Prosecution Insights
Last updated: August 17, 2026
Application No. 18/852,067

FRESNEL MEMBRANE AND PRODUCTION METHOD THEREOF, OPTICAL DETECTION MODULE, AND WEARABLE DEVICE

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Jun 22, 2022 — CN 202210715425.5 +1 more
Examiner
CHIEN, LUCY P
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
771 granted / 929 resolved
+23.0% vs TC avg
Moderate +5% lift
Without
With
+5.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
25 currently pending
Career history
942
Total Applications
across all art units

Statute-Specific Performance

§103
56.8%
+16.8% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
1.4%
-38.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 929 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 . Claim Rejections - 35 USC § 103 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. Claim(s) 17-19,22-26,29-33,36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chung et al (US 20190324593) in view of SCHREIBER GERHARD et al (WO 2004023179 A1) Regarding Claim 17, Chung et al discloses (Figure 2c and Figure 5) a Fresnel membrane, comprising: a substrate (250 is the substrate that makes up the Fresnel lens); Fresnel teeth (252) located on a surface of the substrate (250); a through hole (called the notch, 255) that is provided in a thickness direction of the Fresnel membrane (250) and the Fresnel teeth (252). The notch may be in the form of a circle (255) wherein the through-hole extends to form a closed circle; as shown in Figure 5 is filled with reinforcement material having a good light absorption rate to prevent light emitted from the light emitting unit from directly reaching the light receiving unit, thereby reducing optical crosstalk. Chung et al does not disclose a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth, and light-shielding ink that is stuffed in the through-hole, and the light-shielding ink divides the Fresnel membrane into two regions that are spaced apart from each other; and the light-shielding ink (255) divides the Fresnel membrane into two regions that are spaced apart from each other. SCHREIBER GERHARD et al discloses a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth (“…and said at least one trench extends through said lower, core and upper layers…), and light-shielding ink that is stuffed in the through-hole (“…the trench is filled with a material capable of absorbing stray light…”), It would have been obvious to one of ordinary skill in the art to modify Chung et al to include SCHREIBER GERHARD et al’s through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth motivated by the desire to improve isolation and reduced crosstalk. Regarding Claim 18,25, In addition to Chung et al and SCHREIBER GERHARD et al, One would have recognized that wherein the light-shielding ink extends by a width of 0.8 mm to 1.2 mm as a result-effective variable able to be optimized for shielding light. Regarding Claim 19, In addition to Chung et al and SCHREIBER GERHARD et al, Chung et al (Figure 2c and Figure 5) discloses wherein the light-shielding ink (255) divides the Fresnel membrane into an optical emit region and an optical receive region that are spaced apart (where the notch is 255) from each other, and the light-shielding ink surrounds the optical emit region. Regarding Claim 22,29,32, In addition to Chung et al and SCHREIBER GERHARD et al, Chung et al (Figure 2c and Figure 5) discloses wherein the substrate (250) and the Fresnel teeth (252) are integrally formed. Regarding Claim 23,30, In addition to Chung et al and SCHREIBER GERHARD et al, Chung et al (Figure 2c and Figure 5) discloses wherein the substrate (250) and the Fresnel teeth (252) are both transparent plastic materials [0055]. Regarding Claim 24, Chung et al (Figure 2c and Figure 5) discloses An optical detection module, comprising: a Fresnel membrane, wherein the Fresnel membrane comprises: a substrate (250) is the substrate that makes up the Fresnel lens(250); Fresnel teeth (252) located on a surface of the substrate (250); The notch may be in the form of a circle (255) wherein the through-hole extends to form a closed circle; as shown in Figure 5 is filled with reinforcement material having a good light absorption rate to prevent light emitted from the light emitting unit from directly reaching the light receiving unit, thereby reducing optical crosstalk. Chung et al does not disclose a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth, wherein the through-hole extends to form a closed circle; and light-shielding ink that is stuffed in the through-hole, wherein the light-shielding ink divides the Fresnel membrane into two regions that are spaced apart from each other; and a light-emitting element and a photoelectric sensor that are disposed on a side of the Fresnel membrane, wherein the side of the Fresnel membrane faces away from the Fresnel teeth, wherein the light-shielding ink divides the Fresnel membrane into an optical emit region and an optical receive region that are spaced apart from each other, the light-emitting element is disposed in alignment with the optical emit region of the Fresnel membrane, and the photoelectric sensor is disposed in alignment with the optical receive region of the Fresnel membrane. SCHREIBER GERHARD et al discloses a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth (“…and said at least one trench extends through said lower, core and upper layers…), and light-shielding ink that is stuffed in the through-hole (“…the trench is filled with a material capable of absorbing stray light…”), It would have been obvious to one of ordinary skill in the art to modify Chung et al to include SCHREIBER GERHARD et al’s through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth motivated by the desire to improve isolation and reduced crosstalk. Regarding Claim 26,33, In addition to Chung et al and SCHREIBER GERHARD et al, Chung et al (Figure 2c and Figure 5) disclose wherein the light-shielding ink (255) surrounds the optical emit region (center region). Regarding Claim 31, Chung et al (Figure 2c and Figure 5) discloses An optical detection module, comprising: a Fresnel membrane, wherein the Fresnel membrane comprises: a substrate (250) is the substrate that makes up the Fresnel lens(250); Fresnel teeth (252) located on a surface of the substrate (250); The notch may be in the form of a circle (255) wherein the through-hole extends to form a closed circle; as shown in Figure 5 is filled with reinforcement material having a good light absorption rate to prevent light emitted from the light emitting unit from directly reaching the light receiving unit, thereby reducing optical crosstalk. Chung et al does not disclose a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth, wherein the through-hole extends to form a closed circle; and light-shielding ink that is stuffed in the through-hole, wherein the light-shielding ink divides the Fresnel membrane into two regions that are spaced apart from each other; and a light-emitting element and a photoelectric sensor that are disposed on a side of the Fresnel membrane, wherein the side of the Fresnel membrane faces away from the Fresnel teeth, wherein the light-shielding ink divides the Fresnel membrane into an optical emit region and an optical receive region that are spaced apart from each other, the light-emitting element is disposed in alignment with the optical emit region of the Fresnel membrane, and the photoelectric sensor is disposed in alignment with the optical receive region of the Fresnel membrane. SCHREIBER GERHARD et al discloses a through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth (“…and said at least one trench extends through said lower, core and upper layers…), and light-shielding ink that is stuffed in the through-hole (“…the trench is filled with a material capable of absorbing stray light…”), It would have been obvious to one of ordinary skill in the art to modify Chung et al to include SCHREIBER GERHARD et al’s through-hole that is provided in a thickness direction of the Fresnel membrane and runs through the substrate and the Fresnel teeth motivated by the desire to improve isolation and reduced crosstalk. Regarding Claim 36, In addition to Chung et al and SCHREIBER GERHARD et al, Chung et al (Figure 2c and Figure 5) disclose wherein at least one of: the substrate (250) and the Fresnel teeth (252) are integrally formed; or the substrate and the Fresnel teeth are both transparent plastic materials [0055]. Allowable Subject Matter Claim 20,21,27,28,34,35, 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 20, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that communicate with each other, the first groove and the second groove are partially aligned in the thickness direction of the Fresnel membrane, each of the first groove and the second groove extends to form a closed circle, and the light-shielding ink is stuffed in the first groove and the second groove because there would be no motivation to do so. Regarding Claim 21, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that are arranged in the thickness direction of the Fresnel membrane and that communicate with each other, each of the first groove and the second groove extends to form a closed circle, the light-shielding ink is stuffed in the first groove, and a material obtained after a material of the substrate undergoes laser ablation is in the second groove because there would be no motivation to do so. Regarding Claim 27, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that communicate with each other, the first groove and the second groove are partially aligned in the thickness direction of the Fresnel membrane, each of the first groove and the second groove extends to form a closed circle, and the light- shielding ink is stuffed in the first groove and the second groove. Regarding Claim 28, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that are arranged in the thickness direction of the Fresnel membrane and that communicate with each other, each of the first groove and the second groove extends to form a closed circle, the light-shielding ink is stuffed in the first groove, and a material obtained after a material of the substrate undergoes laser ablation is in the second groove. Regarding Claim 34, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that communicate with each other, the first groove and the second groove are partially aligned in the thickness direction of the Fresnel membrane, each of the first groove and the second groove extends to form a closed circle, and the light-shielding ink is stuffed in the first groove and the second groove. Regarding Claim 35, The prior art does not disclose nor would it be obvious to one of ordinary skill in the art to include another reference to disclose wherein the through-hole comprises a first groove and a second groove that are arranged in the thickness direction of the Fresnel membrane and that communicate with each other, each of the first groove and the second groove extends to form a closed circle, the light-shielding ink is stuffed in the first groove, and a material obtained after a material of the substrate undergoes laser ablation is in the second groove. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUCY P CHIEN whose telephone number is (571)272-8579. The examiner can normally be reached 9AM-5PM PST M-F. 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, Michael Caley can be reached at 571-272-2286. 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. /LUCY P CHIEN/Primary Examiner, Art Unit 2871
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Prosecution Timeline

Sep 27, 2024
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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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
83%
Grant Probability
88%
With Interview (+5.3%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 929 resolved cases by this examiner. Grant probability derived from career allowance rate.

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