Prosecution Insights
Last updated: May 29, 2026
Application No. 18/757,070

THREE-DIMENSIONAL MICROSTRUCTURE PROVIDING ADDITIONAL CURRENT-CARRYING PATHWAYS FOR SENSORS

Non-Final OA §103
Filed
Jun 27, 2024
Examiner
RIOS RUSSO, RAUL J
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Duke University
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
529 granted / 610 resolved
+18.7% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
23 currently pending
Career history
632
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
65.6%
+25.6% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
13.8%
-26.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 610 resolved cases

Office Action

§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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/08/2025 has been considered by the examiner. Oath/Declaration Oath/Declaration as file 06/27/2024 is noted by the Examiner. 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Claussen et al. US 2021/0215636 (Hereinafter Claussen) in view of Panat et al. US 2020/0112030 (Hereinafter Panat). Regarding claim 1, Claussen teaches a sensor (Figs. 1-3, 23; Abstract; aerosol jet printing), comprising: a detection surface (Figs. 1-3, 7, 23; graphene sensor). Claussen does not specifically teach a 3D microstructure on the detection surface, wherein the 3D microstructure has a shape of a truss structure and comprises a nanoflake material. However, Panat does teach a 3D microstructure (Figs. 1-5; [0005, 0006, 0033-0035]; truss, trusses; from [0035]: “In preparation of the open lattice described herein, the open lattice structures are fabricated by an additive “3D printing” method. The method of 3D printing is selected for its ability to produce trusses as described herein with sufficient accuracy and precision to produce a useful lattice for purposes described herein.”) on the detection surface (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses), wherein the 3D microstructure has a shape of a truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) and comprises a nanoflake material (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). It would have been obvious before the effective filing date of the claimed invention to modify the method of fabrication of high resolution, high-throughput electrochemical sensing circuits on a substrate of Claussen by implementing the teachings of Panat regarding a 3D microstructure on the detection surface, wherein the 3D microstructure has a shape of a truss structure and comprises a nanoflake material; for the purpose of “manufacturing a lattice electrode useful in an energy storage device such as a battery or capacitor” (See Panat; Abstract). Regarding claim 2, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches wherein the 3D microstructure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) is aligned in a direction of a conductive path between electrodes (Figs. 1-5; [0031-0035]; electrodes) of the sensor (Figs. 1-5; [0005, 0006, 0033-0035]; 3D printing). Regarding claim 3, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches wherein the 3D microstructure is provided in plurality (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses). Regarding claim 4, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches wherein the 3D microstructure comprises graphene flakes, molybdenum disulfide (MoS2), or silver nanoflowers (AgNFs) (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). Regarding claim 5, the combination of Claussen and Panat teaches the sensor of claim 4, wherein Panat further teaches wherein the graphene flakes are disposed in a multitude of orientations (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). Regarding claim 6, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Claussen further teaches wherein the detection surface comprises graphene (Figs. 1-3, 7, 23; graphene sensor). Regarding claim 7, the combination of Claussen and Panat teaches the sensor of claim 1, wherein the 3D microstructure is 3D printed on the detection surface (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses). Regarding claim 8, the combination of Claussen and Panat teaches the sensor of claim 7, wherein 3D printing of the 3D microstructure is performed using aerosol jet printing (Figs. 1-3, 23; Abstract; aerosol jet printing). Regarding claim 9, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches further comprising gold nanoparticles attached to the detection surface and the 3D microstructure ([0037, 0050, 0116]; gold). Regarding claim 10, the combination of Claussen and Panat teaches the sensor of claim 9, wherein Claussen further teaches further comprising an antibody or protein structure attached to the gold nanoparticles ([0032, 0039, 0043-0051, 0072-0089, 0153, 0154]; antibody, protein, enzyme). Regarding claim 11, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches further comprising an antibody or protein structure attached to the detection surface and the 3D microstructure ([0032, 0039, 0043-0051, 0072-0089, 0153, 0154]; antibody, protein, enzyme). Regarding claim 12, the combination of Claussen and Panat teaches the sensor of claim 1, wherein Panat further teaches wherein the sensor is a gas phase sensor ([0065-0067]; 3D printing method, mist/dense vapor). Regarding claim 13, the combination of Claussen and Panat teaches the sensor of claim 12, wherein the sensor detects moisture ([0065-0067]; 3D printing method, mist/dense vapor). Regarding claim 14, the combination of Claussen and Panat teaches a method of manufacturing the sensor of claim 1 (See Rejection of Claim 1), wherein Panat further teaches the method comprising: depositing a planar film on electrodes (Figs. 1-5; [0031-0035]; electrodes); and printing (Figs. 1-5; [0005, 0006, 0033-0035]; 3D printing) a nanoflake material-based truss structure on the planar film (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). Regarding claim 15, the combination of Claussen and Panat teaches the method of claim 14, wherein Panat further teaches wherein printing the nanoflake material-based (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes) truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) on the planar film comprises performing aerosol jet printing ([0012, 0033, 0035]; aerosol jet printing). Regarding claim 16, the combination of Claussen and Panat teaches the method of claim 14, wherein printing the nanoflake material-based truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) on the planar film comprises: alternating printing of layers between a first side of the truss structure and a second side of the truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) while decreasing lateral spacing of the layers until the nanoflake material-based truss structure is formed (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses). Regarding claim 17, the combination of Claussen and Panat teaches the method of claim 15, wherein Panat further teaches wherein ink for the performing of the aerosol jet printing comprises nanoflake material and water ([0065-0067]; 3D printing method, mist/dense vapor). Regarding claim 18, the combination of Claussen and Panat teaches the method of claim 17, wherein Panat further teaches wherein the nanoflake material comprises graphene flakes, MoS2 flakes, or AgNFs (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). Regarding claim 19, the combination of Claussen and Panat teaches the method of claim 14, wherein Panat further teaches wherein the truss structure is aligned in a direction of a conductive path between the electrodes of the sensor (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses). Regarding claim 20, Claussen teaches a storage medium storing instructions that when executed by a printer (Figs. 1-3, 23; Abstract; aerosol jet printing, graphene sensor). Claussen does not specifically teach direct the printer to: alternate printing of layers of ink between a first side of a truss structure forming a 3D microstructure and a second side of the truss structure while decreasing lateral spacing of the layers until the truss structure is formed, wherein the ink comprises nanoflake material. However, Panat does teach direct the printer ([0012, 0033, 0035]; aerosol jet printing) to: alternate printing of layers of ink between a first side of a truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) forming a 3D microstructure (Figs. 1-5; [0005, 0006, 0033-0035]; truss, trusses; from [0035]: “In preparation of the open lattice described herein, the open lattice structures are fabricated by an additive “3D printing” method. The method of 3D printing is selected for its ability to produce trusses as described herein with sufficient accuracy and precision to produce a useful lattice for purposes described herein.”) and a second side of the truss structure (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses) while decreasing lateral spacing of the layers until the truss structure is formed (Figs. 1-5; [0005, 0006, 0033-0035]; plurality of trusses), wherein the ink comprises nanoflake material (Figs. 1-5; [0037, 0050]; Claim 8; graphene flakes). It would have been obvious before the effective filing date of the claimed invention to modify the method of fabrication of high resolution, high-throughput electrochemical sensing circuits on a substrate of Claussen by implementing the teachings of Panat regarding direct the printer to: alternate printing of layers of ink between a first side of a truss structure forming a 3D microstructure and a second side of the truss structure while decreasing lateral spacing of the layers until the truss structure is formed, wherein the ink comprises nanoflake material; for the purpose of “manufacturing a lattice electrode useful in an energy storage device such as a battery or capacitor” (See Panat; Abstract). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Dardona et al. US 2020/0253043 - A method of additively-manufacturing a flexible sensor system having a lattice topology includes a number of electrical interconnects, each having one or more electrically-conductive layers alternately sandwiched between two or more dielectric layers, and two or more sensors defining a sensor array, each sensor located at an intersection of and electrically connected to the interconnects on the lattice topology and electrically-connected to the interconnects. Borini et al. US 2014/0196522 - An apparatus including first and second sensor elements, the first sensor element includes a first sensor material. Potter et al. US 2017/0015064 - Disclosed are methods and apparatus for selectively sintering particulate material, the method comprising: providing a layer (6) of particulate material; providing an amount of a radiation absorbent material over a selected surface portion of the layer (6) of particulate material; providing an amount of a material that comprises a plurality of elongate elements (16) over at least part of the selected surface portion of the layer (6) of particulate material. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAUL J RIOS RUSSO whose telephone number is (571)270-3459. The examiner can normally be reached Monday-Friday: 10am-6pm, EST. 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, Huy Phan can be reached at 571-272-7924. 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. /RAUL J RIOS RUSSO/Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jun 27, 2024
Application Filed
Apr 03, 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
87%
Grant Probability
96%
With Interview (+9.0%)
2y 2m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 610 resolved cases by this examiner. Grant probability derived from career allowance rate.

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