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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/14/2026 has been entered.
Response to Arguments
Applicant's arguments filed 01/14/2026 have been fully considered but they are not persuasive.
Applicant argues that amended claim 1 the Fu fails to disclose an antenna conductor “provided directly on the diamond crystal” while Fu’s antenna is spaced apart.
Examiner respectfully disagrees, Fu teaches microwave radiation may be generated by conductive structures physically attached to the diamond chip “the microwave radiation (170) may be generated by metal leads which are attached to the sides of the diamond chip” [0029], antenna conductors either attached or immediately adjacent to the diamond substrate.
Under broadest reasonable interpretation “provided directly on” encompasses conductive structure attached to the diamond crystal such the microwave coupling occurs.
Further inconsistency with respect to Fu’s element 535, identified as a green excitation source. Examiner clarifies that the rejection of independent claim does not reply of Fu’s excitation source as the claimed antenna conductor, rather the rejection is based on Fu’s microwave generation via RF antenna structures and conductive metal leads attached to the diamond chip. Any inadvertent reference to the excitation source in dependent claim discussion is not determinative of the antenna conductor limitation as per claim 1.
Further argument that electrode structure not discloses by Fu. Examiner agrees that Fu does not discloses first and second comb engaging each other to or a capacitance forming portion. However, Karasawa teaches a diamond resonator element including comb like electrode formed on a diamond substrate [0035], such an integrated structure inherently forms capacitance between electrode fingers, corresponding to the claimed “capacitance forming portion”.
Applicant further argues that Karasawa’s comb electrode does not itself emit electrodes but instead outputs a signal that is emitted as microwave by a waveguide unit also neither reference teaches claimed combination and alleged hindsight.
Examiner acknowledges; however, Karasawa nevertheless teaches the claimed integrated comb electrode configuration as a known high frequency conductor structure formed on diamond substrate. Fu requires an antenna conductor for microwave excitation of NV centers, using conductive structure attached to the diamond chip, and Karasawa provides a known electrode geometry suitable for high frequency operation, and it will be obvious to adapt Karasawa comb electrode for use as part of Fu’s microwave excitation to achieve improvements in frequency selectivity and coupling efficiency. Further Karasawa teaches the comb electrode configuration enable reliable output of specific high frequency signals and improved signal purity [0039] and would be obvious to incorporate known comb electrode configuration into Fu’s excitation structure to improve microwave coupling and frequency performance. As help KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007), combining familiar elements according to known methods yields predictable results ais obvious, the combined teaching of references must be considered In re Keller, 642 F.2d 413 (CCPA 1982).
Accordingly, the combination is not based on hindsight but on predictable substitution of known high frequency electrode structures.
Applicant further argues that Karasawa is directed to ISM-band heating, plasma generation and radar system rather than NV biosensing.
Examiner notes that both Fu and Karasawa relate to high frequency electromagnetic structures implemented on diamond substrates. Art is analogous if it is reasonable pertinent to the problem addressed. In re ICON Health & Fitness, 496 F.3d 1374 (Fed. Cir 2007).
Examiner finds that incorporation of a known interdigitated comb electrode geometry into an RF excitation conductor represents a predictable variation within the level of ordinary skill in the art and would have yielded predictable results without undue experimentation.
Claim Rejections - 35 USC § 103
3. 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 of this title, 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 1-3, 5-8, 12, 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fu (U.S. Publication 20110062957) in view of Karasawa (U.S. Publication 20070068909).
Regarding claim 1, Fu discloses a detection substrate (fig. 1B (130)) comprising: a diamond crystal in which an NV center is formed (fig. 1B, 147)); and an antenna conductor provided directly on [[at]] the diamond crystal, the antenna conductor configured to emit microwaves acting on the NV center (Radio frequency radiation, such as microwave radiation (170), can be generated by an antenna which is in close proximity to the nitrogen-vacancy center (147, FIG. 1A). For example, the microwave radiation (170) may be generated by metal leads which are attached to the sides of the diamond chip [0029] fig. 1B (123, 120 to 147) RF antenna and /or metal Leeds physically attached to or in direct proximity with the diamond substrate. Therefore, the positional limitation “provided at” is met by Fu’s configuration).
Fu does not explicitly teach conductor comprising a first side including a first comb and a second side including a second comb, the first comb and the second comb engaging each other and forming a capacitance forming portion.
However, Karasawa teaching a diamond resonator element including an interdigitated comb electrode structure formed on a diamond substrate teaches conductor comprising a first side including a first comb and a second side including a second comb, the first comb and the second comb engaging each other and forming a capacitance forming portion (fig. 4 (36 a, b)“a comb-like electrode (IDT) 36 placed on such a substrate 34 using diamond” [0035] inherently forming capacitance between electrode fingers)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify Fu’s microwave antenna conductor to incorporate the known comb electrode configuration of Karasawa in order to improve frequency selectivity and signal purity.
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Regarding claim 2, Fu as modified further teaches wherein the NV center is arranged in or at one face of the diamond crystal (fig. 5 (515 on 510)), and the antenna conductor is arranged at a face of the diamond crystal opposite to the one face at which the NV center is formed (fig. 5 (535 on opposite side as to NV layer 515) the microwave radiation may be generated by metal leads which are attached to the sides of the diamond chip [0029] RF antenna and /or metal Leeds physically attached to or in direct proximity with the diamond substrate. Therefore, the positional limitation “provided at” is met by Fu’s configuration).
Regarding claim 3, Fu as modified further teaches wherein the one face of the diamond crystal is arranged close to a detection target (fig. 5 (top surface of 510 facing fluidic layer with analytes)).
Regarding claim 5, Fu as modified further teaches a detector comprising: the detection substrate; and a dielectric base (substrate 805 fig. 8).
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Regarding claim 6, Fu as modified further teaches wherein the NV center is arranged in or at one face of the diamond crystal, and the antenna conductor is arranged at a face of the diamond crystal opposite to a face at which the NV center is formed fig. 5 (535 on opposite side as to NV layer 515) the microwave radiation may be generated by metal leads which are attached to the sides of the diamond chip [0029] RF antenna and /or metal Leeds physically attached to or in direct proximity with the diamond substrate. Therefore, the positional limitation “provided at” is met by Fu’s configuration)).
Regarding claim 7, Fu as modified further teaches wherein the one face of the diamond crystal is arranged close to a detection target (fig. 5 top side of 535).
Regarding claim 8, Fu as modified further teaches wherein the dielectric base is electrically connected to the detection substrate via the antenna conductor (fig. 5 substrate 510 connected to 535).
Regarding claim 12, Fu as modified further teaches wherein the dielectric base has a tubular shape that accommodates the detection substrate (fig. 3 (microfluidic channels 325 contains fluid with analytes)).
Regarding claim 14, Fu as modified further teaches wherein the one face of the diamond crystal at which the NV center is formed is a smooth face (fig. 5 (510 is smooth on all sides)).
Regarding claim 15, F Fu as modified further teaches a light emitting element, and a light receiving element, wherein the light emitting element is configured to irradiate[[s]] the NV center with light (fig. 5 (light 545 emits from 505)), and the light receiving element is configured to receive [[s]] fluorescence of the NV center (fig. 5 (light 545 received by 550)).
Regarding claim 16, Fu as modified further teaches wherein the NV center is arranged in or at one face of the diamond crystal (fig. 5 (515 on 510)); antenna conductor is arranged at a face of the diamond crystal opposite to a face at which the NV center is formed (fig. 5 (535 on 510)); and the light emitting element and the light receiving element are arranged in close contact with [[
Regarding claim 17, Fu as modified further teaches wherein the light emitting element and the light receiving element are arranged, at the face of the diamond crystal opposite to the one face at which the NV center is formed (fig. 4 (435 on side and 445 opposite to the back of nv layer 415 facing 420)), immediately above the portion where antenna conductor is not arranged (fig. 4 435 arranged on side), while being separated by a certain distance (fig. 4 (space between 405 435 and 450)).
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Regarding claim 18, Fu as modified further teaches wherein the detector comprises an optical window accommodated by the dielectric base, the optical window facing the detection substrate (fig. 2B (shows optical waveguides with detector 205 on substrate, inherently optical wave guides are glass or transparent plastic)).
Claims 9-11, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fu (U.S. Publication 20110062957), Karasawa (U.S. Publication 20070068909) as applied to the rejection of claim 8 above and further in view of Cheng (JP2020038086A).
Fu as modified by Karasawa teach the claimed invention above except:
Regarding claims 9, 10, Fu as modified by Karasawa does not explicitly teach an oscillation element electrically connected to wiring on the dielectric base and the antenna conductor is electrically connected to the oscillation element via the wiring.
However, Cheng in a relevant art teaching a diamond sensor system teaches an oscillation element electrically connected to wiring on the dielectric base (resonator 8 on substrate 9, fig. 1), and the antenna conductor is electrically connected to the oscillation element via the wiring (fig. 1 microwave application unit 5 connected to 8).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate resonator of Cheng in Fu as modified by Karasawa to gain the advantage of Improving the uniformity of the magnetic field [Cheng [0044]].
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Fu discloses the claimed invention above except:
Regarding claim 11, Fu as modified by Karasawa does not explicitly teach wherein the oscillation element is positioned at the face opposite to the one face at which the NV center is formed.
However, Cheng in a relevant art teaching a diamond sensor system teaches wherein the oscillation element is positioned at the face opposite to the one face at which the NV center is formed (resonator 8 is disposed on the XY plane around diamond carrying NV centers 7, the position can be varied as required fig. 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate resonator of Cheng in Fu as modified by Karasawa to gain the advantage of Improving the uniformity of the magnetic field [Cheng [0044]].
One of the ordinary skills in the art would have been motivated to make this modification such that the location of the resonator can be rearrange based on the design choice (Please see MPEP 2144 .04 VI.C.).
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Fu discloses the claimed invention above except:
Regarding claim 13, Fu as modified by Karasawa does not explicitly teach wherein antenna conductor has a ring shape, and a portion where antenna conductor is not arranged is exposed at the face of the diamond crystal opposite to the one face at which the NV center is formed.
However, Cheng in a relevant art teaching a diamond sensor system wherein antenna conductor has a ring shape (fig. 1 (resonator with inside as hollow and outer is loop), and a portion where antenna conductor is not arranged is exposed at the face of the diamond crystal opposite to the one face at which the NV center is formed (resonator 8 top area with respect to 7).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to incorporate resonator of Cheng in Fu as modified by Karasawa to gain the advantage of Improving the uniformity of the magnetic field [Cheng [0044]].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Stetson (U.S. Publication 20170343695) discloses OPTICALLY INTEGRATED BIOSENSOR BASED ON OPTICALLY DETECTED MAGNETIC RESONANCE.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAQI R NASIR whose telephone number is (571)270-1425. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached at (571) 270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAQI R NASIR/ Examiner, Art Unit 2858
/LEE E RODAK/ Supervisory Patent Examiner, Art Unit 2858
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