Prosecution Insights
Last updated: August 14, 2026
Application No. 18/865,451

MEASUREMENT DEVICE AND MEASUREMENT METHOD

Non-Final OA §103
Filed
Nov 13, 2024
Priority
Jul 29, 2022 — JP 2022-121430 +1 more
Examiner
NGUYEN, TRUNG Q
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kyoto University
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
780 granted / 858 resolved
+22.9% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
19 currently pending
Career history
874
Total Applications
across all art units

Statute-Specific Performance

§101
8.2%
-31.8% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 858 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 . 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 11/13/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “MAGNETIC FIELD MEASUREMENT DEVICE AND METHOD USING QUANTUM SPIN RESONANCE”. 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) 1-2 & 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Popescu et al. (U.S. 2022/0018912 A1) in view of Torelli et al. (U.S. 2024/0328944 A1). Regarding claim 1, Popescu et al. disclose in Fig. 7, a measurement device comprising: a magnetic resonance member in which an electron spin quantum state changes in response to a measured field and in which an electron spin quantum operation can be performed by using a microwave (a diamond sensor material element having nitrogen-vacancy centers with quantized spin states and Zeeman splitting states dependent on an external magnetic field, wherein microwave excitation causes transitions between the electron spin states, [0025]); a high frequency magnetic field generator that performs the electron spin quantum operation of the magnetic resonance member by using the microwave (microwave excitation source 3, such as a microwave loop antenna, applies microwave radiation resonant with transitions between the ground spin state m=0 and the spin states m=±1, [0028]); a light emitting device that emits excitation light to irradiate the magnetic resonance member (optical excitation source 2 comprises a pump laser that optically excites sensor material element 4, [0026]); a fluorescence light receiving device that receives fluorescence emitted by the magnetic resonance member in response to the excitation light and generates a fluorescence sensor signal corresponding to an intensity of the fluorescence (measurement unit 9 receives and measures fluorescence light emitted by sensor material element 4 and may comprise a photodiode, photomultiplier, or CCD camera, [0027]); and an arithmetic processing device that derives a measurement value based on the fluorescence sensor signal or a detection signal that is obtained from the fluorescence sensor signal (controller 19 processes the fluorescence optical signal, wherein the optical signal changes proportionally with the target magnetic field and reproduces the waveform of the target magnetic field, [0122]). PNG media_image1.png 514 1030 media_image1.png Greyscale Popescu et al. do not expressly disclose wherein a measurement value, which is measured when the measured field is applied to the magnetic resonance member, is defined as a main measurement value, a measurement value, which is measured when the measured field is not applied to the magnetic resonance member and before the main measurement value is measured, is defined as a preceding measurement value, a measurement value, which is measured when the measured field is not applied to the magnetic resonance member and after the main measurement value is measured, is defined as a succeeding measurement value, and the arithmetic processing device respectively subtracts the preceding measurement value and the succeeding measurement value from the main measurement value at a predetermined ratio to derive the measurement value of the measured field. Torelli et al. disclose wherein a measurement value, which is measured when the measured field is applied to the magnetic resonance member, is defined as a main measurement value, and measurement values are measured when the measured field is not applied to the magnetic resonance member before and after the main measurement value is measured (a magnetic field is repeatedly changed between magnetic-field ON and magnetic-field OFF states, thereby producing repeated field-OFF, field-ON, and field-OFF measurement intervals, [0098]); wherein the field-ON and field-OFF fluorescence measurement values are processed to derive a measurement value of the measured field (fluorescence contrast is determined as a difference between fluorescence intensities detected with and without applying the magnetic field, [0092]); and wherein the preceding and succeeding field-OFF measurement values are used as reference values relative to the intervening field-ON measurement value at a predetermined ratio (the periodically time-varying magnetic field varies between approximately zero magnetic field and a maximum magnetic field, and the resulting magnetically modulated fluorescence signal is processed by phase-sensitive detection to extract the fluorescence signal associated with the magnetic-field modulation, [0109]). It would have been obvious to one skilled in the art, prior to the effective filing date, to modify Popescu et al.’s quantum spin magnetometer by incorporating Torelli et al.’s repeated magnetic-field ON and OFF modulation and fluorescence-contrast processing, including using field-OFF measurements temporally adjacent to a field-ON measurement as reference values, as doing so would suppress noise and provide a more accurate measurement of the target magnetic field because Torelli et al. emphasize in paragraph [0111] that magnetic-field modulation combined with phase-sensitive detection reduces noise arising from light-intensity instability, detector noise, and environmental noise, thus improving the signal-to-noise ratio and measurement accuracy of Popescu et al.’s fluorescence-based quantum spin magnetometer. Regarding claim 2, Popescu et al. disclose a measurement method comprising: performing an electron spin quantum operation with respect to a magnetic resonance member by using a microwave according to a predetermined measurement sequence and emitting excitation light to irradiate the magnetic resonance member, an electron spin quantum state being changed in response to a measured field and the electron spin quantum operation being performed by using the microwave in the magnetic resonance member (microwave excitation source 3 and optical excitation source 2 electromagnetically excite a diamond sensor material element having nitrogen-vacancy centers with Zeeman splitting states dependent on an external magnetic field, [0044]-[0048]); receiving fluorescence emitted by the magnetic resonance member in response to the excitation light and generating a fluorescence sensor signal corresponding to an intensity of the fluorescence (measurement unit 9 measures optical fluorescence signals emitted by the excited sensor material element and dependent on the Zeeman splitting states, [0048]); and deriving a measurement value based on the fluorescence sensor signal or a detection signal that is obtained from the fluorescence sensor signal (the optical fluorescence signal changes proportionally with the target magnetic field and directly reproduces the waveform of the target magnetic field, [0064]). Popescu et al. do not expressly disclose wherein a measurement value, which is measured when the measured field is applied to the magnetic resonance member, is defined as a main measurement value, a measurement value, which is measured when the measured field is not applied to the magnetic resonance member and before the main measurement value is measured, is defined as a preceding measurement value, a measurement value, which is measured when the measured field is not applied to the magnetic resonance member and after the main measurement value is measured, is defined as a succeeding measurement value, and the measurement value of the measured field is derived by respectively subtracting the preceding measurement value and the succeeding measurement value from the main measurement value at a predetermined ratio. Torelli et al. disclose wherein a measurement value, which is measured when the measured field is applied to the magnetic resonance member, is defined as a main measurement value, and measurement values are measured when the measured field is not applied to the magnetic resonance member before and after the main measurement value is measured (magnetic-field modulation includes repeatedly changing the magnetic field between magnetic-field ON and magnetic-field OFF states, thereby producing alternating field-OFF and field-ON measurement intervals, [0098]); wherein fluorescence values obtained with and without application of the magnetic field are used to derive the measured-field value (fluorescence contrast is defined as the difference between fluorescence intensities detected with and without applying the magnetic field, [0092]); and wherein the measured-field value is derived from the field-ON measurement and the temporally adjacent field-OFF reference measurements at a predetermined ratio (the magnetic field is periodically varied between approximately zero magnetic field and a maximum magnetic field, and the fluorescence signal is processed by phase-sensitive detection to extract the magnetic-field-dependent signal, [0109]). It would have been obvious to one skilled in the art, prior to the effective filing date, to modify Popescu et al.’s quantum spin magnetometer measurement method by incorporating Torelli et al.’s repeated magnetic-field ON and OFF modulation and fluorescence-contrast processing, including using field-OFF measurements temporally adjacent to a field-ON measurement as reference values, as doing so would suppress noise and provide a more accurate measurement of the target magnetic field because Torelli et al. emphasize in paragraph [0111] that magnetic-field modulation combined with phase-sensitive detection reduces noise arising from light-intensity instability, detector noise, and environmental noise, thus improving the signal-to-noise ratio and measurement accuracy of Popescu et al.’s fluorescence-based quantum spin magnetometer. Regarding claim 4, Popescu et al. disclose the measurement method according to claim 2, as set forth above. Popescu et al. do not disclose further comprising: performing, with respect to the fluorescence sensor signal, common mode rejection based on a reference light sensor signal that is generated by receiving reference light obtained by branching the excitation light, wherein the detection signal is generated based on the common mode rejection. Torelli et al. disclose further comprising: performing, with respect to the fluorescence sensor signal, common mode rejection based on a reference light sensor signal that is generated by receiving reference light obtained by branching the excitation light (excitation light or emission light is split by multiple beam splitters and directed to multiple photodetectors to provide independent optical measurements, [0112]); wherein the detection signal is generated based on the common mode rejection (the detected fluorescence signal is processed by phase-sensitive detection to reject noise arising from instability in the light intensity, detector noise, and environmental noise, [0111]). It would have been obvious to one skilled in the art, prior to the effective filing date, to modify Popescu et al. by incorporating Torelli et al.’s branched optical reference measurement and phase-sensitive noise-rejection processing, as doing so would provide compensation for fluctuations in excitation-light intensity and detector output because Torelli et al. emphasize in paragraph [0111] that optical modulation and phase-sensitive detection reduce noise arising from light-intensity instability, detector noise, and environmental noise, thus improving the signal-to-noise ratio and measurement accuracy of Popescu et al.’s fluorescence-based quantum spin magnetometer. Regarding claim 5, Popescu et al. disclose the measurement method according to claim 2, as set forth above. Popescu et al. do not disclose wherein (a) the measurement value obtained by applying the measured field to the magnetic resonance member and the measurement value obtained by not applying the measured field to the magnetic resonance member are alternately obtained, and (b) the measurement value of the measured field is continuously derived by using the succeeding measurement value as the preceding measurement value with respect to a next measurement of the main measurement value. Torelli et al. disclose wherein (a) the measurement value obtained by applying the measured field to the magnetic resonance member and the measurement value obtained by not applying the measured field to the magnetic resonance member are alternately obtained (magnetic-field modulation includes repeatedly changing the magnetic field between magnetic-field ON and magnetic-field OFF states, [0098]); and (b) the measurement value of the measured field is continuously derived by using the succeeding measurement value as the preceding measurement value with respect to a next measurement of the main measurement value (the applied magnetic field is periodically varied between approximately zero magnetic field and a maximum magnetic field, thereby producing a continuous OFF-ON-OFF-ON sequence in which a field-OFF measurement following one field-ON measurement also precedes the next field-ON measurement, [0109]). It would have been obvious to one skilled in the art, prior to the effective filing date, to modify Popescu et al. by incorporating Torelli et al.’s continuously alternating magnetic-field ON and OFF measurement sequence and using each intervening field-OFF measurement as a reference measurement for adjacent field-ON measurements, as doing so would provide continuous magnetic-field measurement with fewer redundant field-OFF measurements because Torelli et al. emphasize in paragraph [0109] that the magnetic field may be periodically varied between approximately zero magnetic field and a maximum magnetic field, thus increasing measurement efficiency while preserving noise-compensated fluorescence measurements. Allowable Subject Matter Claim 3 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 a statement of reasons for the indication of allowable subject matter: In terms of claim 3, the prior art of record does not teach alone or in combination of “applying a predetermined window function to the fluorescence sensor signal or the detection signal; and First Preliminary Amendment deriving the measurement value based on the fluorescence sensor signal or the detection signal to which the window function has been applied, wherein the window function is for deriving, as the measurement value, a difference in an integrated value of the fluorescence sensor signal or the detection signal between a first period in a first half and a second period in a second half of an irradiation period of the excitation light, when measuring the preceding measurement value and the succeeding measurement value, the preceding measurement value and the succeeding measurement value are derived by respectively applying the window function multiplied by a weighting coefficient corresponding to the ratio, and the measurement value of the measured field is derived from the main measurement value and the preceding measurement value and the succeeding measurement value as the preceding measurement value and the succeeding measurement value are substantially respectively subtracted from the main measurement value at the ratio” in combination with all other elements in claim 2. 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. 2018/0252781 A1 to Meriles et al. disclose a method for optically storing and retrieving information is provided that irradiates spin-defect centers in a substrate with red or blue light to change the charge state to form a pattern. This pattern encodes information and long-term data storage. The information is retrieved by irradiating the pattern with red light that causes the pattern to undergo fluorescence. U.S. 2022/0202499 A1 to Zhang et al. disclose systems and methods for position determination. The method includes obtaining, via a plurality of sensors, real-time target magnetic field information of a target subject. The plurality of sensors may be configured on the target subject. The target subject may be located in a reference magnetic field in a medical system. The method includes determining real-time target position information of the target subject based on the real-time target magnetic field information of the target subject and magnetic field distribution information of the reference magnetic field in the medical system. U.S. 2021/0258079 A1 to Lauer et al. disclose systems, computer-implemented methods, and/or computer program products that can facilitate target qubit decoupling in an echoed cross-resonance gate are provided. According to an embodiment, a computer-implemented method can comprise receiving, by a system operatively coupled to a processor, both a cross-resonance pulse and a decoupling pulse at a target qubit. The cross-resonance pulse propagates to the target qubit via a control qubit. The computer-implemented method can further comprise receiving, by the system, a state inversion pulse at the control qubit. The computer-implemented method can further comprise receiving, by the system, both a phase-inverted cross-resonance pulse and a phase-inverted decoupling pulse at the target qubit. The phase-inverted cross-resonance pulse propagates to the target qubit via the control qubit 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 /HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Nov 13, 2024
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12693338
Management Device, Energy Storage System, And Method For Constructing Energy Storage System
2y 4m to grant Granted Jul 28, 2026
Patent 12687580
Secondary Battery Cell Insulation Test Apparatus and Method Using the Same
2y 4m to grant Granted Jul 21, 2026
Patent 12690423
SHIELDING DEVICE FOR A CHUCK, CORRESPONDING CHUCK, AND CORRESPONDING WAFER PROBER ASSEMBLY
2y 3m to grant Granted Jul 21, 2026
Patent 12681101
DETECTION DEVICE, MANAGEMENT APPARATUS, AND DETECTION METHOD
2y 8m to grant Granted Jul 14, 2026
Patent 12681087
SAMPLING APPARATUS, BATTERY MANAGEMENT SYSTEM, AND VEHICLE
2y 2m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+6.2%)
2y 5m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 858 resolved cases by this examiner. Grant probability derived from career allowance 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