Prosecution Insights
Last updated: July 17, 2026
Application No. 18/722,008

Acceleration Measurement System

Non-Final OA §102
Filed
Jun 20, 2024
Priority
Dec 21, 2021 — AU 2021904174 +1 more
Examiner
MCCALL, ERIC SCOTT
Art Unit
Tech Center
Assignee
The University of Sydney
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
823 granted / 937 resolved
+27.8% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
15 currently pending
Career history
952
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 937 resolved cases

Office Action

§102
ACCELERATION MEARUREMENT SYSTEM FIRST OFFICE ACTION DRAWINGS The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the element number 755 which is set forth in the specification. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the element numbers 755A, 755B, 820, 860A, 860B, and 900 which are not set forth in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the element numbers in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office Action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the Examiner, the Applicant will be notified and informed of any required corrective action in the next Office Action. The objection to the drawings will not be held in abeyance. TITLE The title is objected to because it is not clearly descriptive of the claimed invention. ABSTRACT The abstract has been considered and approved. SPECIFICATION The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. The Applicant's cooperation is requested in correcting any errors of which the Applicant may become aware of in the specification. CLAIMS In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same. Objections Claim 12, line 1; the second occurrence of the word “distance” should be deleted. 35 U.S.C. § 102 In accordance with 35 U.S.C. 102(a)(1), a person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention. Claims 1 - 3 and 10 - 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Univ Southeast (CN 113484537). With respect to independent claim 1, Univ Southeast sets forth a system for measuring acceleration, comprising: a diamond having a nitrogen-vacancy centre, whereby the diamond emits fluorescence under optical illumination in presence of a radio frequency field tuned to a resonant frequency of the nitrogen-vacancy centre (page 3, paragraph 2 of provided translation); a magnet having a known mass (page 2, last paragraph of provided translation); and an optical sensor (photodetector; page 3, paragraph 3 of provided translation), wherein the system is configured such that a distance between the magnet and the diamond varies in response to acceleration of the system, the change in distance altering a magnetic field experienced by the diamond (page 5, first paragraph of provided translation); and wherein the optical sensor is configured to sense variation in fluorescence emitted by the diamond in response to the altered magnetic field for measuring acceleration (page 5, first paragraph of provided translation). With respect to claim 2, Univ Southeast sets forth a processor (page 5 of provided translation) but does not explicitly set forth a memory which stores instructions for execution of the processor to determine acceleration using the sensed variation in fluorescence. However, such a memory for storing instructions is deemed inherent since the processor, as set forth, needs instructions (and thus a memory) to operate. With respect to claim 3, Univ Southeast sets forth that the magnet (1) is attached to a spring (2) and the distance between the magnet and the diamond (4a/4b) varies due to a change in shape of the spring in response to the acceleration. With respect to claim 10, Univ Southeast sets forth that the diamond (4a/4b), the magnet (1) and the optical sensor (8) form a single integrated device. With respect to claim 11, Univ Southeast sets forth that the sensed variation in fluorescence is transmitted to an external device for determining acceleration (Figure 2). With respect to claim 12, Univ Southeast inherently sets forth that a range of movement in distance between the magnet (1) and the diamond (4a/4b) depends on the mass of the magnet and a constant of the spring because spring movement is function of the mass thereon as well as the spring constant. With respect to independent claim 13, Univ Southeast sets forth a method for measuring acceleration, comprising: illuminating a diamond having a nitrogen-vacancy centre in presence of a radio frequency field (microwaves) tuned to a resonant frequency of the nitrogen-vacancy centre (page 3, paragraph 2 of provided translation); measuring an initial magnetic field experienced by the diamond (page 5, paragraph 1 of provided translation); sensing a variation in fluorescence emitted by the diamond if a distance between a magnet and the diamond varies in response to acceleration (page 5, paragraph 1 of provided translation); generating, by an optical sensor, an electrical signal corresponding to the variation in fluorescence (page 5, paragraph 1 of provided translation); and determining using the generated signal, the acceleration (abstract). Allowable Subject Matter Claims 4 - 9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. With respect to claim 4, the prior art fails to teach or suggest that the diamond is attached to a spring and the distance between the magnet and the diamond varies due to a change in shape of the spring in response to the acceleration. With respect to claims 5 - 7, the prior art fails to teach or suggest a second diamond having a nitrogen-vacancy centre configured to emit fluorescence under optical illumination in presence of the radio frequency field, wherein a distance between the magnet and the second diamond varies in response to acceleration of the system, the change in distance altering a magnetic field experienced by the second diamond when illuminated in presence of the radio frequency field. With respect to claims 8 and 9, the prior art fails to teach or suggest that the system is integrated into a single microchip. CITED DOCUMENTS The Applicant’s attention is directed to the “PTO-892” form for the relevant art made of record at the time of this Office Action. CONTACT INFORMATION Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. For questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is advised to use the USPTO Automated Interview Request (AIR) Form at: https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /Eric S. McCall/Primary Examiner Art Unit 2855
Read full office action

Prosecution Timeline

Jun 20, 2024
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102 (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
88%
Grant Probability
94%
With Interview (+6.2%)
2y 4m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 937 resolved cases by this examiner. Grant probability derived from career allowance rate.

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