Prosecution Insights
Last updated: April 19, 2026
Application No. 18/654,971

OPTICAL PROBE FOR MEASURING PHOTON DENSITY

Non-Final OA §103
Filed
May 03, 2024
Examiner
TRAN, MAI THI NGOC
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tomphyzx LLC
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
101 granted / 118 resolved
+17.6% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
31 currently pending
Career history
149
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
29.7%
-10.3% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 118 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 . Election/Restrictions 2. Applicant elects Invention I of claims 1-15, in the reply filed on 01/22/2026 is acknowledged. Information Disclosure Statement 3. The information disclosure statement (IDS) submitted on 06/04/2025. The submission is following the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 4. 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. Claims 1, 2, 6-9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel (US 2010/0046234 A1) in view of PEARL Jr. et al., (US 2017/0204718A1). Regarding claim 1, Abu-Ageel discloses an apparatus for measuring photon density (mW/cm3) within a medium, the apparatus comprising: a substrate (a hollow light guide 420, Fig.2A, or 520, Fig.2B) having a volume (“interior cavity”, see [0058]) for receiving photons (Fig.2 shows the hollow light guide 520 made from an optically transmissive material 521, defining the interior cavity for receiving photons) from within an optical radiation field (J/cm3)(Fig.2, the light source 410 generates optical radiation and the hollow light guide 420/520 is positioned within the radiation field and receives photons), the substrate (420, Fig.2A, or 520, Fig.2B) having (i) an outer periphery (515a, Fig.2B); (ii) an inner periphery (515b); and (iii) an exit aperture (“the exit aperture of optical element 417”, Fig.2B); a first reflecting layer (414, Fig.2A, or 514, Fig.2B) coating at least a portion of the outer periphery of the substrate (see Fig.2, the reflective layer is applied to the periphery to keep photons inside the volume), the first reflective layer (414, Fig.2A, or 514, Fig.2B) configured to integrate the photons within the volume of the substrate (Fig.2 and [0062], light undergoes multiple reflections within the cavity);a plurality of entrance openings (416/516, Figs.2A or 2B, [0059], “an array of clear openings”) within the first reflective layer (414/514) for diffracting the photons entering the volume (see Fig.2); and a photon detector configured to receive the photons ([0097], “At least one photo-detector can be added… to sense the amount of outputted light”), and wherein the substrate (420 or 520, Fig.2A) having the coating (414/514) is configured such that the photons incident on the exit aperture of the volume of the substrate are at least substantially equally proportional to the photons incident on the plurality of entrance openings (see paragraphs [0061]-[0063], “ the reflective coating 414 an omni-directional reflector with very low optical losses”, showing the amount of light exiting is dependent upon light entering through the clear openings). Abu-Ageel does not disclose the photon detector configured to detect a photon density and to produce an electrical signal representative of the detected photon density as claimed. PEARL Jr. et al., discloses a system comprising a photon detector (212, Fig. 2) configured to detect a photon density ([0053], detection of transmitted light related for analysis and quantification) and to produce an electrical signal representative of the detected photon density (([0055], “the detector 212 is configured to produce an output signal in the form of a voltage, and the signal produced by the detector 212 and the characteristic…may be directly proportional “). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, by utilizing the teaching of PEARL Jr. et al., to improve monitoring of output intensities. Regarding claim 2, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, Abu-Ageel discloses the first reflecting layer coating at least approximately 70% of the substrate (see Fig. 2, the interior surface is coated with the reflective layer except at openings). Regarding claim 6, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light (410, Fig.2) within the optical radiation field having a range of wavelengths in the range of between approximately 200 nm and 400 nm ([0077], “the light source 410 (e.g. a laser source) that emits a lower wavelength range, e.g., near UV or UV light”, the near UV or UV light is within 300-400nm). Regarding claim 7, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 400 nm and 700 nm ([0056], “The wavelength of light sources used in this disclosure ranges from 100 nm to 3000 nm”). Regarding claim 8, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 700 nm and 2500 nm ([0056], “The wavelength of light sources used in this disclosure ranges from 100 nm to 3000 nm”). Regarding claim 9, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, Abu-Ageel discloses at least one source producing light within the optical radiation field having a range of wavelengths in the range of between approximately 10 nm and 400 nm ([0082], “the light source 410 include a semiconductor light emitting device having a peak emission wavelength ranging from 360 nm to 500 nm, a laser diode device having a peak emission wavelength in the vicinity of 405 nm or in the vicinity of 445 nm”). Regarding claim 11, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 2, Abu-Ageel discloses the shape of the plurality of entrance openings (416, Fig.2) being selected from a group consisting of one of circular, non-circular, oval, elliptical, rectangular, square, polygonal, spiral, and slits ([0059], “The size and shape of the clear opening 416 can be circular, square, rectangular, oval, one or two dimensional array of openings, or any other shape”). 5. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel in view of PEARL Jr. et al., and further in view of Nakata (US 6,294,822 B1). Regarding claim 12, Abu-Ageel in view of PEARL Jr. et al., as discussed in claim 1, although Abu-Ageel discloses the size and shape of the clear opening 416, one or two dimensional array of openings, or any other shape, and with a diameter of 5-50 microns ([0059]), Abu-Ageel in view of PEARL Jr. et al., do not disclose the plurality of entrance openings having a width that corresponds to the minimum wavelength within a range of wavelengths of interest within the optical radiation field as claimed. Nakata discloses entrance openings with a width that corresponds to the minimum wavelength within a range of wavelengths of interest within the optical radiation field (Figs. 8-10, short wavelength light of wavelength of approximately 420 nm or lower as the target for photovoltage, and the thickness is determined such that it will have an anti-reflective effect with respect to wavelengths which are the target for maximizing photoelectric conversion (col.9, lines 9-12)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, in view of PEARL Jr. et al., by utilizing the teaching of Nakata to size the entrance opening to correspond to the minimum wavelength of the radiation field, leading to improved monitoring of output intensities. 6. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Abu-Ageel in view of PEARL Jr. et al., and further in view of Sudraud et al., (US 6,365,898 B1). Regarding claim 14, Abu-Ageel, in view of PEARL Jr. et al., as discussed in claim 1, do not disclose the light pipe as claimed. Sudraud et al., disclose a light pipe (10, Fig.1) and the photons collected, directly or indirectly, by the light pipe 10 are supplied to the photo-multiplier 7 which generates an output signal (col.6, lines 22-24). In combination, the light pipe would couple to the exit aperture to carry the photons incident on the exit aperture from the volume of the substrate to a photon detector, wherein the photon detector and the light pipe would carry the photons incident on the exit aperture from the volume of the substrate to the photon detector as claimed. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Abu-Ageel, in view of PEARL Jr. et al., by utilizing the teaching of Sudraud et al., to better control collecting photons from the volume to detector, leading to improved monitoring of output intensities. Allowable Subject Matter 7. Claims 3-5, 10, 13, 15 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. Regarding claim 3, the prior art fails to disclose wherein the substrate having an optical axis and includes a lower region near the exit aperture, an upper region opposite the exit aperture, and a middle region between the lower region and the upper region and having an equator, and wherein the plurality of entrance openings comprises spiral openings having an increasing frequency and decreasing pitch near the middle region. Claims 4 and 13 depend on claim 3. Regarding claim 5, the prior art fails to disclose the substrate being substantially spherical and wherein the plurality of entrance openings are apertures having a nonuniform distribution on the substrate, wherein a number of apertures increase as the location on the substrate nears the equator. Claim 10 depends on claim 5. Regarding claim 15, the prior art fails to disclose the substrate being substantially spherical and includes an equator within the middle region, and wherein the light pipe is perpendicular to the equator of the substantially spherical substrate. Conclusion 8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAI THI NGOC TRAN whose telephone number is (571)-272- 3456. The examiner can normally be reached Monday-Friday: 9:00-5:30pm. 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 on (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. /M.T.T./Examiner, Art Unit 2878 /GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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Prosecution Timeline

May 03, 2024
Application Filed
Feb 17, 2026
Non-Final Rejection — §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
86%
Grant Probability
89%
With Interview (+3.7%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 118 resolved cases by this examiner. Grant probability derived from career allow rate.

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