Prosecution Insights
Last updated: October 25, 2026
Application No. 19/135,276

GAS CONCENTRATION SENSOR AND METHOD OF USING THE SAME

Non-Final OA §103
Filed
Jun 03, 2025
Priority
Dec 14, 2022 — provisional 63/432,609 +1 more
Examiner
HANSEN, JONATHAN M
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Mks Inc.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
614 granted / 773 resolved
+11.4% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
28 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
49.1%
+9.1% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 resolved cases

Office Action

§103
DETAILED ACTION 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1, 4-11 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,521,703 to Mitchell, in view of US Publication 2018/0323093 to Zhang et al. Regarding claim 1, Mitchell discloses and shows in Figures 1-7, an optical gas concentration sensor (col. 1, ll. 7-13), comprising: a sample cell (60, 260, 460) comprising an inlet port (140) and an outlet port (150) through which a gas can flow (col. 11, ll. 39-52); a light source (10, 210, 410) configured to emit light into an interior of the sample cell (col. 8, ll. 8-15); a light detector (100, 294, 516) arranged outside the sample cell (col. 8, ll. 40-68); and an optical waveguide assembly (80, 380, 90, 390, 490, 492a-d) (Figures 1, 6b-c) optically coupling an interior of the sample cell to the detector (col. 5, ll. 1-24; col. 12, ll. 27-68), wherein the optical waveguide assembly includes: a plurality of filters (80, 380) and a GRIN lens (392) (applicant’s first optical waveguide) coupled to the sample cell (col. 5, ll. 1-24; col. 12, ll. 12-68); a second optical waveguide (390) coupled to the detector (col. 5, ll. 1-24; col. 12, ll. 12-68); and wherein the first optical waveguide has different optical transmission characteristics from the second optical waveguide (col. 5, ll. 1-24; col. 12, ll. 12 to col. 13, ll. 6; wherein each of the filters may transmit different bands of wavelengths, the GRIN lens may “improve the collection and delivery” of the scattered light, and each of the fibers in the fiber bundle may be tailored to transmit light of particular wavelength bands, thereby providing a plurality of different individual detection channels). Mitchell further discloses and shows in Figures 6a-c, the system wherein the sample cell (360) includes a distal end, which protrudes around filter (380) and GRIN lens (392), and appears to allow fiber bundle (390) to couple there within. Mitchell differs from the limitations in that it does not explicitly disclose: an optical coupler optically coupling the first optical waveguide to the second optical waveguide, wherein the first optical waveguide has different optical transmission characteristics from the second optical waveguide at wavelengths in a wavelength range from 1.5 µm to 18 µm. However, Zhang teaches and shows in Figure 2a-b, an optical measurement system (124) comprising: an interior light guide (214) contacting a sample processing chamber; an exterior optical fiber (212); and one or more couplers (230), wherein the one or more couplers (230) forms a fiber optic junction (220) between the interior light guide and the exterior optical fiber to provide the advantage of insulating the external processing and detection systems from the high temperatures of the sample chamber (par. 27-28). Zhang further teaches utilizing and detecting infrared (IR) radiation (applicant’s wavelength range from 1.5 µm to 18 µm). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mitchell to include the optical coupler and wavelengths discussed above for the advantage of utilizing well-known optical components to thermally insulate and isolate sensitive systems from high temperatures and harsh environments, with a reasonable expectation of success. Regarding claims 4-6, Mitchell differs from the limitations in that it is silent to the system further comprising: [claim 4] wherein a length of the first optical waveguide is less than a length of the second optical waveguide; [claim 5] wherein the first optical waveguide includes at least one optical fiber; [claim 6] wherein the first optical waveguide includes a material selected from the group consisting of ZrF4, InF3, a chalcogenide material, and a silver halide material. However, Zhang teaches and shows in Figure 2a-b, an optical measurement system (124) comprising: an interior optical light guide or fiber (214), which may be formed of sapphire “or any other material suitable for directed IR light”, and is shorter in length that an exterior optical fiber (212). Further, ZrF4, InF3, a chalcogenide material, and a silver halide material, are well-known optical materials. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mitchell to include the optical fibers discussed above for the advantage of utilizing well-known optical components to improve the collection and delivery of scattered light and to isolate sensitive systems from high temperatures and harsh environments, with a reasonable expectation of success. Regarding claims 7-11 and 17-18, Mitchell, in view of Zhang, discloses and shows in Figures 1-7, an optical gas concentration sensor (col. 1, ll. 7-13), comprising: [claim 7] wherein the light detector includes: at least one photodetector (100, 294, 516); and a plurality of optical filters (508) arranged and configured to transmit, to the at least one photodetector, different bands of wavelengths in the mid-IR range of the electromagnetic spectrum (col. 13, ll. 43 to col. 14, ll. 11; wherein a plurality of different individual detection channels may be utilized); [claim 8] wherein the at least one photodetector includes a single photodetector (100, 294, 516) (col. 13, ll. 43 to col. 14, ll. 11); [claim 9] wherein the at least one photodetector includes a plurality of photodetectors (100, 294, 516) (col. 13, ll. 43 to col. 14, ll. 11); [claim 10] wherein different optical filters of the plurality of optical filters are arranged at different photodetectors of the plurality of photodetectors (508) (col. 13, ll. 43 to col. 14, ll. 11; wherein a plurality of different individual detection channels may be utilized); [claim 11] wherein the plurality of optical filters includes: a first optical filter (508a) configured to transmit a first band of wavelengths in the wavelength range of the electromagnetic spectrum; a second optical filter (508b) configured to transmit a second band of wavelengths in the wavelength range of the electromagnetic spectrum; and a third optical filter (508c) configured to transmit a third band of wavelengths in the wavelength range of the electromagnetic spectrum, wherein the first band of wavelengths do not overlap with the third band of wavelengths (col. 13, ll. 43 to col. 14, ll. 11; wherein a plurality of different detection channels may be utilized, and each channel may include a filter designed to detect a desired wavelength); [claim 17 further comprising an analyzer (100, 294) coupled to an output of the detector and configured to determine a concentration of the gas in the sample cell based on detection signals output by the at least one photodetector in response to receiving light transmitted by the first, second and third optical filters (col. 1, ll. 7-13; col. 5, 1-24); [claim 18] further comprising an analyzer (100, 294) coupled to an output of the detector and configured to determine a concentration of the gas in the sample cell (col. 1, ll. 7-13; col. 5, ll. 1-24). Claim(s) 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell, in view of Zhang, and in further view of US Publication 2003/0205673 to Williams Regarding claims 12-16, Mitchell discloses and shows in Figures 1-7, an optical gas concentration sensor (col. 1, ll. 7-13), comprising: a fiber optic bundle (490), having a plurality of optical fibers (492a-d) and a plurality of optical filters (508a-d), which may be “designed” to pass particular detection wavelengths (col. 13, ll. 43 to col. 14, ll. 11). Mitchell, in view of Zhang, differs from the limitations in that it is silent to the system further comprising: [claim 12] wherein the second band of wavelengths does not overlap with the first or third bands of wavelengths; [claim 13] wherein the second band of wavelengths lies in between the first and third bands of wavelengths; [claim 14] wherein wavelengths in the second band of wavelengths are more strongly absorbable by the gas than wavelengths in the first or third bands of wavelengths; [claim 15] wherein wavelengths in the first band of wavelengths are more strongly absorbable by byproducts of the gas or contamination within the sample cell than wavelengths in the second or third bands of wavelengths; [claim 16] wherein wavelengths in the third band of wavelengths are less strongly absorbable by the gas, byproducts of the gas or contamination within the sample cell than wavelengths in the first or second bands of wavelengths. However, Williams teaches and shows in Figure 2a-b, a spectroscopic gas measurement system (par. 1) comprising: a plurality of dichroic mirrors (31, 33); a plurality of narrowband optical filters (43, 45, 47); and a plurality of detectors (55, 57, 59), to provide a plurality of different detection channels (par. 28-30, 32), wherein each of the detector channels are configured to detect a particular gas (par. 39-41). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mitchell to include the plurality of detection channels and wavelengths discussed above for the advantage of providing a plurality of desired wavelength bands in order to monitor the presence of specific gas components within a sample, with a reasonable expectation of success. Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Mitchell, in view of Zhang, and in further view of US Publication 2022/0236173 to Nikittin et al. Regarding claims 2-3, Mitchell, in view of Zhang, differs from the limitations in that it is silent to the system further comprising: [claim 2] further comprising a thermally insulating enclosure, wherein the sample cell is arranged within the thermally insulating enclosure; [claim 3] wherein the optical waveguide assembly is connected to the thermally insulating enclosure. However, Nikittin teaches and shows in Figures 1-3, an optical gas concentration measurement system comprising: a thermally insulated gas chamber (102), wherein the chamber is coupled to a plurality of optical waveguides (112, 114) (par. 6, 17, 20, 22-23). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention, to modify Mitchell to include the thermally insulated enclosure discussed above for the advantage of utilizing well-known optical components to thermally insulate and isolate sensitive systems from high temperatures and harsh environments, with a reasonable expectation of success. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN M HANSEN whose telephone number is (571)270-1736. The examiner can normally be reached Monday to Friday, 8am to 4pm. 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. JONATHAN M. HANSEN Primary Examiner Art Unit 2877 /JONATHAN M HANSEN/Primary Examiner, Art Unit 2877
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Prosecution Timeline

Jun 03, 2025
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
91%
With Interview (+11.5%)
2y 5m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allowance rate.

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