Prosecution Insights
Last updated: April 19, 2026
Application No. 18/566,563

DIAMOND DEVICE OR STRUCTURE AND METHOD FOR PRODUCING A DIAMOND DEVICE OR STRUCTURE

Final Rejection §103
Filed
Dec 01, 2023
Examiner
EWALD, MARIA VERONICA
Art Unit
1783
Tech Center
1700 — Chemical & Materials Engineering
Assignee
ECOLE POLYTECHNIQUE FÉDÉRALE DE LAUSANNE
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
3y 2m
To Grant
65%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
180 granted / 307 resolved
-6.4% vs TC avg
Moderate +7% lift
Without
With
+6.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
18 currently pending
Career history
325
Total Applications
across all art units

Statute-Specific Performance

§103
50.9%
+10.9% vs TC avg
§102
28.7%
-11.3% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 307 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 . Examiner’s note Claim 106 recites “…further comprising a substrate and at least one or a plurality of supporting layers or materials attached to the substrate.” As written, it would appear that the claim is intended to recite ‘wherein the at least one supporting layer or material of claim 89 includes a plurality of supporting layer(s) or material(s) attached to the substrate.” This interpretation seems consistent with what is in applicant’s specification as the support material may include a plurality of support materials or layers. It does not appear that there are further layers in addition to the support layer of the independent claim, only that the support layer or material may be made up of a plurality of layers or materials. Prior art has been applied consistent with this interpretation. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 89 – 112 is/are rejected under 35 U.S.C. 103 as being unpatentable over Purdes, et al. (US 5,082,522) in view of Ravi, et al. (US 2007/0232074 A1). With respect to claim 89, Purdes, et al. teach a diamond device or structure, comprising: at least one supporting layer or material (item 120 – figure 1a through 1e) including at least one or a plurality of support structures (item 130 or 140 – figure 1a through 1e) inside the at least one supporting layer or material. The examiner notes that the support structures are inside the support layer or material as they are interior of the edge and thus can be considered to be inside. Furthermore, depending on conventional methods to deposit the support structures (i.e, electrodeposition, direct-write, etc.), the structures 130 and 140, being conductive, are thus, adhered or bonded at the interface with the support layer and thus, are considered inside the support layer. In addition, the reference teaches that there is a plurality of recesses defined by the at least one or the plurality of support structures (see Figure 1c through 1e – void spaces between the structures considered as recesses); at least one diamond seed or seed(s) located within the recesses or plurality of recesses (Purdes, et al. teach that the surface of the circuit may be abraded using a fine diamond grit [column 2, lines 37 – 40]). Reference teaches that the abrasion is performed by suspending the diamond grit of sizes about 1 micron in a slurry and polishing the surface with this grit. Small diamond particles embed therein which form nucleation sites (item 200 – figure 1c; column 2, lines 35 – 45). Furthermore, a diamond layer is thus attached (item 160 – figure 1d; column 2, lines 65 – 68; column 3, lines 15 – 19) to the at least one supporting layer or material, the diamond layer extending from the plurality of recesses away from the at least one supporting layer or material and extending between the plurality of recesses and covering the plurality of recesses (figure 1d and 1e; column 3, lines 10 – 20; the examiner notes that the method by which the diamond layer is formed in Purdes, et al. is equivalent to that in applicant’s specification wherein the diamond particles [seeds] function as nucleation sites for the layer to form thereon); wherein each recess or the plurality of recesses is defined by at least one wall extending to fully surround the at least one diamond see or seeds such that the seeds are disposed fully or at least partially inside an encloser defined by the at least one wall (figure 1c through 1e). The examiner notes that the seeds are deposited within the recesses and thus, surrounded by the structures 130 and 140, respectively. PNG media_image1.png 403 768 media_image1.png Greyscale Purdes, et al., however, fail to teach that the diamond material is comprised of at least diamond micro-seed and a plurality of diamond nano-seeds. Ravi, et al. teach a technique for the formation of a diamond film on a substrate (item 106 – figure 1A and 1B). The diamond film is made such that two different types of diamond particle sizes are deposited on the sacrificial layer (paragraph 0021). The particles include a first type of diamond population which has particles with diameters in the range between 3 micron and 20 micron (paragraph 0021). The second diamond population includes particles with diameters ranging from 0.05 micron to 0.25 micron (paragraph 0021). PNG media_image2.png 148 435 media_image2.png Greyscale While the claims do not specify a diameter, the examiner notes that these ranges overlap the micro-seed and nano-seed ranges recited in the instant specification (page 16, lines 25 – 30 [micro-seeds with diameters between 1 and 50 micron] and page 17, lines 20 – 30 [nano-seeds with diameters between 1 and <1000 nm). Ravi, et al. continues by stating that the method of diamond deposition using differing particle sizes allows for a reduction in grain boundaries and voids (paragraph 0030). In addition, the reference teaches that the method promotes increased particle seed dispersion and improved adhesion of the particles (paragraph 0031). Therefore, the examiner contends that it would have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to deposit the diamond material in Purdes, et al. as two different diamond particle types of micro-seeds and nano-seeds for the purpose of producing a diamond film with a reduction in grain boundaries and voids per Ravi, et al. With respect to claim 90, the support structures of Purdes, et al. define an opening and an upper enclosure of each recess wherein the diamond microseeds are located inside the opening or upper enclosure. The examiner notes that because Purdes, et al. teach that the diamond material is deposited into the cavities, the micro-seeds are thus, located inside the opening as claimed. With respect to claim 91, the micro-seed diameter in Ravi, et al. may vary between 3 – 20 micron. While not specifically stating that the size or diameter is between 40 – 95% of the diameter of the opening, it would be obvious that the particle size be the same if not smaller to fit within the cavities in order to fit therein. With respect to claim 92, the micro-seed does define a nucleation or coalescence site. Per Ravi, et al. the diamond particles deposited onto the substrate form a diamond film and thus, the particles do provide a nucleation site (paragraph 0026). Furthermore, the primary reference of Purdes, et al. even teaches that the diamond seed(s) form nucleation sites to encourage diamond layer growth (column 3, lines 10 – 20). With respect to claim 93, because Purdes, et al. teach that the diamond material is deposited into the cavities and per Ravi, et al., the diamond material would be comprised of both micro-seed and nano-seed, it would be obvious that the nano-seeds are also within the cavities and define nucleation sites. With respect to claim 94, each recess in Purdes, et al. is defined by at least one wall and at least one floor (defined by the base) and thus, extend partially or fully through the at least one supporting layer or material. With respect to claim 95, the depth of the recess may be defined by the height of structures 130 and 140 respectively. The diamond micro-seed of Ravi, et al. has a diameter between 3 and 20 micron; however, the particle size is not limited to these diameters. Ravi, et al. simply states that the micro-seed should ideally have a diameter greater than 3 micron (paragraph 0021). It would follow that the diamond seeds are smaller than the depth of the recess and thus, it would be obvious that the depth be between 60% and 1000% of a seed size to ensure that the particles can safely be deposited within the cavities. With respect to claims 96 – 97, the configuration of the diamond micro-seeds as located within the recesses and stacked as claimed is rendered obvious over the combination of Purdes, et al. in view of Ravi, et al. The examiner notes that when the diamond micro-seeds of Ravi, et al. are deposited, they are deposited in a stacked manner to allow for ‘growing’ a diamond film (paragraph 0022; see Figure 1E). With respect to claims 98 – 99, the examiner notes that the support structures of Purdes, et al. comprise walls with upper landings (flat top portions) extending between the walls and per the teachings in Purdes, et al. the seeds are deposited on the landings and on the walls (see figure 1c). With respect to claim 100, Purdes, et al. teach that the nucleation site density ranges between 108 – 109 particles/cm2 (column 2, lines 45 – 48). With respect to claim 101, Purdes, et al. in view of Ravi, et al. render obvious wherein the recesses are located on at least one area or a plurality of areas of the at least one supporting layer or material. With respect to claim 102, Purdes, et al. in view of Ravi, et al. render obvious wherein the micro-seeds are inside the recesses and the nano-seeds are on the supporting layer and inside the recesses to chemically bond and/or mechanically anchor or fix a diamond layer (see figure 1d; see also column 3, lines 10 – 25) to the supporting layer or material. The examiner notes that the micro and nano-seeds provide nucleation sites wherein the coated base layer of diamond seeds is exposed to heat, which promotes growth of a film on the diamond particles upper surface and thus, the examiner contends that the combination of references render obvious a diamond layer anchored to the base via the micro and nano-seeds respectively. Furthermore, it would appear that this interpretation is consistent with applicant’s disclosure. Page 24 of the instant specification states that: The method of the present disclosure also, for example, includes a diamond growth step of depositing a diamond layer 9 on the diamond seeded supporting layer or material 3. The diamond growth step may be carried out, for example, using chemical vapor deposition CVD, for example, by microwave plasma chemical vapor deposition MPCVD, or low temperature plasma CVD, atmospheric plasma CVD, plasma torch and hot filament CVD. Furthermore, page 28 of the instant specification states: The polycrystalline diamond films 9 were grown on the seeded substrates 3,3A by the microwave plasma chemical vapor deposition (MPCVD) method. The substrate temperatures were fixed at 850 °C, with average plasma power of 4 kW and pressure of 130 mbar. The diamond growth rate was kept above 1 jm/h using high purity gasses (9N) with a standard gas ratio (95%H2, 5% CH4), and addition of a small amount of nitrogen and/or argon (few ppm). Thus, it would appear that the seeds after being deposited are subject to CVD or similar processes in the growth step which forms a diamond film. With respect to claim 103, because the secondary reference of Ravi, et al. appreciates that the larger micro-seeds create voids, it would be obvious that there are diamond growth-free portions in the lower recess (paragraph 0029). With respect to claim 104, because the primary reference Purdes, et al. teach that the vertical structures or supports are disposed on layer 120, the examiner contends that there is no inter-layer present (see figure 1a through 1e). With respect to claim 105, Purdes, et al. teach wherein the supporting layer or material includes a plurality of supporting layers or materials (note that the support may be interpreted to be layer 120 and 110 combined). With respect to claim 106, Purdes, et al. teach that there is a substrate (item 110 – figure 1a) and at least one supporting layer attached to the substrate (item 120 – figure 1a). With respect to claim 107, Purdes, et al. teach that the at least one OR the plurality of support structures is located inside one of the at least one layer of the plurality of layers and the substrate (figure 1a through 1d). With respect to claim 108, Purdes, et al. teach that the recesses extend through the at least one of the plurality of layers attached to the substrate (figure 1a through 1d). With respect to claim 109, Purdes, et al. in view of Ravi, et al. render obvious that the at least one diamond micro-seed defines at least one of a nucleation site and a coalescence for diamond crystal growth and a portion of the diamond nano-seeds defines at least one of diamond crystal growth nucleation sites and diamond crystal growth coalescence sites. The examiner notes that the micro and nano-seeds provide nucleation sites wherein the coated base layer of diamond seeds is exposed to heat, which promotes growth of a film on the diamond particles upper surface. Purdes, et al. specifically teach that the diamond grit provides nucleation sites 200 and combined with the inclusion of micro and nano-seeds per Ravi, et al., the examiner contends that diamond crystal growth will occur. With respect to claim 110, Purdes, et al. and Ravi, et al. do not specifically teach the diamond layer attached via nano-pillars, however, the examiner contends that the method of Purdes, et al. modified with the micro and nano seeds of Ravi, et al. will result in the formation of diamond pillars. Applicant’s specification notes the formation of pillars due to the method of diamond growth at the nucleation sites. The pillars act to increase shear strength at the interface. Similarly, Purdes, et al. teach the presence of nucleation sites when the diamond grit is deposited onto the substrate. The diamond layer is formed in a plasma deposition apparatus (column 3, lines 5 – 10), which mirrors applicant’s method and thus, the examiner contends pillars will be present. With respect to claim 111, Purdes, et al. teach the plurality of recesses extends fully or partially through the at least one supporting layer or material and the diamond layer is directly attached to the at least one supporting layer or material inside the plurality of the recesses by nucleation points (see figure 1c and 1d). Ravi, et al. teach the presence of both micro and nano seeds and thus, the examiner contends that the nucleation points will be at a portion of both the micro seeds and nano seeds, respectively. With respect to claim 112, Purdes, et al. in view of Ravi, et al. render obvious the seed sizes as recited. Per Ravi, et al., the diamond film is made such that two different types of diamond particle sizes are deposited on the sacrificial layer (paragraph 0021). The particles include a first type of diamond population which has particles with diameters in the range between 3 micron and 20 micron (paragraph 0021). The second diamond population includes particles with diameters ranging from 0.05 micron to 0.25 micron (paragraph 0021). These ranges overlap the recited ranges and thus, the combination of references render obvious the seed sizes as typical for a micro seed and nano seed, respectively. Claim(s) 89 – 99 and 101 – 102, 104 – 111 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pobedinskas, et al. (US 2020/0381331 A1). Pobedinkas, et al. teach a diamond device or structure comprising: at least one supporting layer or material (item 300 – figure 8) including at least one or a plurality of support structures inside the at least one supporting layer or material (figure 8d; examiner notes that the metal layer covering the support layer 500 and substrate is etched thereby producing supports and recesses within the support layer (paragraph 0032 and 0033); a plurality of recesses defined by the at least one or the plurality of support structures (figure 8d – 8g); and diamond particles/seeds deposited thereon (item 400 – figure 8f; paragraph 0033). Furthermore, the reference teaches that each recess or the plurality of recesses is defined by at least one wall extending to fully surround the at least one diamond seed or seeds such that the seeds are disposed fully or at least partially inside an encloser defined by the at least one wall (figure 8f and 8g). In addition, the reference teaches that a diamond layer is formed (item 410 – figure 8h; paragraph 0033) in the same manner as that which is described in the instant specification. The diamond seeds serve as nucleation sites where the substrate is then loaded in a chamber and heated, turning the diamond seeds into a diamond layer (paragraph 0033). The diamond layer is thus, attached to the at least one supporting layer or material, the diamond layer extending from the plurality of recesses away from the at least one supporting layer or material and extending between the recesses and covering the recesses (the examiner contends that because the diamond seeds are deposited into the recesses, any diamond layer would thus, extend away from the recess and cover it, while also extending away from the supporting layer of which the recess is located. PNG media_image3.png 367 793 media_image3.png Greyscale Pobedinskas, et al. do not specifically teach that the diamond seeds in the embodiment above are diamond micro-seeds and diamond nano-seeds; however, the reference teaches that in some embodiments, seeding the diamond particles may occur via spin coating, dipping or via a particle mixture which contacts the substrate surface (paragraph 0071). The diamond particle mixture or suspension may include diamond nanoparticles and diamond microparticles. Therefore, it would be obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to use both micro-particles and nano-particles in the diamond suspension which is deposited onto the substrate for the purpose of growing or forming a diamond layer. With respect to claim 90, the support structures of Pobedinskas, et al. define an opening and an upper enclosure of each recess wherein the diamond microseeds are located inside the opening or upper enclosure (because the diamond microseeds [and nanoseeds] are deposited into the cavities, the structure thus, defines an opening and an enclosure. With respect to claim 91, the micro-seed diameter in Pobedinskas, et al. may vary between 0.5 – 1.5 micron (paragraph 0071). While not specifically stating that the size or diameter is between 40 – 95% of the diameter of the opening, it would be obvious that the particle size be the same if not smaller to fit within the cavities in order to fit therein. With respect to claim 92, the micro-seed does define a nucleation or coalescence site. The examiner contends that because the method of Pobedinskas, et al. is the same as that described in the instant specification, the micro-seeds serve as nucleation sites promoting diamond growth. With respect to claim 93, because Pobedinskas, et al. teach that the diamond material is deposited into the cavities and because the diamond material would be comprised of both micro-seed and nano-seed, it would be obvious that the nano-seeds are also within the cavities and define nucleation sites. With respect to claim 94, each recess in the reference is defined by at least one wall and at least one floor (defined by the base) and thus, extend partially or fully through the at least one supporting layer or material. With respect to claim 95, the depth of the recess may be defined by the height of the vertical structures surrounding it. The diamond micro-seed of Pobedinskas, et al. has a diameter between 0.5 – 1.5 micron. It would follow that the diamond seeds are smaller than the depth of the recess and thus, it would be obvious that the depth be between 60% and 1000% of a seed size to ensure that the particles can safely be deposited within the cavities. With respect to claims 96 – 97, the configuration of the diamond micro-seeds as located within the recesses and stacked as claimed is rendered obvious over Pobedinskas, et al. If a suspension of diamond micro-seeds and nano-seeds are deposited onto the substrate surface and within the cavities, it would follow that the micro-seeds are stacked within the suspension in order to promote growth of the diamond layer. With respect to claims 98 – 99, the examiner notes that the support structures of Pobedinskas, et al. comprise walls with upper landings (flat top portions) extending between the walls wherein the seeds are deposited on the landings and on the walls (see figure 8f; in addition, the examiner contends that if the diamond seeds are in suspension and contact the substrate, it would follow that the seeds would be located on both the landings, walls and within the recesses, respectively). With respect to claim 101, Pobedinskas, et al. teach wherein the recesses are located on at least one area or a plurality of areas of the at least one supporting layer or material (see figure 8; paragraph 0033 and 0060). With respect to claim 102, Pobedinskas, et al. render obvious wherein the micro-seeds are inside the recesses and the nano-seeds are on the supporting layer and inside the recesses to chemically bond and/or mechanically anchor or fix a diamond layer (see figure 8; see also paragraph 0033 and 0060) to the supporting layer or material. The examiner notes that the micro and nano-seeds provide nucleation sites wherein the coated base layer of diamond seeds is exposed to heat, which promotes growth of a film on the diamond particles upper surface (see paragraph 0073, 0075, 0103 and 0104) and thus, the examiner contends that the reference render obvious a diamond layer anchored to the base via the micro and nano-seeds respectively. Furthermore, it would appear that this interpretation is consistent with applicant’s disclosure. Page 24 of the instant specification states that: The method of the present disclosure also, for example, includes a diamond growth step of depositing a diamond layer 9 on the diamond seeded supporting layer or material 3. The diamond growth step may be carried out, for example, using chemical vapor deposition CVD, for example, by microwave plasma chemical vapor deposition MPCVD, or low temperature plasma CVD, atmospheric plasma CVD, plasma torch and hot filament CVD. Furthermore, page 28 of the instant specification states: The polycrystalline diamond films 9 were grown on the seeded substrates 3,3A by the microwave plasma chemical vapor deposition (MPCVD) method. The substrate temperatures were fixed at 850 °C, with average plasma power of 4 kW and pressure of 130 mbar. The diamond growth rate was kept above 1 jm/h using high purity gasses (9N) with a standard gas ratio (95%H2, 5% CH4), and addition of a small amount of nitrogen and/or argon (few ppm). Thus, it would appear that the seeds after being deposited are subject to CVD or similar processes in the growth step which forms a diamond film. With respect to claim 104, Pobedinskas, et al. teach that the diamond layer is on the supporting layer 300 (see figure 8) and as such, no interlayer is present. With respect to claim 105, Pobedinskas, et al. teach wherein the supporting layer or material includes a plurality of supporting layers or materials (note that substrate 300, layer 500 and 800 may be interpreted as a plurality of supporting layers). With respect to claim 106, Pobedinskas, et al. there is a substrate (item 300 – figure 8) and at least one supporting layer attached to the substrate (item 500 or 800 – figure 8). With respect to claim 107, Pobedinskas, et al. teach that the at least one OR the plurality of support structures is located inside one of the at least one layer of the plurality of layers and the substrate (figure 8). With respect to claim 108, Pobedinskas, et al. teach that the recesses extend through the at least one of the plurality of layers attached to the substrate (figure 8). With respect to claim 109, Pobedinskas, et al. render obvious that the at least one diamond micro-seed defines at least one of a nucleation site and a coalescence for diamond crystal growth and a portion of the diamond nano-seeds defines at least one of diamond crystal growth nucleation sites and diamond crystal growth coalescence sites. The examiner notes that the micro and nano-seeds provide nucleation sites wherein the coated base layer of diamond seeds is exposed to heat, which promotes growth of a film on the diamond particles upper surface (see paragraph 0075). This process is similar if not equivalent to the method described in the instant specification and thus, the examiner contends that the diamond nano-seeds define a nucleation site as claimed. With respect to claim 110, Pobedinskas, et al. do not specifically teach the diamond layer attached via nano-pillars; however, the examiner contends that the method in the prior art is equivalent to that described in the instant specification. Applicant’s specification notes the formation of pillars due to the method of diamond growth at the nucleation sites. The pillars act to increase shear strength at the interface. Similarly, Pobedinskas, et al. teach contacting a substrate surface with a suspension of diamond particles and then loading the substrate in a CVD chamber to promote diamond layer growth, for example (paragraph 0075). This mirrors applicant’s method and thus, the examiner contends pillars will be present. With respect to claim 111, Pobendinskas, et al. teach the plurality of recesses extends fully or partially through the at least one supporting layer or material and the diamond layer is directly attached to the at least one supporting layer or material inside the plurality of the recesses by nucleation points (see figure 8). Because the reference teaches the present of both micro and nano seeds, the examiner contends that the nucleation points will be at a portion of both the micro seeds and nano seeds, respectively. With respect to claim 112, Pobedinskas, et al. render obvious the seed sizes as recited. The reference teaches nano-seeds with sizes ranging from 5 – 200 nm (paragraph 0071) and micro-seeds with particle sizes ranging from 0.5 – 1 micron (paragraph 0071). These ranges overlap the recited ranges and thus, render obvious the seed sizes as typical for a micro seed and nano seed, respectively. Claim(s) 100 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pobedinskas, et al. as applied to claims 89 – 99 above, and further in view of Carisle, et al. (US 2009/0148652 A1). Pobedinskas, et al. teach the features as recited above; however, is silent with respect to the diamond seed density. Carlisle, et al. teach a diamond film deposition method and product wherein diamond film(s) are grown via the deposition of seed crystals onto a surface, the surface comprising a substrate and additional refractory layers, for example (paragraph 0045 and 0047). The refractory layers may be metal layers which improve the deposition of the seed crystal (paragraph 0045). In addition, Carlisle, et al. teach that the seed density necessary to promote diamond film growth is between 1010 sites/cm2 – 1012 sites/cm2 (paragraph 0047). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to maintain the seed density per the teachings of Carlisle, et al. for the purpose of promoting diamond film growth. Claim(s) 103 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pobedinskas, et al. as applied to claims 89 – 99 above and further in view of Ravi, et al. (US 2007/0232074 A1). While Pobedinskas, et al. teach the presence of both micro-seeds and nano-seeds, it does not specifically teach that the lower enclosure of each recess is diamond-growth free. Ravi, et al. teach the formation of a diamond film via the deposition of micro-seeds and nano-seeds. Ravi, et al. appreciates that the larger micro-seeds create voids (paragraph 0029), and thus, per Ravi, et al. it would be obvious that there are diamond growth-free portions in the lower recess of the device of Pobedinskas, et al. Response to Arguments Applicant’s arguments, see pages 14 – 15, filed January 16, 2026, with respect to the rejection(s) of claim(s) 89 and its dependent claims under 35 USC 103 over the reference(s) of Mearini and Ravi, et al. have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, and in light of the amendments to the claims, a new ground(s) of rejection is made in view of the Purdes, et al. and Pobedinskas, et al. as newly-introduced primary reference(s). Applicant argues that the previous reference of Mearini failed to teach or render obvious the presence of a diamond layer attached to the at least one supporting material, the diamond layer extending from the recesses. Furthermore, applicant argues that the recesses of Mearini are not defined by at least one wall extending to fully surround the at least one diamond micro-seed being disposed fully or at least partially inside the enclosure defined by the at least one wall. The examiner concurs and thus, based on the newly-introduced features, has cited Purdes, et al. and Pobedinskas, et al. as primary references. As noted, the previous reference of Mearini only taught pillars which defined recesses. The pillars do not extend such that they fully surround the diamond micro-seeds as claimed. Purdes, et al. teach a support layer or substrate with structures 130 and 140 which fully surround the recesses therebetween. Furthermore, diamond seeds are deposited onto the surface and into the recesses to serve as nucleation sites, promoting diamond layer growth. Likewise, Pobedinskas, et al. teach a diamond device wherein a support layer has structures thereon and recesses surrounded by such structures in which diamond micro and nano seeds are deposited and then subject to heating in order to form a diamond layer. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA VERONICA EWALD whose telephone number is (571)272-8519. The examiner can normally be reached Mon-Fri ~9am-5:30pm EST. 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, Srilakshmi Kumar can be reached at 571-272-7769. 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. /MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Jul 31, 2025
Non-Final Rejection — §103
Jan 16, 2026
Response Filed
Feb 27, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
59%
Grant Probability
65%
With Interview (+6.8%)
3y 2m
Median Time to Grant
Moderate
PTA Risk
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