Prosecution Insights
Last updated: May 29, 2026
Application No. 18/721,327

DIAMOND SENSOR

Non-Final OA §103
Filed
Jun 18, 2024
Priority
Dec 23, 2021 — GB 2118887.5 +1 more
Examiner
POTHEN, FEBA
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Element Six Technologies Limited
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
511 granted / 630 resolved
+13.1% vs TC avg
Moderate +12% lift
Without
With
+12.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
666
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
89.2%
+49.2% vs TC avg
§102
1.6%
-38.4% vs TC avg
§112
6.6%
-33.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 630 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 6/18/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to FEBA POTHEN whose telephone number is (571)272-9219. The examiner can normally be reached 8:30-5:00 PM. 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, Judy Nguyen can be reached on 571.272.2258. 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. /FEBA POTHEN/Examiner, Art Unit 2858
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Prosecution Timeline

Jun 18, 2024
Application Filed
Feb 26, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
93%
With Interview (+12.0%)
2y 7m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 630 resolved cases by this examiner. Grant probability derived from career allowance rate.

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