Prosecution Insights
Last updated: August 16, 2026
Application No. 18/848,332

APPARATUS AND METHOD FOR SPECTRUM DETECTION BY DEFECT SCATTERING CALCULATION AND RECONSTRUCTION

Non-Final OA §103
Filed
Sep 18, 2024
Priority
Feb 15, 2023 — CN 202310113989.6 +1 more
Examiner
YAZBACK, MAHER
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nanjing Institute Of Astronomical Optics & Technology Chinese Academy Of Sciences
OA Round
2 (Non-Final)
75%
Grant Probability
Favorable
2-3
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
47 granted / 63 resolved
+6.6% vs TC avg
Strong +25% interview lift
Without
With
+25.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
22 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
60.3%
+20.3% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 63 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 . Response to Amendments/Arguments Applicant’s amendments, see Pg. 4, filed 05/19/2026, with respect to the objection of claims 1 and 3-6 have been fully considered and are sufficient to overcome the objection to the claims. The objections of claims 1 and 3-6 has been withdrawn. Applicant has canceled claim 3. Applicant’s amendments, see Pg. 4, filed 05/19/2026, with respect to the rejection of claims 4-5 under 35 US 112(b) have been fully considered and is sufficient to overcome the rejection of the claims. The rejection of claims 4-5 has been withdrawn. Applicant’s arguments, see Pg. 4-6, filed 05/19/2026, with respect to claims 1-7 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. Applicant has canceled claim 3. However, upon further consideration, a new ground(s) of rejection is made in view of Chen et al. (CN 114964494 A – hereinafter “Chen ‘494”), Lu et al. (CN 102681083 B), Chen et al. (CN 115683335 A – hereinafter “Chen ‘335”) and Schmidt et al. (US 2025/0198933 A1). 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. Claim(s) 1-2 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 114964494 A – hereinafter “Chen ‘494”, portions of the translation, submitted 02/26/2026, are being cited) in view of Lu et al. (CN 102681083 B, portions of the translation, submitted 02/26/2026, are being cited) in view of Chen et al. (CN 115683335 A – hereinafter “Chen ‘335”, portions of the translation, submitted 02/26/2026, are being cited) further in view of Schmidt et al. (US 2025/0198933 A1). Regarding claim 1, Chen ‘494 discloses an apparatus for spectrum detection by defect scattering calculation and reconstruction, comprising a photodetector (1); a light input system (4); and a multi-mode waveguide (2), and remaining parts are cladding layers (3); one end of the light input system is connected to a light source (see Abstract, lines 15-18), and an other end of the light input system is connected to the multi-mode optical waveguide (see Abstract, lines 15-18); and the photodetector is arranged on the multi-mode optical waveguide and used for collecting a spot scattered from the random defect scattering structure on the multi-mode optical waveguide (Fig. 1-3; Abstract; Pg. 4, lines 24-27; Pg. 4, line 43 - Pg. 5, line 1; Pg. 5, lines 15-20; Pg. 3, lines 24-35). Chen ‘494 discloses that the spectrometer is based on optical waveguide leakage mode splitting light, implying guided-light propagation patterns resulting from imperfectly confined refractive index structure which may be caused by surface defects. Chen does not explicitly disclose wherein a surface of the multi-mode optical waveguide is etched with a random defect scattering structure. However, Lu, which relates to the field of endeavor of optical waveguide systems, discloses an optical waveguide system wherein a surface of an optical waveguide is etched with a random defect scattering structure (Lu: Fig. 2; Pg. 3, lines 31-34; Pg. 5, lines 3-11; Pg. 8, lines 16-19). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen with an optical waveguide structure which is able to scatter light towards image sensors while reducing the size of the spectrometer while improving the utilization rate of the light received by the spectrometer (Lu: Pg. 4, lines 3-7). Chen ‘494 in view of Lu does not explicitly disclose a multi-mode optical waveguide. However, Chen ‘335, in the same field of endeavor of optical waveguide system, discloses a spectrometer utilizing multimode optical waveguides (3) (Fig. 2-3; Pg. 2, lines 15-20; Pg. 6, lines 26-28 and 35-38). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen in view of Lu with a multimode optical waveguide, increasing the overall bandwidth of the measurement system. Chen ‘494 in view of Lu and Chen ‘335 does not explicitly disclose wherein the multi-mode optical waveguide is made of a transparent material in an operating band, and the multi-mode optical waveguide comprises silicon nitride, silicon, silicon dioxide, lithium niobate, III-V semiconductor compounds or a polymer material. However, Schmidt, in the same field of endeavor of optical waveguide systems, discloses wherein a multi-mode optical waveguide (102) is made of a transparent material in an operating band, and the multi-mode optical waveguide comprises silicon nitride, silicon, silicon dioxide, lithium niobate, III-V semiconductor compounds or a polymer material (Fig. 1A-B; [0056]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen ‘494 in view of Lu and Chen ‘335 with a multi-mode optical waveguide is made of a transparent material in an operating band, and the multi-mode optical waveguide comprises silicon nitride, silicon, silicon dioxide, lithium niobate, III-V semiconductor compounds or a polymer material providing the advantage of known materials and/or features which may be selected to encourage scattering of light in the multi-mode waveguide and efficiently tailored to the measurement system and process (Schmidt: [0056], last 5 lines). Regarding claim 2, Chen ‘494 in view of Lu, Chen ‘335 and Schmidt discloses the apparatus for spectrum detection by defect scattering calculation and reconstruction according to claim 1, as outlined above, and further discloses wherein the light input system (4) is a structure that stabilizes light after light propagation, so that a spot and power of light inputted into the multi-mode optical waveguide are stable (Chen ‘494: Fig. 1-3; Abstract; Pg. 4, line 43 – Pg. 5, line 1; see claim 4). Regarding claim 4, Chen ‘494 in view of Lu, Chen ‘335 and Schmidt discloses the apparatus for spectrum detection by defect scattering calculation and reconstruction according to claim 2, as outlined above, and further discloses wherein the random defect scattering structure is of an uneven structure on a side surface of the multi-mode optical waveguide and is used for scattering light from the multi-mode optical waveguide; the random defect scattering structure has a section in any shape; and a three-dimensional shape is manifested as a downward or upward pit or protrusion from the side surface of the multi-mode optical waveguide (Lu: Fig. 2; Pg. 3, lines 31-34; Pg. 5, lines 3-11; Pg. 8, lines 16-19). Regarding claim 5, Chen ‘494 in view of Lu, Chen ‘335 and Schmidt discloses the apparatus for spectrum detection by defect scattering calculation and reconstruction according to claim 4, as outlined above, and further discloses wherein a spatial position, a size and a depth of the random defect scattering structure each has a random quantity, or one of them has a random quantity, or a part of the whole quantities has a random quantity; the obtained random defect scattering structure is randomly distributed on the side surface of the multi-mode optical waveguide; and the light propagation in the multi-mode optical waveguide is scattered through the random defect scattering structure (Lu: Fig. 2; Pg. 3, lines 31-34; Pg. 5, lines 3-11; Pg. 8, lines 16-19). Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (CN 114964494 A – hereinafter “Chen ‘494”, portions of the attached translation, submitted 02/26/2026, are being cited) in view of Lu et al. (CN 102681083 B, portions of the translation, submitted 02/26/2026, are being cited) further in view of Chen et al. (CN 115683335 A – hereinafter “Chen ‘335”, portions of the translation, submitted 02/26/2026, are being cited). Regarding claim 6, Chen ‘494 discloses a method for spectrum detection by defect scattering calculation and reconstruction, comprising the following steps: 1) calibration: allowing a number of calibration light of known wavelengths and intensities in a band range to enter a device, the device being the apparatus for spectrum detection and reconstruction according to any of claims 1 to 5, and the light being scattered from a side surface of the optical waveguide to obtain a light field intensity distribution on different pixels of the photodetector; storing light field intensity values obtained by the series of different wavelengths in a transmission matrix as a spectral response function (Pg. 3, lines 24-28); 2) collection of a scattered light field intensity distribution on the side surface: when light of an unknown spectrum enters the device, the light is scattered from the side surface of the optical waveguide to obtain a light field intensity distribution on the photodetector (Pg. 3, lines 29-30); and 3) spectral reconstruction: a calibrated transmission matrix and a light field distribution of unknown light form a linear equation, and a spectrum of reconstructed light to be measured is obtained by solving the linear equation (Pg. 3, lines 31-35). Chen ‘494 discloses that the spectrometer is based on optical waveguide leakage mode splitting light, implying guided-light propagation patterns resulting from imperfectly confined refractive index structure which may be caused by surface defects. Chen ‘494 does not explicitly disclose the device being the apparatus for spectrum detection by defect scattering calculation. However, Lu, which relates to the field of endeavor of optical waveguide systems, discloses an optical waveguide system wherein a surface of an optical waveguide (3) is etched with a random defect scattering structure, which may be used as an apparatus for spectrum detection by defect scattering calculation (Lu: Fig. 2; Pg. 3, lines 31-34; Pg. 5, lines 3-11; Pg. 8, lines 16-19). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen with an optical waveguide structure which is able to scatter light towards image sensors while reducing the size of the spectrometer while improving the utilization rate of the light received by the spectrometer (Lu: Pg. 4, lines 3-7). Chen ‘494 in view of Lu does not explicitly disclose a multi-mode optical waveguide. However, Chen ‘335, in the same field of endeavor of optical waveguide system, discloses a spectrometer utilizing multimode optical waveguides (3) (Fig. 2-3; Pg. 2, lines 15-20; Pg. 6, lines 26-28 and 35-38). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Chen in view of Lu with a multimode optical waveguide, increasing the overall bandwidth of the measurement system. Regarding claim 7, Chen ‘494 in view of Lu and Chen ‘335 discloses the method for spectrum detection by defect scattering calculation and reconstruction according to claim 6, as outlined above, and further discloses wherein the photodetector collects an optical signal scattered from the side surface of the multi-mode optical waveguide (Lu: Pg. 3, lines 29-34; Pg. 7, lines 15-26). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHER YAZBACK whose telephone number is (703)756-1456. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm. 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, Michelle Iacoletti can be reached at (571)270-5789. 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. /MAHER YAZBACK/Examiner, Art Unit 2877 /MICHELLE M IACOLETTI/Supervisory Patent Examiner, Art Unit 2877
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Prosecution Timeline

Sep 18, 2024
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §103
May 19, 2026
Response Filed
Jul 15, 2026
Non-Final Rejection mailed — §103
Aug 11, 2026
Applicant Interview (Telephonic)
Aug 11, 2026
Examiner Interview Summary

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Prosecution Projections

2-3
Expected OA Rounds
75%
Grant Probability
99%
With Interview (+25.1%)
2y 9m (~10m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 63 resolved cases by this examiner. Grant probability derived from career allowance rate.

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