Prosecution Insights
Last updated: April 19, 2026
Application No. 18/765,395

SENSOR SYSTEM HAVING AN IRREGULAR ARRANGEMENT OF DIAMOND PILLARS WITH NITROGEN VACANCY CENTERS AND ASSOCIATED METHODS

Non-Final OA §103
Filed
Jul 08, 2024
Examiner
NGUYEN, TRUNG Q
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Eagle Technology LLC
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
757 granted / 833 resolved
+22.9% vs TC avg
Moderate +6% lift
Without
With
+5.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
31 currently pending
Career history
864
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
52.4%
+12.4% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
9.7%
-30.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 833 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/12/2024 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(s) 1-8 & 10-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grinolds et al. (U.S. 2015/0253355 A1) in view of Bernabe et al. (U.S. 2020/0174067 A1). Regarding claim 1, Grinolds et al. disclose a sensing system comprising a sensor substrate (see [0078], diamond membrane or slab used as the basis for nanopillar formation, also [0082]), and a plurality of diamond pillars on the sensor substrate in an irregular arrangement (see [0125] diamond nanopillar used as a scanning probe, also see [0086]; under the broadest reasonable interpretation (BRI), a diamond nanopillar corresponds to a micro pillar, probe, or probe tip used in semiconductor testing and scanning probe applications); each diamond pillar comprises at least one nitrogen vacancy center located within the pillar proximate a distal end (see [0126], single NV center formed by implantation, irradiation, or growth); and optical waveguides coupled to each diamond pillar (see optical excitation and optical collection paths for the NV center, wherein fluorescence emitted by the NV center is optically guided through the diamond pillar acting as an optical waveguide (optical waveguiding through the diamond nanopillar, paragraphs [0136] & [0161]), Grinolds et al. are not understood to explicitly disclose a respective pair of distinct input and output optical waveguides coupled to each diamond pillar. Bernabe et al. disclose a respective pair of distinct input and output optical waveguides coupled to each diamond pillar (see [0156] photonic integrated structures comprising optical input and output end, including diamond-based NV systems, wherein separate optical waveguides are used for excitation and readout and are integrated on a photonic integrated circuit platform, see [0166 & claim 1). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify the sensing system of Srinolds et al. to include a respective pair of input and output optical waveguides coupled to each diamond pillar as taught by Bernabe et al., as doing so would provide improved optical routing, isolation of excitation and readout paths, and scalable photonic integration for NV-based sensing systems, consistent with established photonic integrated circuit design principles emphasized by Bernabe et al. in paragraphs [0015-0018]. Regarding claim 2, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose at least some of the diamond pillars have different heights (see [0095], wherein diamond nanopillars fabricated by reactive ion etching with pillar height determined by etch depth and process parameters, resulting in nanopillars having varying lengths, see paragraph [0113]). PNG media_image1.png 949 1272 media_image1.png Greyscale Regarding claim 3, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose respective different height shims coupled between the sensor substrate and adjacent portions of the corresponding input, and output optical waveguides (see (see [0086], controlling optical coupling distance between diamond nanopillars and optical components through physical spacing and mounting configuration, see paragraph [0015]; BRI, structures providing controlled vertical offset function as shims). Regarding claim 4, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose the plurality of input and output optical waveguides are arranged in parallel rows (see [0099]; wherein lithographically fabricated arrays of diamond nanopillars formed on a common substrate in regular geometric layouts, see paragraph [0114]; BRI, such arrays inherently define parallel rows). Regarding claim 5, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose the sensor substrate comprises a diamond substrate (see [0085], a sensing system fabricated from single-crystalline diamond material forming the substrate for diamond nanopillars, also see paragraph [0091]). Regarding claim 6, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose the diamond substrate comprises a bulk diamond substrate; and wherein the plurality of diamond pillars is integrally formed with the bulk diamond substrate (see [0110], wherein etching diamond nanopillars directly from a bulk single-crystalline diamond membrane, thereby integrally forming the pillars with the substrate, [0116]). Regarding claim 7, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose a sensing circuit coupled to the plurality of input and output optical waveguides (see [0140]], wherein a processing system coupled to optical excitation and fluorescence detection paths for sensing NV center responses, also see paragraph [0100]). Regarding claim 8, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 1, wherein Grinolds et al. further disclose Photonic Integrated Circuit (PIC) substrate supporting the sensor substrate (see [0093], wherein an integrated optical platform supporting diamond sensing structures for optical excitation and readout, see paragraph [0154]; under BRI, an integrated photonic support corresponds to a PIC substrate). Regarding claim 10, Srinolds et al. disclose a diamond substrate (see [0149]), wherein diamond substrate used to fabricate diamond nanopillars, via single-crystalline diamond membrane or slab, see paragraph [0078]), and a plurality of diamond pillars on the diamond substrate in an irregular arrangement (see [0125] diamond nanopillar used as a scanning probe, also see [0086]; under the broadest reasonable interpretation (BRI), a diamond nanopillar corresponds to a micro pillar, probe, or probe tip used in semiconductor testing and scanning probe applications); each diamond pillar comprising at least one nitrogen vacancy center (see [0126], single NV center formed by implantation, irradiation, or growth); optical excitation and optical collection via waveguiding through the diamond pillars (see optical excitation and optical collection paths for the NV center, wherein fluorescence emitted by the NV center is optically guided through the diamond pillar acting as an optical waveguide (optical waveguiding through the diamond nanopillar, paragraphs [0136] & [0161]), Grinolds et al. are not understood to explicitly disclose a respective pair of distinct input and output optical waveguides coupled to each diamond pillar. Bernabe et al. disclose a respective pair of distinct input and output optical waveguides coupled to each diamond pillar (see [0156] photonic integrated structures comprising optical input and output end, including diamond-based NV systems, wherein separate optical waveguides are used for excitation and readout and are integrated on a photonic integrated circuit platform, see [0166 & claim 1). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify the sensing system of Srinolds et al. to include a respective pair of input and output optical waveguides coupled to each diamond pillar as taught by Bernabe et al., as doing so would provide improved optical routing, isolation of excitation and readout paths, and scalable photonic integration for NV-based sensing systems, consistent with established photonic integrated circuit design principles emphasized by Bernabe et al. in paragraphs [0015-0018]. Regarding claim 11, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 10, wherein Grinolds et al. further disclose at least some of the diamond pillars have different heights (see [0095], wherein diamond nanopillars fabricated by reactive ion etching with pillar height determined by etch depth and process parameters, resulting in nanopillars having varying lengths, see paragraph [0113]). Regarding claim 12, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose respective different height shims coupled between the sensor substrate and adjacent portions of the corresponding input and output optical waveguides (see [0086], controlling optical coupling distance between diamond nanopillars and optical components through physical spacing and mounting configuration, see paragraph [0015]; BRI, structures providing controlled vertical offset function as shims). Regarding claim 13, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 10, wherein Grinolds et al. further disclose the diamond substrate comprises a bulk diamond substrate; and wherein the plurality of diamond pillars is integrally formed with the bulk diamond substrate (see [0110], wherein etching diamond nanopillars directly from a bulk single-crystalline diamond membrane, thereby integrally forming the pillars with the substrate, [0116]). Regarding claim 14, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 10, wherein Grinolds et al. further disclose a sensing circuit coupled to the plurality of input and output optical waveguides (see [0140]], wherein a processing system coupled to optical excitation and fluorescence detection paths for sensing NV center responses, also see paragraph [0100]). Regarding claim 15, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 10, wherein Grinolds et al. further disclose Photonic Integrated Circuit (PIC) substrate supporting the diamond substrate (see [0085], a sensing system fabricated from single-crystalline diamond material forming the substrate for diamond nanopillars, also see paragraph [0091]). Regarding claim 16, Srinolds et al. disclose a method of forming a plurality of diamond pillars on a sensor substrate (see [0078]) in an irregular arrangement (see [0125] diamond nanopillar used as a scanning probe, also see [0086]; under the broadest reasonable interpretation (BRI), a diamond nanopillar corresponds to a micro pillar, probe, or probe tip used in semiconductor testing and scanning probe applications), each diamond pillar comprising at least one nitrogen vacancy center (NVC) (see [0126], single NV center formed by implantation, irradiation, or growth); and output optical waveguides to each diamond pillar (see optical excitation and optical collection paths for the NV center, wherein fluorescence emitted by the NV center is optically guided through the diamond pillar acting as an optical waveguide, optical waveguiding through the diamond nanopillar and Srinolds et al. further disclose optical coupling of the diamond pillar to excitation and readout optics via optical waveguiding through the pillar itself, paragraphs [0156] & [0161]). Srinolds et al. are not understood to explicitly disclose coupling a respective pair of distinct input and output optical waveguides to each diamond pillar. Bernabe et al. disclose a respective pair of distinct input and output optical waveguides coupled to each diamond pillar (see [0156] photonic integrated structures comprising optical input and output end, including diamond-based NV systems, wherein separate optical waveguides are used for excitation and readout and are integrated on a photonic integrated circuit platform, see [0166 & claim 1). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify the sensing system of Srinolds et al. to include a respective pair of input and output optical waveguides coupled to each diamond pillar as taught by Bernabe et al., as doing so would provide improved optical routing, isolation of excitation and readout paths, and scalable photonic integration for NV-based sensing systems, consistent with established photonic integrated circuit design principles emphasized by Bernabe et al. in paragraphs [0015-0018]. Regarding claim 17, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose identifying locations of the NVCs (see [0125]). Regarding claim 18, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose the sensor substrate comprises a bulk diamond substrate (see [0110], wherein etching diamond nanopillars directly from a bulk single-crystalline diamond membrane, thereby integrally forming the pillars with the substrate, [0116]); and comprising etching the bulk diamond substrate to form the plurality of diamond pillars aligned with the locations of the identified NVCs (see [0126] & [0129]). Regarding claim 19, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose forming at least some of the diamond pillars to have different heights (see [0095], wherein diamond nanopillars fabricated by reactive ion etching with pillar height determined by etch depth and process parameters, resulting in nanopillars having varying lengths, see paragraph [0113]). Regarding claim 20, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose coupling respective different height shims between the sensor substrate (see [0087])and adjacent portions of the corresponding input and output optical waveguides (see [0133]). Regarding claim 21, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose coupling a sensing circuit to the plurality of input and output optical waveguides (see [0086], controlling optical coupling distance between diamond nanopillars and optical components through physical spacing and mounting configuration, see paragraph [0015]; BRI, structures providing controlled vertical offset function as shims). Regarding claim 22, Srinolds et al. & Bernabe et al. disclose the sensing system of claim 11, wherein Grinolds et al. further disclose supporting the sensor substrate on a Photonic Integrated Circuit (PIC) substrate (see [0085], a sensing system fabricated from single-crystalline diamond material forming the substrate for diamond nanopillars, also see paragraph [0091]). Allowable Subject Matter Claim 9 is 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. The following is an examiner’s statement of reasons for allowance: In terms of claim 9, the prior art of record does not teach alone or in combination of “wherein each input optical waveguide comprises an input optical fiber and an input photonic wire bond coupling the input optical fiber to the corresponding diamond pillar; and wherein each output optical waveguide comprises an output optical fiber and an output photonic wire bond coupling the output optical fiber to the corresponding diamond pillar” in combination with all other elements in claim 1. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance." Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2024/0353615 A1 to Melikyan et al. discloses an interface port unit (IPU) is formed on the substrate. A photonics circuit unit (PCU) is formed on the substrate. A photonics circuit (1PC) is formed on the substrate and optically coupled between the interface port unit and the photonics circuit unit. A photonics circuit (2PC) is formed on the substrate and optically coupled between the interface port unit and the photonics circuit unit in parallel with photonics circuit. The photonics circuit and the photonics circuit following functional duplicates of each other with intentionally introduced physical differences in their fabrication layouts, differently optically tuned versions of each other, and functionally equivalent versions of each other with intentionally introduced differences in their circuit layouts. U.S. 2024/0402038 A1 to Zwickel et al. disclose an Apparatuses and test cards for testing photonic integrated circuits, corresponding systems and methods, and photonic integrated circuits are provided. A test card can be imaged via an optical unit onto a photonic integrated circuit to be tested. Parallel illumination of the photonic integrated circuit at different locations is possible in this way. U.S. 2019/0250212 A1 to Le Maitre et al. disclose an optoelectronic chip including a pair of optical inputs having a same bandwidth, and each being adapted to a different polarization, at least one photonic circuit to be tested, and an optical coupling device configured to couple the two inputs to the circuit to be tested. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUNG NGUYEN whose telephone number is (571)272-1966. The examiner can normally be reached on Mon- Friday 8AM - 4:00PM Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on 571-272-7924. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Examiner: /Trung Q. Nguyen/- Art 2858 February 5, 2026 /HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Jul 08, 2024
Application Filed
Feb 05, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601792
BATTERY PACK AND ASSESSMENT METHOD
2y 5m to grant Granted Apr 14, 2026
Patent 12591016
OCV DETECTION METHOD AND DETECTION DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12584875
DEVICE AND METHOD FOR INSPECTING WELDED STATE FOR CYLINDRICAL SECONDARY BATTERY
2y 5m to grant Granted Mar 24, 2026
Patent 12578398
External Short Diagnosis Method of Preventing Melt Bonding and Battery System Where the Method is Applied
2y 5m to grant Granted Mar 17, 2026
Patent 12573673
BATTERY CHARGE AND DISCHARGE TEST APPARATUS
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+5.9%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 833 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month