Prosecution Insights
Last updated: July 17, 2026
Application No. 18/854,131

DISPLACEMENT DETECTING DEVICE, AND OSCILLATOR

Non-Final OA §103
Filed
Oct 04, 2024
Priority
Apr 12, 2022 — nonprovisional of PCTJP2022017589
Examiner
MURSHED, OSAMAH
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Mitsubishi Electric Corporation
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-68.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
11 currently pending
Career history
9
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 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 . Information Disclosure Statement The Information Disclosure Statement filed on 10/04/2024 has been acknowledged and considered by examiner. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over “Observation of High-Speed Microscale Superlubricity in Graphite” (Yang) in view of US20150268064A1 (Winarski). With regards to claim 1, Yang teaches displacement detecting (“detected the motion of the retracting graphite flake” to calculate “displacement curves” Pg. 2, Col. 1), comprising: an insulating substrate (“SiO2 cap” on a “HOPG… substrate” Pg. 1, Col. 2); a graphene block in which graphene sheets each consisting of a single-layered graphene are stacked in layers, the graphene block being fixed to a surface with a largest area among surfaces of the insulating substrate (“microscopic graphite mesas” where “square graphite mesas capped with SiO2… have been fabricated on HOPG… substrate” Pg. 1, Col. 2); wherein the surface of the insulating substrate is parallel to a basal plane of each of a plurality of the graphene sheets included in the graphene block (“the sliding interface between the self-retractable graphite flake and the bottom mesa corresponds to an incommensurate twist boundary in the HOPG that provides structural super lubricity” Pg. 2, Col.1 and “Yg denotes the surface energy of the graphite basal plane” Pg. 4 Col. 1; Yang teaches that the mesas are flat structures fabricated directly on the substrate base and the sliding interface follows the exact horizontal orientation of the material’s basal plane. Also, shown in Fig. 1a.), the graphene block includes a graphene flake to move by sliding in a direction parallel to the basal plane in a case where a force having a component parallel to the basal plane is applied to the graphene block (“We used a tungsten tip with an apex diameter less than 1 m and controlled by a micromanipulator (Kleindiek, MM3A) to shear the graphite mesa under the SiO2 cap as shown in Figs. 1(a) and 1(b). Releasing the tip from the cap, the sheared section of the graphite mesa, hereinafter referred to as graphite flake, slid back onto the bottom mesa, and aligned spontaneously with the mesa due to a reduction of the surface energy.” Pg. 2, Col. 1), the graphene flake is constituted of one or a plurality of the graphene sheets (“microscopic flakes of graphite, after being sheared from micron sized mesas…” Pg. 1, Col. 1), Yang does not explicitly teach an electrode of a conductor mounted on the surface of the insulating substrate, and the electrode is mounted so that capacitance of a capacitor constituted of the electrode and the graphene flake varies according to a movement amount of the graphene flake. However, Winarski teaches an electrode of a conductor mounted on the surface of the insulating substrate (“Graphene sheet 1022 is fixedly and electrically attached on one end to conducting plate 1021” [0043] and Fig. 10), and the electrode is mounted so that capacitance of a capacitor constituted of the electrode and the graphene flake varies according to a movement amount of the graphene flake (“As nanotube 423 moves in the +ΔX direction, a change in capacitance +ΔC between nanotubes 422 and 423 is generated. At the same time, a change in capacitance −ΔC between nanotubes 424 and 423 is generated. The ratio of Vout/Vin is then proportional to +ΔC−(−ΔC) or 2ΔC” [0040]; “graphene sheet 1023 slides a displacement +4X longitudinally relative to graphene sheets 1022 and 1024, graphene sheet 1022 is covered a +4X and graphene sheet 1024 is uncovered a −ΔX” [0043]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the graphite assembly of Yang to incorporate the displacement sensing of Winarksi wherein an electrode of a conductor mounted on the surface of the insulating substrate and the electrode is mounted so that capacitance of a capacitor constituted of the electrode and the graphene flake varies according to a movement amount of the graphene flake. This would be done to obtain “a doubling of the signal output which is directly proportional to displacement, and mitigation of common mode noise” [0003]. With regards to claim 2, Yang as modified teaches further comprising another electrode of a conductor mounted on the surface of the insulating substrate (“Similarly, graphene sheet 1024 is fixedly attached on one end to conducting plate 1025” Winarski [0043]). With regards to claim 3, Yang as modified teaches wherein two electrodes including the electrode and the another electrode are mounted with the graphene block interposed between the two electrodes (“A differential displacement sensor is disclosed that includes a pair of aligned stationary carbon nanostructures. A moveable carbon nanostructure is configured to engage and move with respect to the pair of aligned stationary carbon nanostructures throughout a range of motion” and “graphene sheet 1023 slides a displacement +4X longitudinally relative to graphene sheets 1022 and 1024, graphene sheet 1022 is covered a +4X and graphene sheet 1024 is uncovered a −ΔX.” Winarski [0002]; [0043]; Fig. 10). Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over “Observation of High-Speed Microscale Superlubricity in Graphite” (Yang) in view of US20150268064A1 (Winarski) and US20110179883A1 (Zettl). With regards to claim 10, Yang teaches an oscillator (“potential applications of high-speed SRM in the field of nanomechanical systems, such as gigahertz oscillators” Pg.1, Col. 2), comprising: an insulating substrate (“SiO2 cap” on a “HOPG… substrate” Pg. 1, Col. 2); a graphene block in which graphene sheets each consisting of a single-layered graphene are stacked in layers, the graphene block being fixed to a surface with a largest area among surfaces of the insulating substrate (“microscopic graphite mesas” where “square graphite mesas capped with SiO2… have been fabricated on HOPG… substrate” Pg. 1, Col. 2); wherein the surface of the insulating substrate is parallel to a basal plane of each of a plurality of the graphene sheets included in the graphene block (“the sliding interface between the self-retractable graphite flake and the bottom mesa corresponds to an incommensurate twist boundary in the HOPG that provides structural super lubricity” Pg. 2, Col.1 and “Yg denotes the surface energy of the graphite basal plane” Pg. 4 Col. 1; Yang teaches that the mesas are flat structures fabricated directly on the substrate base and the sliding interface follows the exact horizontal orientation of the material’s basal plane. Also, shown in Fig. 1a.), the graphene block includes a graphene flake to move by sliding in a direction parallel to the basal plane in a case where a force having a component parallel to the basal plane is applied to the graphene block (“We used a tungsten tip with an apex diameter less than 1 m and controlled by a micromanipulator (Kleindiek, MM3A) to shear the graphite mesa under the SiO2 cap as shown in Figs. 1(a) and 1(b). Releasing the tip from the cap, the sheared section of the graphite mesa, hereinafter referred to as graphite flake, slid back onto the bottom mesa, and aligned spontaneously with the mesa due to a reduction of the surface energy.” Pg. 2, Col. 1), the graphene flake is constituted of one or a plurality of the graphene sheets (“microscopic flakes of graphite, after being sheared from micron sized mesas…” Pg. 1, Col. 1), Yang does not explicitly teach one or a plurality of electrodes of conductors mounted on the surface of the insulating substrate; the one or the plurality of electrodes are each mounted such that capacitance of a capacitor constituted of a corresponding one of the electrodes and the graphene flake varies according to a movement amount of the graphene flake, However, Winarski teaches one or a plurality of electrodes of conductors mounted on the surface of the insulating substrate (“Graphene sheet 1022 is fixedly and electrically attached on one end to conducting plate 1021” [0043] and Fig. 10); the one or the plurality of electrodes are each mounted such that capacitance of a capacitor constituted of a corresponding one of the electrodes and the graphene flake varies according to a movement amount of the graphene flake (“As nanotube 423 moves in the +ΔX direction, a change in capacitance +ΔC between nanotubes 422 and 423 is generated. At the same time, a change in capacitance −ΔC between nanotubes 424 and 423 is generated. The ratio of Vout/Vin is then proportional to +ΔC−(−ΔC) or 2ΔC” [0040]; “graphene sheet 1023 slides a displacement +4X longitudinally relative to graphene sheets 1022 and 1024, graphene sheet 1022 is covered a +4X and graphene sheet 1024 is uncovered a −ΔX” [0043]), It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the graphite assembly of Yang to incorporate the displacement sensing of Winarksi wherein an electrode of a conductor mounted on the surface of the insulating substrate and the electrode is mounted so that capacitance of a capacitor constituted of the electrode and the graphene flake varies according to a movement amount of the graphene flake. This would be done to obtain “a doubling of the signal output which is directly proportional to displacement, and mitigation of common mode noise” [0003]. Yang as modified by Winarski does not teach a contactless actuator and the contactless actuator includes: a mover fixed to the graphene flake and one or a plurality of stators fixed to the surface of the insulating substrate. However, Zettl teaches a contactless actuator (“electrostatic operation may be obtained by placing a charged voltage on the resonator in the presence of an electric field, thereby producing Coulomb forces and thus driving the resonator to oscillate” [0025]), and the contactless actuator includes: a mover fixed to the graphene flake (“an impressed voltage generates an excitation force on the resonator, causing it to vibrate” [0015]); and one or a plurality of stators fixed to the surface of the insulating substrate (“an electromagnetic field disposed about the extendable multiwalled nanotube” [0016]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the graphite assembly and substrate-mounted electrodes of Yang as modified by Winarski to incorporate the actuator architecture of Zettl wherein includes a contactless actuator and the contactless actuator includes: a mover fixed to the graphene flake and one or a plurality of stators fixed to the surface of the insulating substrate. This would be done to utilize contactless actuation and “harness the almost frictionless sliding in telescoping” [0061]. With regards to claim 11, Yang as modified teaches wherein a plurality of the electrodes are mounted on the surface of the insulating substrate (“Graphene sheet 1022 is fixedly and electrically attached on one end to conducting plate 1021. Similarly, graphene sheet 1024 is fixedly attached on one end to conducting plate 1025” Winarski [0043]), and two electrodes of the plurality of electrodes are mounted with the graphene block interposed between the two electrodes (“(“graphene sheet 1023 slides a displacement +4X longitudinally relative to graphene sheets 1022 and 1024” Winarski [0043]; Fig. 10). With regards to claim 12, Yang as modified teaches wherein the contactless actuator includes a plurality of the stators, and two stators of the plurality of stators are mounted with the graphene block interposed between the two stators (“an extendable multiwalled nanotube having two ends; and b) an extension means attached to each of the two ends of the extendable multiwalled nanotube; c) whereby the extension means displaces the two ends of the attached extendable multiwalled nanotube”; “when the resonator is subject to an electrostatic field, then an impressed voltage generates an excitation force on the resonator, causing it to vibrate These forces are due to standard electrostatic or electromagnetic forces” Zettl [0014] and [0015]). With regards to claim 13, Yang as modified by Winarski and Zettl does not explicitly teach wherein the mover is a magnet, and the one or the plurality of stators are each a coil. However, Zettl teaches that the contactless actuator framework can utilize alternating currents running through structure with an external magnetic field to generate standard electromagnetic driving forces (“when the resonator is subject to an electrostatic field, then an impressed voltage generates an excitation force on the resonator, causing it to vibrate These forces are due to standard electrostatic or electromagnetic forces generally described in first year college physics texts”; “Operating the device in an external magnetic field, {right arrow over (B)}, allows actuation with alternating current passing through the nanotube via the Lorentz force” [0015]; [0030]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the oscillator assembly of Yang as modified by Winarski and Zettl wherein the mover is a magnet, and the one or the plurality of stators are each a coil. This would be done to utilize standard electrostatic or electromagnetic forces to generate high-frequency mechanical vibrations while “harnessing the almost frictionless sliding in telescoping” [0015], [0061]. This modification represents a simple substitution of one known element for another to obtain predictable results (MPEP 2143). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSAMAH MURSHED whose telephone number is (571)272-9534. The examiner can normally be reached Monday - Friday, 11 a.m. 8 p.m. ET.. 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 at (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. /OSAMAH MURSHED/ Examiner, Art Unit 2858 /JENNIFER BAHLS/ Primary Examiner, Art Unit 2853
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Prosecution Timeline

Oct 04, 2024
Application Filed
Jun 15, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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