axially along the fiber core (Ma [n0018] discloses that their photonic crystal fiber refractive index sensor structure includes a fiber core, cladding covering the fiber core, and air holes arranged around the structure; the mentioned air holes are the plurality of second and third SCD cavities; given the state of the art and one of ordinary skill in the art, these photonic crystal fibers have cores which extend axially – the components within are understood by one of ordinary skill as not being two dimensional; as a supporting example, any air hole of Ma that did not extend axially along the fiber core would not allow any flow through it as intended ) , wherein the plurality of second SCD cavities are arranged to form a first hexagonal arrangement (Ma [n0026] and fig. 1 disclose the small round air holes in the inner layer 3 [second SCD cavities] are arranged in a hexagonal arrangement), wherein the groove is formed on an outer surface of the fiber core and radially extends inwardly (Ma fig. 1 shows that the groove is formed on outer surface of fiber core 5 and extends radially inward toward the center of the fiber core), an analyte channel having a second thickness, wherein the analyte channel surrounds the fiber core, includes the groove, is exposed to the metal, and is configured to stream the analyte (Ma fig. 1 and [n0025] discloses an analytical layer 6, which is seen in the fig to surround the fiber core [the fiber core being composed of silica], and surrounds the open loop channel 1 [surrounds the groove]; the gold layer of the groove is shown to be exposed to the analyte in the analytical layer 6; fig. 1 shows the thickness of the analytical channel denoted by r bio [a second thickness]; the “open loop channel” is indicative of a channel through which the analyte streams) , and an outer layer surrounding the analyte channel (Ma fig. 1 and [n0025] discloses a cladding layer 7 surrounding the analytical layer 6 [outer layer surrounding analyte channel]) , wherein the refractive index of the analyte is detected based on an intensity lost by an incident light passing through the PCF-SPR sensor due to dissipation of a plasmonic energy (Ma [n0017] describes refractive index sensing of the solution under test and [n0017] describes a loss of light intensity of a mode of the fiber core when light of a certain wavelength is incident to the sensor – light intensity of the fundamental mode is transferred to the metal surface [dissipation of plasmonic energy]; fig. 5 shows a loss diagram for various refractive indices as a function of incident wavelength). Ma is silent to a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core, wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement, wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement, the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities. However, Liu does address these limitations. Ma and Liu are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Liu discloses “a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core” (Liu fig. 1 shows a dual core PCF sensor comprising a center hole with radius r3 [first scale down cavity having a first diameter]; fig. 2 shows a side view of the PCF sensor wherein the cores and cladding extend axially along a fiber core – as with Ma above, any air hole that doesn’t extend axially cannot function as intended, and thus is understood by one of ordinary skill to extend along the fiber core), “wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement” (Liu fig. 1 shows a plurality of inner-ring air holes having radius r-2 [second SCD cavities] arranged hexagonally around the central hole with radius r3 [plurality of second SCD cavities arranged around the first SCD cavity to form first hexagonal arrangement]) “wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement” (Liu fig. 1 shows the plurality of inner-ring air holes r2 and a plurality of separate air holes having radius r1 [third SCD cavities], where a plurality of third SCD cavities are arranged hexagonally around the plurality of second SCD cavities [second hexagonal arrangement]), “the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities” (Liu fig. 1 shows at least two layers of third SCD cavities comprising the second hexagonal arrangement, an inner layer and an outer layer, the outer layer surrounding the inner layer). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma to incorporate a first scale-down (SCD) cavity having a first diameter, wherein the first SCD cavity extends axially along the fiber core, wherein the plurality of second SCD cavities are arranged around the first SCD cavity to form a first hexagonal arrangement, wherein the plurality of third SCD cavities are arranged around the plurality of second SCD cavities to form a second hexagonal arrangement, the second hexagonal arrangement having an inner layer of third SCD cavities and an outer layer of third SCD cavities, the outer layer of third SCD cavities surrounding the inner layer of third SCD cavities as suggested by Liu for the advantage of obtaining maximized resonance frequency interval responses for samples under test via an optimized PCF structure (Liu page 2 of 10, paragraph 4 and page 9 of 10 Conclusion ). Ma when modified by Liu is silent to wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities. However, Han does address this limitation. Ma, Liu and Han are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Han discloses “wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities” (Han fig. 1(a) shows a PCF based surface plasmon resonance sensor wherein an analyte containing groove extends radially inwardly to a location between two layers of cavities of the same radius, i.e. an inner layer and an outer layer [extends to a location between inner layer of third SCD cavities and outer layer of SCD cavities]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu to incorporate wherein the groove radially extends inwardly to a location between the inner layer of the third SCD cavities and the outer layer of the third SCD cavities as suggested by Han for the advantage of reducing manufacturing complexity and offering reusable capability, given the geometry of the analyte structure (Han page 2 of 8, paragraph 2). Ma when modified by Liu and Han is silent to a light source, a PCF-SPR sensor connected to the light source, an optical spectrum analyzer connected to the PCF-SPR sensor; and a computer connected to the optical spectrum analyzer configured to analyze a loss curve obtained by the optical spectrum analyzer to identify the analyte. However, Wang does address this limitation. Ma, Liu Han, and Wang are considered to be analogous to the present invention because they are photonic crystal fiber based plasmon resonance sensors for detecting the refractive index of an analyte. Wang discloses “a light source” (Wang fig. 1 and [n0026] discloses an optical tunable source (OTS) 1 [light source]) , “a PCF-SPR sensor connected to the light source” (Wang fig. 1 and [n0044] discloses that the PCF-SPR refractive index sensor is connected to the optically tunable source OTS); “at first scale-down (SCD) cavity having a first diameter” (Wang [n0034] and fig. 1 discloses a core single hole 10 at the center of a photonic crystal fiber, along with small outer air holes 11 [second SCD cavities] and large outer air holes [third SCD cavities]; [n0012] the core single hole [first SCD cavity], small outer air holes [second SCD cavities] and large outer air holes [third SCD cavities] have varying diameters which do not overlap with one another [i.e. first, second, and third diameters]) ; “an optical spectrum analyzer connected to the PCF-SPR sensor” (Wang fig. 1 and [n0026] discloses an optical spectroscopy analyzer (OSA) 5 [optical spectrum analyzer] which [n0044] is connected to the PCF-SPR sensor) ; and “a computer connected to the optical spectrum analyzer configured to analyze a loss curve obtained by the optical spectrum analyzer to identify the analyte” (Wang fig. 1 and [n0026] discloses a computer 6 which is [n0044] connected to the OSA; [n0040] and fig. 4 shows a loss spectrum curve and [n0017] the loss spectrum obtained by the spectrometer [OSA – analyze a loss curve] is analyzed to obtain an accurate concentration of protein in the blood [identify the analyte]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate a light source, a PCF-SPR sensor connected to the light source, an optical spectrum analyzer connected to the PCF-SPR sensor, and a computer connected to the optical spectrum analyzer configured to analyze a loss curve obtained by the optical spectrum analyzer to identify the analyte as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 15, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 14, and Ma further teaches the sensor wherein the groove is U-shaped (Ma fig. 1 shows the open-loop channel 1 as being a circular channel with the bottom half cut-away, thereby resulting in a U-shape). Regarding claim 16, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 14, and Ma further teaches the sensor wherein the second diameter is smaller than the third diameter (Ma fig. 1 and [n0026] discloses the radius [half the second diameter] of the inner small circular air holes 3 as 1.25µm, and the radius [half the third diameter] of the inner large circular air holes 4 is 1.4µm, larger than the second diameter). Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 14, wherein the first diameter is smaller than the second diameter. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor of claim 14, “wherein the first diameter is smaller than the second diameter” (Wang [n0012] discloses the diameter of the core single vent as 0.12-0.22 µm and the diameter of the small outer air vents is 0.62-0.72 µm - the first diameter is smaller than the second diameter; the small outer air vents are analogous to the second SCD cavities of Ma). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the first diameter is smaller than the second diameter as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 17, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 16. Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 16, wherein the first SCD cavity is located in a center of the fiber core and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor of claim 16, “wherein the first SCD cavity is located in a center of the fiber core” (Wang fig. 1 and [n0034] discloses the core single hole 10 [first SCD cavity] provided at the center of the fiber core), “and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes” (Wang [n0038] and fig. 2 disclose a dispersion relationship between a core mode [elementary core mode] and the SPP mode [SPP mode], when a phase matching condition is met [configured to facilitate a phase matching of the elementary mode and SPP mode]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the first SCD cavity is located in a center of the fiber core and is configured to facilitate a phase matching of an elementary core mode with a plurality of Surface-Plasmon-Polariton (SPP) modes as suggested by Wang for the advantage of making the surface plasmon resonance effect more significant with the presence of a central single small air hole as seen in fig. 1 (Wang [n0037]). Regarding claim 18, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 17. Ma when modified by Liu and Han is silent to the PCF-SPR sensor of claim 17, wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal. However, Wang does address this limitation. Wang discloses the PCF-SPR sensor of claim 17, “wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal” (Wang [n0021] discloses that the microchannel enhances the interaction between an evanescent wave and the analyte [where the analyte flows through the microchannel]; the evanescent wave is generated via interaction between the coating on the channel [metal coating of groove] and a surface of the groove – [n0021] discusses differences between SPP interactions where the coating of the groove is changed [i.e. AuTiO 2 vs Au]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Ma in view of Liu and Han to incorporate wherein the plurality of second and third cavities are configured to provide an evanescent field in an interface between the surface of the groove and the metal as suggested by Wang for the advantage of improving the coupling results between the core mode and the SPP mode by enhancing the interaction between the evanescent wave and the analyte, a shared goal with the present invention (Wang [n0021]). Regarding claim 19, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 18, and Ma further teaches the sensor wherein adjacent third SCD cavities of the plurality of third SCD cavities are separated by a pitch size, and wherein the pitch size is a center-to-center distance between the adjacent third SCD cavities (Ma [n0026] and fig. 1 disclose the separation between the center of the circular air holes as a lattice constant Λ = 3µm [lattice constant here is the pitch distance, and the separation is between the center of the holes, i.e. a center-to-center distance]). Regarding claim 20, Ma when modified by Liu, Han, and Wang discloses the PCF-SPR sensor of claim 19, and Ma further teaches the sensor wherein the plurality of second SCD cavities includes six second SCD cavities (Ma fig. 1 shows six small round air holes in the inner layer 3 [second SCD cavities]). Documents Considered but not Relied Upon The following document(s) were considered but not relied up on for the rejection set forth in this action: CN 116952902 A by Jiang Shabo et al. “High Sensitivity and Wide Range Refractive Index Sensor Based on Surface Plasmon Resonance Photonic Crystal Fiber” by Fenman Wang et al. (doi: 10.3390/s23146617) Conclusion 07-40 AIA Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL . See MPEP § 706.07(a). 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 JOSHUA M CARLSON whose telephone number is (571)270-0065. The examiner can normally be reached Mon-Fri. 8:00AM - 5:00PM. 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, Tarifur R Chowdhury can be reached at (571) 272-2287. 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. /JOSHUA M CARLSON/Examiner, Art Unit 2877 /TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877 Application/Control Number: 18/589,707 Page 2 Art Unit: 2877 Application/Control Number: 18/589,707 Page 3 Art Unit: 2877 Application/Control Number: 18/589,707 Page 4 Art Unit: 2877 Application/Control Number: 18/589,707 Page 5 Art Unit: 2877 Application/Control Number: 18/589,707 Page 6 Art Unit: 2877 Application/Control Number: 18/589,707 Page 7 Art Unit: 2877 Application/Control Number: 18/589,707 Page 8 Art Unit: 2877 Application/Control Number: 18/589,707 Page 9 Art Unit: 2877 Application/Control Number: 18/589,707 Page 10 Art Unit: 2877 Application/Control Number: 18/589,707 Page 12 Art Unit: 2877 Application/Control Number: 18/589,707 Page 13 Art Unit: 2877 Application/Control Number: 18/589,707 Page 14 Art Unit: 2877 Application/Control Number: 18/589,707 Page 15 Art Unit: 2877 Application/Control Number: 18/589,707 Page 16 Art Unit: 2877 Application/Control Number: 18/589,707 Page 17 Art Unit: 2877 Application/Control Number: 18/589,707 Page 18 Art Unit: 2877 Application/Control Number: 18/589,707 Page 19 Art Unit: 2877 Application/Control Number: 18/589,707 Page 20 Art Unit: 2877 Application/Control Number: 18/589,707 Page 21 Art Unit: 2877 Application/Control Number: 18/589,707 Page 23 Art Unit: 2877 Application/Control Number: 18/589,707 Page 24 Art Unit: 2877
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Prosecution Timeline

Feb 28, 2024
Application Filed
Dec 01, 2025
Non-Final Rejection mailed — §103
Feb 19, 2026
Response Filed
Jun 03, 2026
Final Rejection mailed — §103 (current)

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