Prosecution Insights
Last updated: May 29, 2026
Application No. 18/721,289

SENSOR DEVICE FORMED OF DIAMOND MATERIAL

Non-Final OA §103
Filed
Jun 18, 2024
Priority
Dec 21, 2021 — GB 2118621.8 +1 more
Examiner
WENDEROTH, FREDERICK
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Element Six Technologies Limited
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allowance Rate
684 granted / 735 resolved
+25.1% vs TC avg
Minimal -3% lift
Without
With
+-2.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
12 currently pending
Career history
750
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
90.0%
+50.0% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
1.6%
-38.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 735 resolved cases

Office Action

§103
DETAILED ACTION 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 . Claims 8, 9 & 17, 18 are canceled. 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. Claim(s) 1 – 4, 7, 10 – 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markham (GB-2570583-A) in view of Hahn (US-20180275220-A1). Regarding claim 1 Markham discloses A sensor device formed of diamond material (¶ 1 under Description), the sensor device comprising: a plurality of spin defects located in the diamond material (¶ 1 under Description); a plurality of electrically conducting regions extending from an interior location of the diamond material to a surface of the diamond material, each electrically conducting region being located so as to be interactable with a corresponding spin defect of the plurality of spin defects (¶ 8 under Example 3, electrical conducting region is superimposed/interactable with spin defects); Markham does not disclose “wherein the each electrically conducting region at the surface of the diamond material is arranged to connect to a detector, the detector configured to detect charge carriers excited from the at least one plurality of spin defects via the corresponding electrically conducting region”. Hahn, however teaches wherein the each electrically conducting region at the surface of the diamond material is arranged to connect to a detector, the detector configured to detect charge carriers excited from the at least one plurality of spin defects via the corresponding electrically conducting region ([0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “spin defect detectors” as taught by Hahn in the device of Markham. The justification for this modification would be to enable magnetic detection ([0009], Hahn). Regarding claim 2 Markham in view of Hahn teach the sensor device according to claim 1, Markham, applied to claim 2, further teaches wherein the diamond material comprises any of Chemical Vapour Deposition, CVD, diamond material, high pressure high temperature, HPHT, diamond, and natural diamond (¶ 1 under Description). Regarding claim 3 Markham in view of Hahn teach the sensor device according to claim 1, Markham, applied to claim 3, further teaches wherein the electrically conducting region comprises boron doped diamond (¶ 1 under Description). Regarding claim 4 The sensor device according to claim 3, Markham, applied to claim 4, further teaches wherein the diamond material comprises at least one layer of boron doped diamond adjacent to a layer of diamond containing the at least one spin defect (¶ 8 under Example 3). Regarding claim 7 Markham in view of Hahn teach the sensor device according to claim 1, Markham, applied to claim 7, further teaches wherein the each spin defect is selected from any of a negatively charged nitrogen vacancy centre, a silicon-vacancy centre, a tin-vacancy centre, a germanium- vacancy centre, a nickel related defect and a chromium-related defect (¶/line 4 under Description, it teaches “nitrogen vacancy centre”). Regarding claim 10 Markham discloses A method of forming a sensor device formed of diamond material (¶ 1 under Description), the method comprising: providing at least one a plurality of spin defects located in the diamond material (¶ 1 under Description); providing a plurality of electrically conducting regions extending from an interior location of the diamond material to a surface of the diamond material, each electrically conducting region being located so as to be interactable with a corresponding spin defect of the plurality of spin defects (¶ 8 under Example 3, electrical conducting region is superimposed/interactable with spin defects); Markham does not disclose “connecting the each electrically conducting region at the surface of the diamond material to a current detector, the current detector configured to detect charge carriers excited from the plurality spin defects via the corresponding electrically conducting region”. Hahn, however, teaches connecting the each electrically conducting region at the surface of the diamond material to a current detector, the current detector configured to detect charge carriers excited from the plurality spin defects via the corresponding electrically conducting region ([0009]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “spin defect detectors” as taught by Hahn in the device of Markham. The justification for this modification would be to enable magnetic detection ([0009], Hahn). Regarding claim 11 Markham in view of Hahn teach the method according to claim 10, Markham, applied to claim 11, further teaches wherein the each spin defect is selected from any of a negatively charged nitrogen vacancy centre, a silicon-vacancy centre, and defects related to nickel, tin, germanium or chromium (¶ 1 under Description). Regarding claim 12 Markham in view of Hahn teach the method according to claim 10, Markham, applied to claim 12, further teaches further comprising: growing a first layer of diamond material, the first layer comprising any of a spin defect and a precursor defect that is processable to become a spin defect. growing a second layer of electrically conducting boron doped diamond adjacent to the first layer (¶ 8 under Example 3). Regarding claim 13 Markham in view of Hahn teach the method according to claim 12, Markham, applied to claim 13, further teaches wherein the processing comprises irradiating and annealing the diamond material to form the spin defect (¶ 9, Background). Claim(s) 5, 6, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markham (GB-2570583-A) in view of Hahn (US-20180275220-A1) in view of Stewart (CN-104602634-B). Regarding claim 5 Markham in view of Hahn teach the sensor device according to claim 1, Markham in view of Hahn do not teach “wherein the electrically conducting region comprises electrically conducting non-diamond carbon”. Stewart, however, teaches wherein the electrically conducting region comprises electrically conducting non-diamond carbon (¶ 1 under Background Technology & ¶ 2 under Summary Of The Invention) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “electrically conducting non-diamond carbon” as taught by Stewart in the device of Markham in view of Hahn. The justification for this modification would be to use a material that has excellent conductive properties and good thermal stability. Regarding claim 6 Markham in view of Hahn in view of Stewart teach the sensor device according to claim 5, Stewart, applied to claim 6, further teaches wherein the electrically conducting non-diamond carbon comprises graphite (¶ 2 under Summary Of The Invention). Regarding claim 14 Markham in view of Hahn teach the method according to claim 10, Markham in view of Hahn do not teach “comprising providing the electrically conducting region by forming electrically conducting non-diamond carbon in the diamond material”. Stewart, however, teaches comprising providing the electrically conducting region by forming electrically conducting non-diamond carbon in the diamond material (¶ 1 under Background Technology & ¶ 2 under Summary Of The Invention) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “electrically conducting non-diamond carbon” as taught by Stewart in the device of Markham in view of Hahn. The justification for this modification would be to use a material that has excellent conductive properties and good thermal stability. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markham (GB-2570583-A) in view of Hahn (US-20180275220-A1) in view of Stewart (CN-104602634-B) in view of Roy-Guay (WO-2017173548-A1). Regarding claim 15 Markham in view of Hahn in view of Stewart teach the method according to claim 14, Markham in view of Hahn in view of Stewart do not teach “further comprising determining the location of a spin defect and subsequently providing the electrically conducting region by using a short-pulse laser to form a conducting non-diamond carbon path in the diamond material such that a portion of the conducting non-diamond carbon path is located so as to be interactable with the spin defect”. Roy-Guay, however, teaches further comprising determining the location of a spin defect and subsequently providing the electrically conducting region by using a short-pulse laser to form a conducting non-diamond carbon path in the diamond material such that a portion of the conducting non-diamond carbon path is located so as to be interactable with the spin defect ([0084]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “short pulsed laser forming a conducting carbon path” as taught by Roy-Guay in the method of Markham in view of Hahn in view of Stewart. The justification for this modification would be to enable high, controlled conductivity. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Markham (GB-2570583-A) in view of Hahn (US-20180275220-A1) in view of Stewart (CN-104602634-B) in view of Vasil’Ev (RU2465377-C1) Regarding claim 16 Markham in view of Hahn in view of Stewart teach the method according to claim 14, Markham in view of Hahn in view of Stewart do not teach “wherein the electrically conducting non-diamond carbon is formed by using a short-pulse laser”. Vasil’Ev, however, teaches wherein the electrically conducting non-diamond carbon is formed by using a short-pulse laser (¶ or line 46 under Best Mode for Carrying Out the Invention). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “short pulsed layer to form non-diamond carbon” as taught by Vasil’Ev in the method of Markham in view of Hahn in view of Stewart. The justification for this modification would be to enable high, controlled conductivity. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK WENDEROTH whose telephone number is (571)270-1945. The examiner can normally be reached M-F 7 a.m. - 4 p.m. 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, Walter Lindsay can be reached at 571-272-1674. 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. /WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852 /Frederick Wenderoth/ Examiner, Art Unit 2852
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Prosecution Timeline

Jun 18, 2024
Application Filed
Apr 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
93%
Grant Probability
90%
With Interview (-2.9%)
2y 1m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 735 resolved cases by this examiner. Grant probability derived from career allowance rate.

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