Prosecution Insights
Last updated: April 19, 2026
Application No. 18/261,819

TEMPERATURE MEASUREMENT DEVICE

Non-Final OA §103
Filed
Jul 17, 2023
Examiner
COTEY, PHILIP L
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
641 granted / 761 resolved
+16.2% vs TC avg
Strong +21% interview lift
Without
With
+20.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
24 currently pending
Career history
785
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 resolved cases

Office Action

§103
DETAILED ACTION Claims 6 – 24 are pending in the present application. 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 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. Claims 6-24 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 20240053208; hereinafter Oh) in view of Tsukamoto et al. (US 20150219730; hereinafter Tsukamoto). Regarding claim 6, Oh teaches a temperature measuring device (abstract; [0012]) comprising: a spin group (940 – “diamond nitrogen-vacancy center sensor” [0079]; see at least [0083] and fig. 9) made up of a plurality of particles having spins (1420; “diamond thin film 1420 including nitrogen vacancies” [0118] where the particles of this diamond layer have “diamond nitrogen-vacancy center” [0049] with plural spins [0083]; see at least [0049-50]; see also [0054-58] regarding spin states of the particles of the diamond); a mechanism configured to detect magnetization of the spin group ([0054] “the magnitude of the magnetic field may be measured based on the difference (21B) between the two resonance frequencies”; see [0058]; see also [0003-07] teaching regarding the background of this detection structure such that “the magnitude of the magnetic field applied to the diamond nitrogen-vacancy center may be determined based on the difference between the two resonance frequencies” [0006]; see fig. 7 and fig. 9); a magnetic field applicator (at least 950 and/or 960; [0085]; [0091]) configured to apply a magnetic field to the spin group in a direction horizontal the mechanism to ([0085] “magnet 950 may apply a constant static magnetic field to the diamond nitrogen-vacancy center sensor 940”; [0091] “test coil 960 that applies a calibrated test magnetic field”; see fig. 9 showing this horizontal orientation of the two magnetic field sources which will cause a horizontal spin); and a measuring device configured to measure energy of the mechanism (at least 995; [0092]; see fig. 1 showing the energy measured by the device; [0030]; [0056]; [0058]; see fig. 9; see also [0016]). Oh does not directly and specifically state that that the mechanism is a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 7, Oh teaches that the spin group is disposed at an asymmetric position ([0049-50] teaches that the symmetry of the spin states is “separated in proportion to the magnitude of the applied external magnetic field” [0050]). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 8, Oh teaches that the spin group is disposed at a position shifted from a symmetrical position ([0049-50] teaches that the symmetry of the spin states is “separated in proportion to the magnitude of the applied external magnetic field” [0050]) in a plan view (see fig. 9 showing this shift will be cause in a plan view due to the horizontal nature of the applied magnetic field(s)). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 9, Oh teaches that the measuring device is configured to measure a quantum state (see [0051-54] teaching measuring the spin quanta; see specifically [0054] teaching measurement of the temperature via this quantum state-based measurement). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 10, Oh lacks direct and specific teaching that the superconducting quantum bit is a superconducting magnetic flux quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]; see specifically [0011] teaching is regard to the mode of operation of the quantum bit “generating a voltage V in the two Josephson junctions, the voltage V generated across the terminals varies periodically with flux quantum .PHI..sub.0(=2.07.times.10.sup.-15 Wb) as a cycle by magnetic flux”). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 11, Oh teaches that the measuring device is configured to measure a quantum state (see [0051-54] teaching measuring the spin quanta; see specifically [0054] teaching measurement of the temperature via this quantum state-based measurement). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 12, Oh lacks direct and specific teaching that the superconducting quantum bit is a superconducting magnetic flux quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]; see specifically [0011] teaching is regard to the mode of operation of the quantum bit “generating a voltage V in the two Josephson junctions, the voltage V generated across the terminals varies periodically with flux quantum .PHI..sub.0(=2.07.times.10.sup.-15 Wb) as a cycle by magnetic flux”). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 13, Oh teaches that a variable due to magnetization of the spin group is obtained from the energy of the mechanism that is measured by the measuring device (see [0094]; [0083]; see fig. 1 showing the energy measured by the device due to magnetization of the spin group; [0030]; [0056]; [0058]; see fig. 9; see also [0016]), and wherein the variable is converted into a temperature measurement ([0092]; see also abstract). Oh lacks direct and specific teaching that the variable is a magnetic flux and that that the mechanism is a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]; see specifically [0011] teaching is regard to the mode of operation of the quantum bit “generating a voltage V in the two Josephson junctions, the voltage V generated across the terminals varies periodically with flux quantum .PHI..sub.0(=2.07.times.10.sup.-15 Wb) as a cycle by magnetic flux”). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 14, Oh teaches that the plurality of particles of the spin group is a plurality of diamond particles (see at least abstract -- “a diamond nitrogen vacancy center sensor” is disclosed). Regarding claim 15, Oh teaches that the plurality of diamond particles has a plurality of P1 centers (see at least abstract -- “a diamond nitrogen vacancy center sensor” is disclosed – please note that P1 center(s) is a term describing nitrogen defect in a diamond’s crystal lattice). Regarding claim 16, Oh teaches a method (abstract; [0012]) comprising: detecting, by a mechanism, magnetization of a spin group (940 – “diamond nitrogen-vacancy center sensor” [0079]; see at least [0083] and [0054] “the magnitude of the magnetic field may be measured based on the difference (21B) between the two resonance frequencies”; see [0058]; see also [0003-07] teaching regarding the background of this detection structure such that “the magnitude of the magnetic field applied to the diamond nitrogen-vacancy center may be determined based on the difference between the two resonance frequencies” [0006]; see fig. 7 and fig. 9), the spin group being made up of a plurality of particles having spins (1420; “diamond thin film 1420 including nitrogen vacancies” [0118] where the particles of this diamond layer have “diamond nitrogen-vacancy center” [0049] with plural spins [0083]; see at least [0049-50]; see also [0054-58] regarding spin states of the particles of the diamond); applying, by a magnetic field applicator (at least 950 and/or 960; [0085]; [0091]), a magnetic field to the spin group in a direction horizontal to the mechanism ([0085] “magnet 950 may apply a constant static magnetic field to the diamond nitrogen-vacancy center sensor 940”; [0091] “test coil 960 that applies a calibrated test magnetic field”; see fig. 9 showing this horizontal orientation of the two magnetic field sources which will cause a horizontal spin); and measuring, by a measuring device (at least 995), energy of the mechanism to determine a measurement (see [0092]; see fig. 1 showing the energy measured by the device; [0030]; [0056]; [0058]; see fig. 9; see also [0016]); and converting the measurement into a temperature measurement ([0012] “controller determining a change in temperature at each of the diamond thin film locations based on a change in an output of the lock-in-amplifier”; see also abstract, [0070] and [0092]). Oh does not directly and specifically state that that the mechanism is a superconducting quantum bit and that the measurement is specifically magnetic flux. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the method for detecting magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) detecting magnetic flux of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensing method. Regarding claim 17, Oh teaches that the spin group is disposed at an asymmetric position ([0049-50] teaches that the symmetry of the spin states is “separated in proportion to the magnitude of the applied external magnetic field” [0050]). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the method for detecting magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) detecting magnetic flux of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensing method. Regarding claim 18, Oh teaches that the spin group is disposed at a position shifted from a symmetrical position ([0049-50] teaches that the symmetry of the spin states is “separated in proportion to the magnitude of the applied external magnetic field” [0050]) in a plan view (see fig. 9 showing this shift will be cause in a plan view due to the horizontal nature of the applied magnetic field(s)). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 19, Oh teaches that the measuring device is configured to measure a quantum state (see [0051-54] teaching measuring the spin quanta; see specifically [0054] teaching measurement of the temperature via this quantum state-based measurement). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 20, Oh lacks direct and specific teaching that the superconducting quantum bit is a superconducting magnetic flux quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]; see specifically [0011] teaching is regard to the mode of operation of the quantum bit “generating a voltage V in the two Josephson junctions, the voltage V generated across the terminals varies periodically with flux quantum .PHI..sub.0(=2.07.times.10.sup.-15 Wb) as a cycle by magnetic flux”). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 21, Oh teaches that the measuring device is configured to measure a quantum state (see [0051-54] teaching measuring the spin quanta; see specifically [0054] teaching measurement of the temperature via this quantum state-based measurement). Oh does not directly and specifically state regarding a superconducting quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 22, Oh lacks direct and specific teaching that the superconducting quantum bit is a superconducting magnetic flux quantum bit. However, Tsukamoto teaches a sensor (abstract) using a superconducting (abstract; [0011]) quantum bit (at least “Josephson junctions 3a, 3b” [0048]; see [0011-12]) sensing magnetic flux ([0011-12]; see specifically [0011] teaching is regard to the mode of operation of the quantum bit “generating a voltage V in the two Josephson junctions, the voltage V generated across the terminals varies periodically with flux quantum .PHI..sub.0(=2.07.times.10.sup.-15 Wb) as a cycle by magnetic flux”). Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the sensor for magnetism and temperature of Oh with the specific knowledge of using the Josephson junction(s) / quantum bit(s) of Tsukamoto. This is because such junctions / bits are known for producing highly sensitive measurements ([0012] of Tsukamoto). This is important in order to provide a more accurate sensor. Regarding claim 23, Oh teaches that the plurality of particles of the spin group is a plurality of diamond particles (see at least abstract -- “a diamond nitrogen vacancy center sensor” is disclosed). Regarding claim 24, Oh teaches that the plurality of diamond particles each have nitrogen impurities (see at least abstract -- “a diamond nitrogen vacancy center sensor” is disclosed). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5. 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, Laura Martin can be reached at 571-272-2160. 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. /PHILIP L COTEY/ Examiner, Art Unit 2855 /LAURA MARTIN/ SPE, Art Unit 2855
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Prosecution Timeline

Jul 17, 2023
Application Filed
Dec 03, 2025
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+20.8%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allow rate.

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