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 .
Response to Arguments
Applicant's arguments filed 5/26/26 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues “Morley discloses that the magnets 15 and 18 can be electromagnets, magnets - even electromagnets - would not be considered "electrodes" under any reasonable interpretation…Indeed, even Morley recognizes that a different device and different components - namely, an electrometer and "electric field sources" - would be needed to detect an electric field. See, e.g., Morley, paragraph [0142]”.
Examiner disagrees with Applicant’s conclusion. The Office Action of 2/26/26 has pointed to ¶[0142] to show that Morley discloses generating an electric field. The magnet 15 and 18 of Morley are cited to show the primary embodiment of sources used to generate a field. Morley also states in ¶[0023] that the “field may be an electric field. The source may be an electrically charged region or a wire (for instance a coil or loop)”. Examiner has only pointed to the magnets 15, 18 to correlate the primary embodiment and that of paragraph [0142], since there is no drawing in Morley showing the coils/ wires generating an electric field. As Examiner has cited [0142], the paragraph does state a “system for generating an inhomogeneous electric field in the vicinity of the sample can be used which may contain one, two or more electric field sources such as charge regions, wires or coils”. Therefore, Morley does disclose the use of two electrodes and meets the claim limitations.
Applicant also argues: “Hanssen is silent regarding methods of cleaning non-electrode
surfaces of a sensor, such as the sensing surface region of a single crystal diamond material’ recited in claim 1”.
The reference of Hanssen was only used to show that an electric field of a desired strength can remove contaminant material. The reference of Morley discloses all the elements of the claimed invention such as the electrodes and the diamond material. The claims appear to be a recitation of the intended use of the elements of Morley. However, it is noted that the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. The reference of Hanssen is only used to show elements (i.e coils or wires) performing the intended use but it is noted that the reference of Morley discloses all the structural limitations of the claim.
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 1-5, 10, 13-15, 19, 22, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morley et al., US 20230400534 in view of Hanssen et al., “Recent strategies…electrochemical detection systems”
Regarding claim 1, Morley discloses a sensor assembly comprising: diamond material, the diamond material comprising a surface (Fig. 1; diamond 6), the surface comprising a sensing surface region (Fig. 1; diamond 6 having asurfaces), wherein the diamond material comprises a plurality of quantum spin defects in proximity to the sensing surface region (Fig. 1; defect centers 8); a first electrode (¶[0075]; Fig. 1; magnet 15 may be an electromagnet i.e coil); a second electrode wherein the electrodes are located such that, in use (¶[0075]; Fig. 1; magnet 18 may be an electromagnet), they generate an electric field proximate to a surface of the sensing surface region (¶[0142]; sensing a physical properties including an electric field).
Morley is silent in a single crystal diamond surface configured in use to contact a fluid, the electric field being sufficient to generate oxidising species in the fluid for removing contaminant material from the sensing surface region. Hanssen teaches a single crystal diamond surface configured in use to contact a fluid (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample), the electric field being sufficient to generate oxidising species in the fluid for removing contaminant material from the sensing surface region (Electrochemical activation; Pg. 19 Col. 2 - Pg. 20 Col. 1). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 2, Morley is silent in wherein the contaminant material comprises organic material. Hanssen wherein the contaminant material comprises organic material (Pg. 19 Col 2 – bio sample being urine which contains organic matter). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 3, Morley teaches wherein the first electrode is located at a first electrode surface region of the single crystal diamond material (Fig. 3; coil 15). Morley is silent in the surface region comprises any of: electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor. Hanssen teaches a surface region comprises any of: electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 4, Morley teaches wherein the second electrode is located at a second electrode surface region of the diamond material (¶[0142]), Morley is silent in the surface region comprises electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor. Hanssen teaches a surface region comprises any of: electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 5, Morley teaches wherein the quantum spin defects are selected from any of: silicon containing defects; nickel containing defects; chromium containing defects; germanium containing defects; tin containing defects; nitrogen containing defects; and negatively charged nitrogen-vacancy defects, NV.sup.− (¶[0013]).
Regarding claim 10, Morley teaches further comprising a plurality of sensing surface regions, wherein the first electrode surface region is located such that, in use, it generates an electric field over a surface of the plurality of sensing surface regions (¶[0023]).
Regarding claim 13, Morley discloses a diamond (Fig. 1; diamond 6) comprising: a surface, the surface comprising a sensing surface region (Fig. 1; diamond 6 having multiple surfaces), wherein the diamond comprises a plurality of quantum spin defects in proximity to the sensing surface region (Fig. 1; defect centers 8); the surface further comprising at least one electrode region, the at least one electrode region configured, in use, to generate an electric field proximate to the sensing surface region (¶[0075]; Fig. 1; magnet 15 may be an electromagnet i.e coil).
Morley is silent in a single crystal diamond surface configured in use to contact a fluid, the electric field being sufficient to generate oxidising species in the fluid for removing contaminant material from the sensing surface region. Hanssen teaches a single crystal diamond surface configured in use to contact a fluid (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample), the electric field being sufficient to generate oxidising species in the fluid for removing contaminant material from the sensing surface region (Electrochemical activation; Pg. 19 Col. 2 - Pg. 20 Col. 1). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 14, Morley is silent in the surface region comprises any of: electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor. Hanssen teaches a surface region comprises any of: electrically conducting boron doped diamond; graphite; and a metal material deposited on the surface of the sensor (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 15, Morley teaches wherein the quantum spin defects are selected from any of: silicon containing defects; nickel containing defects; chromium containing defects; germanium containing defects; tin containing defects; nitrogen containing defects; and negatively charged nitrogen-vacancy defects, NV.sup.− (¶[0013]).
Regarding claim 19, Morley teaches further comprising a plurality of sensing surface regions (Fig. 3).
Regarding claim 22, Morley discloses a method of using a sensor assembly, the sensor assembly comprising diamond material (Fig. 1; diamond 6 having multiple surfaces), a first electrode and a second electrode (¶[0075]; Fig. 1; magnet 18 may be an electromagnet; magnet 15 may be an electromagnet i.e coil), the single crystal diamond material comprising a sensing surface region comprising a plurality of quantum spin defects (Fig. 1; defect centers 8); the method comprising: generating an electric field between the first electrode and the second electrode and proximate to the sensing surface region (¶[0142]; sensing a physical properties including an electric field).
Morley is silent in the method comprising: allowing a fluid to pass over the sensing surface region of a single crystal diamond material; and the field generates oxidising species in the fluid, the oxidising species for removing contaminant material from the sensing surface region. Hanssen teaches a single crystal diamond surface configured in use to contact a fluid (Pg. 19 Col. 2: boron-doped diamond electrode contacts bio sample), the electric field being sufficient to generate oxidising species in the fluid for removing contaminant material from the sensing surface region (Electrochemical activation; Pg. 19 Col. 2 - Pg. 20 Col. 1). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Hanssen into Morley for the benefit of removing contaminants to improve functionality of the sensor.
Regarding claim 25, Morley teaches comprising, prior to generating the electric field, determining that the electric field is to be generated (inherent when generating field).
Regarding claim 26, Morley teaches wherein the determining step comprises determining that a measurement obtained from the sensing surface region has deviated from a predetermined value by a predetermined amount (Fig. 7; ¶[0091]; voltage shifts measured ).
Claim(s) 23, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morley et al., US 20230400534 in view of Hanssen et al., “Recent strategies…electrochemical detection systems” in view of Kiran et al. , “Boron Doped Diamond Electrodes for Direct Measurement in biological Fluids”:
Regarding claim 23, Morley is silent in further comprising alternating the electric field polarity between the first and second electrodes. Kiran teaches alternating the electric field polarity between the first and second electrodes (Page H70, Col. 1; alternating positive, negative pulses). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Kiran into Morley for the benefit of determining changes in the properties of the sample.
Regarding claim 24, Morley is silent in wherein the electric field is generated periodically. Kiran teaches wherein an electric field is generated periodically (Page H70, Col. 1; alternating positive, negative pulses). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to incorporate the teaching of Kiran into Morley for the benefit of determining changes in the properties of the sample.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/FEBA POTHEN/Examiner, Art Unit 2858
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