Prosecution Insights
Last updated: April 19, 2026
Application No. 18/692,757

ELECTRO-OPTICAL MECHANICALLY FLEXIBLE NEURAL PROBES

Non-Final OA §102
Filed
Mar 15, 2024
Examiner
GHAND, JENNIFER LEIGH-STEWAR
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The Salk Institute for Biological Studies
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
4y 0m
To Grant
89%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
404 granted / 667 resolved
-9.4% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
65 currently pending
Career history
732
Total Applications
across all art units

Statute-Specific Performance

§101
5.6%
-34.4% vs TC avg
§103
39.3%
-0.7% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 667 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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate para. s 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) 1-3, 5-6, 8-10, 18-22, 24-25, 27-29, 37-38 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Electro-optical mechanically flexible coaxial microprobes for minimally invasive interfacing with intrinsic neural circuits to Ward et al. (Ward). The preprint version was posted September 2020. In reference to at least claim 1 Ward discloses an electro-optical microprobe (e.g. a multi-modal coaxial microprobe for efficient electrical end optical interrogation of neural networks; pg. 1, para. 1- pg. 2 para. 2), comprising: an optical waveguide including first and second ends (e.g. an EO flex probe has a silica microfiber optical core with one end coupled to a cleaved SMF and the other extending away from the SMF; figures 1A-1 H; pg. 3 para. 2- pg. 4, para. 2) and a side surface between the first and the second ends (e.g. an EO flex probe has a silica microfiber optical core with one end cleaved to the SMF and extending from there with a side surface coated with Iridium oxide or lrOx sputtered on the side surface; figures 1A-1 H; pg. 3 para. 2- pg. 4, para. 2); a first layer including a first electrically conductive material disposed over the side surface of the optical waveguide (e.g. Iridium oxide or lrOx sputtered on the side surface of the microfibers; figures 1A-1 H; pg. 5, paras. 1 and 3); a second layer including an electrically conductive polymer disposed on a portion of the first layer proximate to the first end of the optical waveguide (e.g. on the Iridium oxide is deposited a layer of conductive PEDOT:PSS shown on the end of the probe; figures 1A-1 H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3); and an isolation layer including an electrically insulative material disposed the second layer and a remaining portion of the first layer that is not covered by the second layer (e.g. an isolation layer of parylene-c was used to electrically isolate the probe and covers the conductive PEDOT:PSS layer at the end of the probe and the lrOx on the remaining portion; figures 1A-1H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 2 Ward discloses a single-mode fiber optically coupled to the second end of the optical waveguide (e.g. an EO flex probe has a silica microfiber optical core with one end coupled to a cleaved SMF; figures 1A-1H; pg. 3 para. 2- pg. 4, para. 2). In reference to at least claim 3 Ward discloses wherein the optical waveguide includes a silica (SiOx) microfiber (e.g. an EO flex probe has a silica microfiber optical core; figures 1A-1 H; pg. 3 para. 2- pg. 4, para. 2) or a tin dioxide (SnO2) nanofiber (e.g. SnO2 nanofibers: supplementary figure 3; supplementary pg. 14, para. 1- pg. 16, para. 1). In reference to at least claim 5 Ward discloses an adhesion layer including a second electrically conductive material disposed over the side surface of the optical waveguide and below the first layer (e.g. an adhesion layer of titanium of less than 10 nm thickness was deposited before the lrOx layer; figures 1A-1H; pg. 4, para. 2 ; supplementary pg. 3, para. 1). In reference to at least claim 6 Ward discloses wherein the second electrically conductive material includes titanium (e.g. an adhesion layer of titanium of less than 10 nm thickness was deposited before the lrOx layer; figures 1A-1H; pg. 4, para. 2 ; supplementary pg. 3, para. 1). In reference to at least claim 8 Ward discloses wherein the first electrically conductive material includes iridium oxide (lrOx) (e.g. Iridium oxide or lrOx is sputtered on the side surface; figures 1A-1 H; pg. 3 para. 2- pg. 4, para. 2). In reference to at least claim 9 Ward discloses wherein the electrically conductive polymer includes poly(3 ,4-ethylene dioxythiophene)-poly(styrene sulfonate) (PEDOT:PSS) layer (e.g. on the Iridium oxide is deposited a layer of conductive PEDOT:PSS shown on the end of the probe; figures 1A-1H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 10 Ward discloses wherein the electrically insulative material includes parylene (e.g. an isolation layer of parylene-c was used to electrically isolate the probe and covers the conductive PEDOT:PSS layer at the end of the probe and the lrOx on the remaining portion; figures 1A-1H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 18 Ward discloses wherein the microprobe is mechanically flexible and is capable of interfacing neural networks to enable electrical and optical interrogation of the neural networks (e.g. the probe is an electrooptical mechanically flexible probe allowing interfacing with neural tissues of electrical and optical signals; figures 1A-1 H; pg. 3, para. 2). In reference to at least claim 19 Ward discloses wherein the microprobe is configured to conduct electrical measurements and provide optogenetic stimulation (e.g. the probe is an electrooptical mechanically flexible probe allowing interfacing with neural tissues of electrical and optical signals with optogenetic hardware to allow simultaneous optical stimulation and electrical recording; figures 1A-1 H; pg. 1, para. 1, pg. 3, para. 2). In reference to at least claim 20 Ward discloses a method of manufacturing an electro-optical coaxial microprobe (e.g. a multi-modal coaxial microprobe for efficient electrical end optical interrogation of neural networks; pg. 1, para. 1- pg. 2 para. 2), comprising: providing an optical waveguide including first and second ends (e.g. an EO flex probe has a silica microfiber optical core with one end coupled to a cleaved SMF and the other extending away from the SMF; figures 1A-1H; pg. 3 para. 2- pg. 4, para. 2) and a side surface between the first and the second ends (e.g. an EO flex probe has a silica microfiber optical core with one end cleaved to the SMF and extending from there with a side surface coated with Iridium oxide or lrOx sputtered on the side surface; figures 1A-1 H; pg. 3 para. 2- pg. 4, para. 2; pg. 5, paras. 1 and 3); forming a first layer including a first electrically conductive material over the side surface of the optical waveguide (e.g. Iridium oxide or lrOx sputtered on the side surface of the microfibers; figures 1A-1 H; pg. 5, paras. 1 and 3); forming a second layer including an electrically conductive polymer on a portion of the first layer proximate to the first end of the optical waveguide (e.g. on the Iridium oxide is deposited a layer of conductive PEDOT:PSS shown on the end of the probe; figures 1A-1 H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3); and forming an isolation layer including an electrically insulative polymer on the second layer and a remaining portion of the first layer that is not covered by the second layer (e.g. an isolation layer of parylene-c was used to electrically isolate the probe and covers the conductive PEDOT:PSS layer at the end of the probe and the lrOx on the remaining portion; figures 1A-1 H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 21 Ward discloses optically coupling a single-mode fiber to the second end of the optical waveguide (e.g. an EO flex probe has a silica microfiber optical core with one end coupled to a cleaved SMF; figures 1A-1H; pg. 4, para. 1, pg. 5, paras. 1 and 3). In reference to at least claim 22 Ward discloses wherein the optical waveguide includes a silica (SiOx) microfiber (e.g. an EO flex probe has a silica microfiber optical core; figures 1A-1H; pg. 3 para. 2- pg. 4, para. 2) or a tin dioxide (SnO2) nanofiber (e.g. SnO2 nanofibers; supplementary figure 3; supplementary pg. 14, para. 1- pg. 16, para. 1 ). In reference to at least claim 24 Ward discloses forming an adhesion layer including a second electrically conductive material disposed over the side surface of the optical waveguide before forming the first layer (e.g. an adhesion layer of titanium of less than 10 nm thickness was deposited before the lrOx layer; figures 1A-1H; pg. 5, para. 2 ; supplementary pg. 3, para. 1). In reference to at least claim 25 Ward discloses wherein the second electrically conductive material includes titanium (e.g. an adhesion layer of titanium of less than 10 nm thickness was deposited before the lrOx layer; figures 1A-1H; pg. 5, para. 2 ; supplementary pg. 3, para. 1). In reference to at least claim 27 Ward discloses wherein the first electrically conductive material includes iridium oxide (IrOx) (e.g. Iridium oxide or lrOx is sputtered on the side surface; figures 1A-1H: pg. 5, paras. 1 and 3). In reference to at least claim 28 Ward discloses wherein the electrically conductive polymer includes poly(3,4- ethylene dioxythiophene)-poly(styrene sulfonate) (PEDOT:PSS) layer (e.g. on the Iridium oxide is deposited a layer of conductive PEDOT:PSS shown on the end of the probe; figures 1A-1 H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 29 Ward discloses wherein the electrically insulative material includes parylene (e.g. an isolation layer of parylene-c was used lo electrically isolate the probe and covers the conductive PEDOT:PSS layer al the end of the probe and the lrOx on the remaining portion; figures 1A-1H; pg. 5, paras. 1 and 3, supplementary pg. 3, para. 3). In reference to at least claim 37 Ward discloses wherein the microprobe is mechanically flexible and is capable of interfacing neural networks to enable electrical and optical interrogation of the neural networks (e.g. the probe is an electrooptical mechanically flexible probe allowing interfacing with neural tissues of electrical and optical signals; figures 1A-1 H; pg. 1, para. 1, pg. 3, para. 2). In reference to at least claim 38 Ward discloses wherein the microprobe is configured to conduct electrical measurements and provide optogenetic stimulation (e.g. the probe is an electrooptical mechanically flexible probe allowing interfacing with neural tissues of electrical and optical signals with optogenetic hardware to allow simultaneous optical stimulation and electrical recording; figures 1A-1H; pg. 1, para. 1, pg. 3, para. 2). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2014/0142664 to Roukes et al. which teaches a highly multiplexed optogenetic neural stimulation using integrated optical technologies. US 2021/0348107 to Kim et al. which discloses device and systems comprising electrode arrays for electroconductive cells. US 2025/0060329 to Panat et al. which discloses 3D printed microelectrode arrays. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L GHAND whose telephone number is (571)270-5844. The examiner can normally be reached Mon-Fri 7:30AM - 3:30PM ET. 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, JENNIFER MCDONALD can be reached at (571)270-3061. 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. /JENNIFER L GHAND/Examiner, Art Unit 3796
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Prosecution Timeline

Mar 15, 2024
Application Filed
Dec 27, 2025
Non-Final Rejection — §102 (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
61%
Grant Probability
89%
With Interview (+28.8%)
4y 0m
Median Time to Grant
Low
PTA Risk
Based on 667 resolved cases by this examiner. Grant probability derived from career allow rate.

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