Prosecution Insights
Last updated: May 04, 2026
Application No. 18/808,219

LOW NOISE OPTOTHERMALLY STABLE METERING STRUCTURE

Non-Final OA §102§103
Filed
Aug 19, 2024
Priority
May 26, 2022 — continuation of 12/152,931
Examiner
WILLIAMS, DON J
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Eagle Technology LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
746 granted / 891 resolved
+15.7% vs TC avg
Moderate +5% lift
Without
With
+5.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
10 currently pending
Career history
901
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
37.4%
-2.6% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 891 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 2. 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)(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. 3. Claim(s) 1-16, 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garman et al (US7,427,758). 4. As to claim 1, Garman et al disclose (fig. 9) a metering structure (120), (column 15, lines 40-67) for an optical sensor (infrared camera, photocell), comprising: a strut (121) configured to structurally support an optical element (123) of the optical sensor (infrared camera, photocell); and a shield (129) secured (mechanically fixed in position) to the strut (121), (column 16, lines 1-13), having (specific coatings inside surface of the radiation shield, since radiation reflecting off the radiation shield should be damped or absorbed as efficiently as possible to reduce stray light load at photocell) defines a surface finish absorptive of electromagnetic radiation (absorb radiation) within an optical spectrum (radiation), (column 9, lines 16-23) and comprising a cross-sectional profile shape (126) selected to minimize reflection of stray electromagnetic energy (stray light load) in an optical spectrum (radiation), (column 9, lines 21-23). 5. As to claim 2, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) has a shield length substantially coextensive with the elongate length of the strut (121), (column 10, lines 40-column 16, lines 1-13). 6. As to claim 3, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) encloses the strut (121) along the shield length (129), (column 15, lines 40-67, column 16, lines 1-13). 7. As to claim 4, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the surface finish (specific coating), (column 9, lines 15-23 is disposed on an exterior surface of the shield (129) along the shield length (along bottom edge of radiation shield), (column 16, lines 1-5). 8. As to claim 5, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) is supported on the strut (121) using a single bracket (framework welded or soldered together), (column 15, lines 59-60) defines a single bracket. 9. As to claim 6, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) is supported on the strut (121), (column 15, lines 40-67, column 16, lines 1-13) using a plurality of brackets (formed framework welded or soldered together), (column 15, lines 59-60) disposed at locations spaced apart along an elongate length of the strut (121), (column 15, lines 40-67, column 16, lines 1-13). 10. As to claim 7, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67), wherein the plurality of brackets (formed framework welded or soldered together), (column 15, lines 59-60) defines brackets. 11. As to claim 8, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67), wherein the plurality of brackets (formed framework welded or soldered together), (column 15, lines 59-60) are configured to flex in a direction (flex in the axial direction) aligned with an axis of the strut (121), (column 15, lines 66-column 16, lines 1-13). 12. As to claim 9, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) further comprising one or more material layers (122, 130 or titanium, stainless steel, metal) disposed between the strut (121) and the shield (129), (column 15, lines 40-67, column 16, lines 1-27). 13. As to claim 10, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the one or more material layers (122, 130 or titanium, stainless steel, metal) comprises a low thermal conductivity material (poor heat conductor, thermal insulator, metal minimize heat transfer), (column 15, lines 40-67, column 16, lines 14-20). 14. As to claim 11, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the one or more material layers (122, 130 or titanium, stainless steel, metal) are configured to thermally decouple the strut (121) from the shield (129), (column 15, lines 48-67, column 16, lines 1-13). 15. As to claim 12, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the material layers (122, 130 or titanium, stainless steel, metal) comprise at least two adjacent layers of material (122, 130, or titanium, stainless steel, metal) that are separated from each other by a gap, (column 15, lines 40-67, column 16, lines 1-26). 16. As to claim 13, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) has a cross-section profile shape (circular ring), (column 15, lines 40-46) that is different as compared to a cross-sectional profile (torsionally stiff) of the strut (121), (column 15, lines 66-column 16, lines 1-13). 17. As to claim 14, Garman et al disclose (fig. 9) the metering structure (120), (column 15, lines 40-67) wherein the shield (129) has a cross-sectional profile shape (circular ring), (column 15, lines 40-46) that is the same shape type as compared to a cross-sectional profile shape (circular shape) of the strut (121), (column 15, lines 66-column 16, lines 1-13). 18. As to claim 15, Garman et al disclose (fig. 2A) the metering structure (34) wherein the shield (40) comprises two or more shield members (40, 41, 43) that are coupled to each other to surround an entire length of the strut (strut), (column 8, lines 15-65). 19. As to claim 16, Garman et al disclose (fig. 2A) the metering structure (34) wherein the two or more shield members (40, 41, 43), (column 8, lines 18-67) structurally support the surface finish (specific coating), (column 9, lines 15-23). 20. As to claim 18, Garman et al disclose (fig. 9) the metering structure (120) wherein the strut (121) and shield (129) are arranged so that an elongated length of each of the strut (121) and shield (129) is coaxially aligned along a central axis, (column 15, lines 40-67, column 16, lines 1-23). 21. As to claim 19, Garman et al disclose (fig. 9) the metering structure (120) wherein the strut (121) and shield (129) are arranged so that a central axis of an elongated length of the shield (129) is offset from a central axis of an elongated of the strut (121), (column 15, lines 40-67, column 16, lines 1-23). 22. As to claim 20, Garman et al disclose (fig. 9) the metering structure (120) wherein the shield (129) comprises at least one open end through which the strut (121) protrudes, (column 15, lines 40-67, column 16, lines 1-23). 23. As to claim 21, Garman et al disclose (fig. 1 prior art) the metering structure (34) wherein the electromagnetic radiation (radiation) in the optical spectrum comprises light in the infrared range of the electromagnetic spectrum (infrared radiation), (column 8, lines 4-5). Claim Rejections - 35 USC § 103 24. 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. 25. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garman et al (US7,427,758B2) in view of Ohkoshi et al (WO2020166628A1). 26. As to claim 17, Garman et al disclose (fig. 2A) the metering structure (34) comprising the surface finish (specific coating used to damp and/or absorb radiation), on the outer surface of the shield (40), (column 9, lines 15-23). Garman et al fail to disclose the surface finish comprises carbon nanotubes disposed on the outer surface of the shield. Ohkoshi et al disclose (fig. 1A) the surface finish comprises carbon nanotubes (carbon nanotubes) disposed on the outer surface of the shield (shield), (paragraphs [0053]-[0055]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify Garman et al to include the surface finish comprises carbon nanotubes disposed on the outer surface of the shield as taught by Ohkoshi et al in order to have excellent electromagnetic wave absorbing ability; thereby enhancing the overall performance of the metering structure. Conclusion 27. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON J WILLIAMS whose telephone number is (571)272-8538. The examiner can normally be reached M-F 8 a.m.-5 p.m.. 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 at 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. /DON J WILLIAMS/Examiner, Art Unit 2878 /GEORGIA Y EPPS/Supervisory Patent Examiner, Art Unit 2878
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Prosecution Timeline

Aug 19, 2024
Application Filed
Mar 12, 2026
Non-Final Rejection — §102, §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
84%
Grant Probability
89%
With Interview (+5.4%)
2y 8m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 891 resolved cases by this examiner. Grant probability derived from career allowance rate.

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