Prosecution Insights
Last updated: May 29, 2026
Application No. 18/622,963

SYSTEM FOR SPECTROPHOTOMETRY

Non-Final OA §103
Filed
Mar 31, 2024
Priority
Mar 05, 2024 — provisional 63/561,395
Examiner
NUR, ABDULLAHI
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nix Sensor Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
1018 granted / 1153 resolved
+20.3% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
12 currently pending
Career history
1164
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
78.7%
+38.7% vs TC avg
§102
8.6%
-31.4% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1153 resolved cases

Office Action

§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 . The Information Disclosure Statements The prior art cited in the information disclosure statements filed on 11/11/2024 has been considered. 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) 1-8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Svensson (US 2022/0072649 A1) in view of Howard, III (US Patent # 5,945,341) [hereinafter Howard]. As to claim 1, Svensson teaches a method for providing color measurement functionality to end users, the method comprising: providing calibration substrates (200, Fig.2A,B; paragraphs 0048, 0052), to said end users (paragraph 0103), each substrate bearing an indicator (210, Fig. 2A,B; paragraph 0049) that is associated with the color of the substrate; selectively conduct a comparison between a received spectrum and the spectrum of the color of the calibration substrate; and in response to the comparison, perform one of a predetermined group of actions (paragraphs 0067-0068; note various devices/components are instructed to perform based on data comparison). Svensson is silent to: providing a spectrophotometry system to said end users, the system including a spectrophotometer adapted to generate a spectrum associated with a measurement and an arrangement which is adapted to: receive spectrums from the spectrophotometer of an end user; receive the indicator of a calibration substrate. However, Howard, in the same field of endeavor, teaches spectrometer providing spectrophotometric reading of a test sample (abstract; column 3, lines 34-58; 10 of Figs. 1-2) and an arrangement (20, 16, 32, Figs. 1-2) which is adapted to: receive spectrums from the spectrophotometer of an end user; receive the indicator of a calibration substrate (note the calibration substrate/chip is received via 20 of the spectrometer 10, the spectrometer reads spectral reflectance to be displayed by 16 ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the spectrometer/spectrophotometer of Howard to Svensson system in order to measure/characterize light a sample absorbs, transmits, reflects at specific wavelengths. As to claims 2, 3, Svensson in view of Howard teaches all as applied to claim 1, and in addition Svensson teaches wherein the indicator is a QR code (210, Fig. 2A; paragraph 0049, 0042). As to claims 4, 5, Svensson teaches all as applied to claim 1, except wherein if the received spectrum and the spectrum of the color of the calibration substrate are within a predetermined threshold of divergence, the arrangement informs the end user that the spectrophotometer is functioning. However, Howard, teaches comparing data to determine whether a proper method/result were followed/obtained or not (column 8, line 49 to column 9, line 8). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to determining the spectrophotometer functionality based on comparison/matching of a measured and reference data. As to claims 6-8, Svensson in view of Howard teaches all as applied to claim 1, except wherein the arrangement is adapted to permit the user to trigger a calibration step, wherein the arrangement is adapted to prompt the user to scan the calibration tile. However, examiner takes Official Notice that providing such arrangement is known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide such arrangement in order to verify/ensure that the characteristics of the illumination has not changed during data acquisition or the calibration step/arrangement to be controlled by the user. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Yajko, Michael (CN 106461373 A) teaches providing for applying coating prediction and detection of digital enhancement system and method of imaging. digital imaging and processing device provides the digital imaging data of the acquired image acquisition, processing and display to allow the user to identify change except by using naked eye to observe the coating or substrate to identify changes. digital imaging and processing apparatus may also be provided before coating and after coating inspection capability and coating prediction capability (abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI NUR whose telephone number is (571)270-1298. The examiner can normally be reached on M-F, 9am to 6pm. 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, Kara Geisel, can be reached on 571-272-2416. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABDULLAHI NUR/Primary Examiner, Art Unit 2886
Read full office action

Prosecution Timeline

Mar 31, 2024
Application Filed
Apr 14, 2026
Non-Final Rejection mailed — §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
88%
Grant Probability
95%
With Interview (+7.1%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1153 resolved cases by this examiner. Grant probability derived from career allowance rate.

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