Prosecution Insights
Last updated: April 19, 2026
Application No. 18/619,395

ELEMENT, BOLOMETER, AND ELEMENT MANUFACTURING METHOD

Non-Final OA §102§103
Filed
Mar 28, 2024
Examiner
KENERLY, TERRANCE L
Art Unit
2834
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NEC Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
88%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
828 granted / 1129 resolved
+5.3% vs TC avg
Strong +15% interview lift
Without
With
+15.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
33 currently pending
Career history
1162
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
55.7%
+15.7% vs TC avg
§102
28.8%
-11.2% vs TC avg
§112
11.2%
-28.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1129 resolved cases

Office Action

§102 §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 . 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) 1, 2, 4, 5, and 8 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (US 20170133612). 1. Li et al. teach: An element 10 comprising: a first insulating layer 110; an intermediate layer 125 which is a nanocarbon-containing film; a second insulating layer 102; and a contact electrode 104 connected to an intermediate end surface which is an end surface of the intermediate layer (fig 1), wherein the first insulating layer, the intermediate layer, and the second insulating layer are stacked in order (fig 1 below). PNG media_image1.png 423 782 media_image1.png Greyscale 2. Li et al. teach: The element according to claim 1, The element according to wherein the intermediate layer is exposed toward the contact electrode between the first insulating layer and the second insulating layer on the stacked end surface (fig 1 above). 4. Li et al. teach: The element according to claim 1, The element according to wherein the contact electrode extends to overlap a surface of the second insulating layer (fig 1 above). 5. Li et al. teach: The element according to claim 1, The element according to wherein the intermediate layer includes semiconductor-type carbon nanotubes (abstract). 8. Li et al. teach: An element manufacturing method (fig 1 above) comprising: forming a first insulating layer 110; forming an intermediate layer 125 which is a nanocarbon-containing film; forming a second insulating layer 102; and forming a contact electrode connected to an intermediate end surface which is an end surface of the intermediate layer (fig 1 above), wherein the first insulating layer, the intermediate layer, and the second insulating layer are stacked in order (fig 1 above). 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. 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. Claim(s) 3 & 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Tanaka (US 20220333994). 3. Li et al. has been discussed above, re claim 1; but does not teach that a first end surface which is an end surface of the first insulating layer, the intermediate end surface, and a second end surface which is an end surface of the second insulating layer are continuous on the stacked end surface. Tanaka teaches that a first end surface which is an end surface of the first insulating layer 102-1, the intermediate end surface (of intermediate layer 102-3, Tanaka fig 8), and a second end surface which is an end surface of the second insulating layer 102-2 are continuous on the stacked end surface (fig 8 below). This structure makes the entire element more streamline which would reduce the cost of manufacturing (para 0005). PNG media_image2.png 532 630 media_image2.png Greyscale As a result, it would have been obvious to a person having ordinary skill in the art before the invention was effectively filed to modify the invention of Li et al. so that a first end surface which is an end surface of the first insulating layer, the intermediate end surface, and a second end surface which is an end surface of the second insulating layer are continuous on the stacked end surface, as taught by Tanaka, so as to reduce the cost of manufacturing of the bolometer. 7. Li et al. has been discussed above, re claim 1; but does not teach a bolometer comprising: the element according to claim 1; and a substrate on which the element is disposed. Tanaka teaches that a bolometer (Tanaka fig 1) comprising: the element (of Li et al.) according to claim 1; and a substrate 101 (of Tanaka) on which the element is disposed. This structure makes the entire element more streamline which would reduce the cost of manufacturing (para 0005). As a result, it would have been obvious to a person having ordinary skill in the art before the invention was effectively filed to modify the invention of Li et al. with a bolometer comprising: the element according to claim 1; and a substrate on which the element is disposed, as taught by Tanaka, so as to reduce the cost of manufacturing of the bolometer. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. in view of Xia et al. (US 20110227032). 6. Li et al. has been discussed above, re claim 1; but does not teach that the intermediate layer is stacked on the first insulating layer via a silane coupling agent. Xia et al. teaches that nanotubes bond easily when a silane coupling agent is used (see Xia et al. para 0047). This would ease the manufacturing of the bolometer. As a result, it would have been obvious to a person having ordinary skill in the art before the invention was effectively filed to modify the invention of Li et al. so that the intermediate layer is stacked on the first insulating layer via a silane coupling agent, as taught by Xia, so as to ease the manufacturing of the bolometer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRANCE L KENERLY whose telephone number is (571)270-7851. The examiner can normally be reached M-F 9am-5pm. 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, Christopher Koehler can be reached at 5712723560. 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. /TERRANCE L KENERLY/Primary Examiner, Art Unit 2834
Read full office action

Prosecution Timeline

Mar 28, 2024
Application Filed
Nov 29, 2025
Non-Final Rejection — §102, §103 (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
73%
Grant Probability
88%
With Interview (+15.1%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1129 resolved cases by this examiner. Grant probability derived from career allow rate.

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