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 .
This Action is FINAL and is in response to the amendment filed December 9th, 2025. Claims 1, 3-4, 8, 10-11, 13-16, and 18-26 are pending, of which claims 1, 3-4, 8, 10-11, 13-16, and 18-26 are currently rejected. Claims 2, 5-7, 9, 12, and 17 have been cancelled by Applicant.
Response to Arguments
The amendment filed December 9th, 2025 has been entered. Claims 1, 3-4, 8, 10-11, 13-16, and 18-26 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection as previously set forth in the Non-Final Office Action mailed September 10th, 2025.
Drawing Objections
Applicant has submitted Replacement Sheets for Figure 5, which has resolved the objection to Figure 5. However, Fig. 1C remains objected to for the following reasons: Applicant states that the drawing objection to Fig. 1C is unclear as the Office Action mailed September 10th, 2025 states “TFF output” should be “TFF output” on Fig. 1C. However, Examiner wishes to clarify the meaning of the objection and what was actually objected to the Office Action mailed September 10th, 2025. In Fig. 1C in the vertical axis of the timing diagram there are a number of labels, the second one being “TFF ouput Q”, hence the objection “TFF ouput” should be “TFF output”. Examiner includes this clarification as to the objection. See Drawings.
Claim Objections
Applicant has amended the claims. However, a new claim objection has been made.
Prior Art Rejections
Applicant’s arguments regarding the previously cited art have been fully considered and are not persuasive.
Applicant alleges M. Stipčević (“Quantum random flip-flop and its applications in random frequency synthesis and true random number generation”, 2016) (hereinafter “Stipčević”) merely discloses a random flip-flop and does not disclose the output circuit of the recited claims (Applicant Remarks Pg. 8-9). Examiner respectfully disagrees. As discussed in the Office Action mailed September 10th 2025, Stipčević discloses the output circuit to output random pulses for random number generation as disclosed (Stipčević: Pg. 035113-6 Col. 1 Lines 13-21 random bit sequence i.e., random binary stream based on output signal Qi). Below is Figure 6 of Stipčević that helps to visualize the arrangement of the circuit, and contained in the solid line box is the output circuit that takes as input the output of the SPD photon detector.
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As discussed previously this output circuit enables the outputting of a random binary stream through Q. Furthermore, as claimed in claim 8 of the instant application, the output circuit comprises a toggle flip-flop. Additionally, nothing in the claims precludes the usage of a flip-flop for the output circuit. Therefore, Stipčević does in fact teach the output circuit as claimed.
Applicant additionally alleges that Hermann does not suggest using a second SPAD in the system of Stipčević in the manner recited in claims 1 or 20 because what Hermann discloses is that the second SPAD’s output is suppressed after a first event is detected and is never used for outputting (Applicant Remarks Pgs. 9-10).
Examiner respectfully disagrees. Hermann discloses both SPADs are used to detect events and inputs are output to OR gate to determine random bits (Hermann: ¶ 0008, ¶ 0016, ¶ 0041). Suppression is only used if signals are received at the same time in order to determine which event came first, in order to avoid malfunction of latch circuitries. Additionally, nothing in the claims preclude the usage of suppression in order to ensure correct functionality of the circuit.
New grounds of rejection have been made by Examiner that are necessitated by the amendments (rolling up of claim 2 limitations into claim 1). See Claim Rejections - 35 USC § 103.
Drawings
The drawings are objected to because Fig. 1C “TFF ouput” should be “TFF output”. In Fig. 1C in the vertical axis of the timing diagram there are a number of labels, the second one being “TFF ouput Q”. “TFF ouput Q” should be “TFF output Q”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
In addition to Replacement Sheets containing the corrected drawing figure(s), applicant is required to submit a marked-up copy of each Replacement Sheet including annotations indicating the changes made to the previous version. The marked-up copy must be clearly labeled as “Annotated Sheets” and must be presented in the amendment or remarks section that explains the change(s) to the drawings. See 37 CFR 1.121(d)(1). Failure to timely submit the proposed drawing and marked-up copy will result in the abandonment of the application.
Claim Objections
Claims 20-21 are objected to because of the following informalities:
Claim 20 line 5 “the at least two SPADs SPADS” should be “the at least two SPADs”.
Claim 21 is objected to based on its dependence upon claim 20.
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.
Claims 1, 8, 10-11, 18-19, 20, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over M. Stipčević (“Quantum random flip-flop and its applications in random frequency synthesis and true random number generation”, 2016) included in the IDS filed on 09/12/2022 (hereinafter “Stipčević”) further in view of Herrmann (US 2019/0205099 A1) (hereinafter “Herrmann”).
Regarding claim 1, Stipčević teaches:
A method for generating a random number, comprising:
receiving, at a first single-photon avalanche diode (SPAD), a first series of photons (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19);
converting, by the first SPAD, the first series of photons into a first series of electrical pulses comprising a first random time interval between each pulse of the first series of electrical pulses (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19; Pg. 035113-3 Col. 1 Lines 11-13 photons are emitted at random times i.e., the SPAD receives photons at random times, as such the time of receiving i.e., dead time of receiving would have random time intervals between the arrival of each photon);
generating a pulse waveform comprising the first series of electrical pulses (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19);
generating, by an output circuit in communication with the first SPAD, an output Q signal which toggles states in response to each electrical pulse in the pulse waveform (Stipčević: Pg. 035113-3 Col. 2 Lines 12-18 output signal is generated based on the pulses of pulse waveform causing toggle states at flip-flop); and
outputting, by the output circuit a random binary stream based at least in part on the first series of electrical pulses output Q signal (Stipčević: Pg. 035113-6 Col. 1 Lines 13-21 random bit sequence i.e., random binary stream based on output signal Qi).
Stipčević does not explicitly teach:
receiving, at a second single-photon avalanche diode (SPAD), a second series of photons;
converting, by the second SPAD, the second series of photons into a second series of electrical pulses comprising a second random time interval between each pulse of the second series of electrical pulses;
generating a pulse waveform comprising…the second series of electrical pulses.
However, Hermann teaches a first and second SPAD being used for the conversion of photons to electrical pulses (Herrmann: Fig. 1 shows first SPAD 116 and second SPAD 126).
It would have been obvious before the effective filing date of the claimed invention to combine the second SPAD as taught by Herrmann with the SPAD structure and conversion as taught by Stipčević as both teachings are directed towards random number generation. The improvement of Herrmann lies in efficiency of the quantum random number generator being enhanced, and the bit rate for generating a random number is increased. (Herrmann: ¶ 0003).
Therefore, Stipčević in view of Hermann teaches:
A method for generating a random number, comprising:
receiving, at a first single-photon avalanche diode (SPAD), a first series of photons;
receiving, at a second single-photon avalanche diode (SPAD), a second series of photons;
converting, by the first SPAD, the first series of photons into a first series of electrical pulses comprising a first random time interval between each pulse of the first series of electrical pulses;
converting, by the second SPAD, the second series of photons into a second series of electrical pulses comprising a second random time interval between each pulse of the second series of electrical pulses;
generating a pulse waveform comprising the first series of electrical pulses and the second series of electrical pulses;
generating, by an output circuit in communication with the first SPAD, an output Q signal which toggles states in response to each electrical pulse in the pulse waveform;
and outputting, by the output circuit, a random binary stream based at least in part on the output Q signal.
Regarding claim 8, Stipčević in view of Hermann further teaches:
The method of claim 1,
wherein the output circuit comprises a toggle flip-flop (TFF) comprising a first clock input and a first state output (Stipčević: Pg. 035113-3 Fig. 6 FF1 as TFF first clock input at CP and first state output at Q), and
wherein the TFF is configured to receive the pulse waveform at the first clock input and provide the output Q signal at the first state output (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19; pulse waveform obtained from SPAD and quenching circuit at CP of FF1 i.e., TFF and provides the first state output Q signal at Q).
Regarding claim 10, Stipčević in view of Hermann teaches:
The method of claim 8,
wherein the output circuit comprises a data flip-flop (DFF) comprising a second clock input, a state input, and a second state output (Stipčević: Pg. 035113-3 Fig. 6 FF2 i.e., DFF, CP as second clock input, D as state input, Q as second state output)
wherein the DFF is configured to receive the output Q signal at the state input, receive a clock signal at the second clock input, and provide an output data signal at the second state output (Stipčević: Pg. 035113-3 FF2 i.e., DFF takes output Q signal from FF1 i.e., TFF, at state input D, receives a clock signal at CP and provides an output data signal at Q), and
wherein the random binary stream is based at least in part on the output data signal such that the random binary stream is based in part on the output Q signal at least by virtue of being based in part on the output data signal (Stipčević: random bit sequence based on this output data signal as discussed in Pg. 035113-6 Col. 1 Lines 13-21 random bit sequence i.e., random binary stream based on output signal Qi).
Regarding claim 11, Stipčević in view of Hermann teaches:
The method of claim 10,
wherein the clock signal comprises a regularly oscillating clock signal to the second clock input of the DFF (Stipčević: Pg. 035113-2 shows global clock input to DFF being a regularly oscillating clock signal).
Regarding claim 18, Stipčević in view of Hermann teaches:
The method of claim 1, further comprising:
varying a dead time of receiving, at the first SPAD, a first series of photons, wherein the first series of photons comprise a first random time interval between an arrival of each photon in the first series of photons (Stipčević: Pg. 035113-3 Col. 1 Lines 11-13 photons are emitted at random times i.e., the SPAD receives photons at random times, as such the time of receiving i.e., dead time of receiving would have random time intervals between the arrival of each photon; Pg. 035113-3 Col. 1 Lines 22-23 discusses management of dead time).
Regarding claim 19, Stipčević teaches:
The method of claim 1, further comprising:
outputting, by the output circuit, a random binary stream based at least in part on the first series of electrical pulses (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19), wherein the output circuit comprises one or more of a NOT gate, an AND gate, a NAND gate, an OR gate, a NOR gate, an XOR gate, an XNOR gate, and combinations thereof (Stipčević: Pg. 035113-6 Col. 1 Lines 13-21 random bit sequence i.e., random binary stream based on output signal Qi; Pg. 035113-3 Fig. 6 shows output circuit after SPD i.e., SPAD being flip flops, flip flops as are known in the art have logic gates such as OR, NOR, NAND gates).
Stipčević does not explicitly teach:
and the second series of electrical pulses
However, Hermann teaches two or more SPADs being used for random number generation, having corresponding series of pulses for each of the two SPADs (Hermann: Fig. 1 shows first SPAD 116 and second SPAD 126; ¶ 0008, ¶ 0016, ¶ 0041).
The motivation to combine with respect to claim 1 applies equally to claim 19.
Regarding claim 20, Stipčević teaches:
A quantum random number generator, comprising:
single-photon avalanche diodes (SPADs), each of the SPADS configured to receive a corresponding series of photons (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19);
one or more quenching circuits in communication with each corresponding SPADs, the one or more quenching circuits configured to convert the corresponding series of photons into corresponding series of electrical pulses, each corresponding series of electrical pulses comprising corresponding random time intervals between each pulse of corresponding series of electrical pulses (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19; Pg. 035113-3 Col. 1 Lines 11-13 photons are emitted at random times i.e., the SPAD receives photons at random times, as such the time of receiving i.e., dead time of receiving would have random time intervals between the arrival of each photon); and
an output circuit in communication with one or more quenching circuits (Stipčević: Pg. 035113-3 Col. 2 Fig. 6 output circuit (comprising the three FFs) takes output of SPD, the SPD containing the SPAD followed by the quenching circuit as discussed in Pg. 035113-3 Col. 1 Lines 16-19), the output circuit configured to:
generate a pulse waveform based at least in part on the corresponding series of electrical pulses of each of the SPADs (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19);
generate an output Q signal which toggles states in response to each electrical pulse of the pulse waveform (Stipčević: Pg. 035113-3 Col. 2 Lines 12-18 output signal is generated based on the pulses of pulse waveform causing toggle states at flip-flop); and
output a random binary stream based at least in part on the output Q signal (Stipčević: Pg. 035113-6 Col. 1 Lines 13-21 random bit sequence i.e., random binary stream based on output signal Qi).
Stipčević does not explicitly teach the use of two or more SPADs in the circuit.
However, Hermann teaches the use of two or more SPADs in the circuit for random number generation (Hermann: Fig. 1 shows first SPAD 116 and second SPAD 126; ¶ 0008, ¶ 0016, ¶ 0041).
The motivation to combine with respect to claim 1 applies equally to claim 20.
Stipčević in view of Hermann therefore teaches:
A quantum random number generator, comprising:
at least two single-photon avalanche diodes (SPADs), each of the SPADS configured to receive a corresponding series of photons;
one or more quenching circuits in communication with each corresponding one of the at least two SPADs SPADs, the one or more quenching circuits configured to convert the corresponding series of photons into corresponding series of electrical pulses, each corresponding series of electrical pulses comprising corresponding random time intervals between each pulse of corresponding series of electrical pulses; and
an output circuit in communication with one or more quenching circuits, the output circuit configured to:
generate a pulse waveform based at least in part on the corresponding series of electrical pulses of each of the at least two SPADs;
generate an output Q signal which toggles states in response to each electrical pulse of the pulse waveform; and
output a random binary stream based at least in part on the output Q signal.
Regarding claim 24, Stipčević in view of Hermann further teaches:
The method of claim 10, further comprising:
generating the random binary stream such that ones and zeros of the random binary stream correspond to respective states of the output data signal (Stipčević: Pg. 035113-2 Col. 1 Tables I and II show the bits of the random number sequence being dependent upon the states of the flip flops i.e., dependent on the state of the output data signal).
Regarding claim 25, Stipčević in view of Hermann further teaches:
The method of claim 10, wherein the output data signal is based at least in part on the output Q signal, the clock signal, and a time delay from the clock signal (Stipčević: Pg. 035113-3 Fig. 6 output data signal from DFF at Q output depends on output Q signal from Q output of TFF, the clock signal input at CP, and time delay DLY), the method further comprising:
utilizing the time delay to further randomize the output data signal (Stipčević: Pg. 035113-3 Fig. 6 delay element at output of DFF further delays clock input to next flip flop FF3; Pg. 035113-4 Col 1 Section IV Lines 15-24 and Col 2 Lines 5 discuss how the delay enhances randomness of output signal).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann, further in view of M. Stipčević ("A novel active quenching circuit for single photon detection with Geiger mode avalanche photodiodes", 2008) (hereinafter “Stipčević’08”).
Regarding claim 3, while Stipčević in view of Hermann teaches using a SPAD and quenching circuit for the conversion of photons into a pulse waveform (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19), Stipčević in view of Hermann does not explicitly teach the quenching circuit adjusting a bias voltage.
However, Stipčević’08 teaches:
adjusting a bias voltage of the SPAD using a quenching circuit responsive to photon detection by the SPAD (Stipčević’08: Pg. 2 Col. 2 Lines 13-28 bias voltage adjusted by quenching circuit).
It would have been 0bvious before the effective filing date to combine the bias voltage adjustment as taught by Stipčević’08 with the method as taught by Stipčević in view of Hermann as all teachings are directed towards random number generation. The improvement of Stipčević’08 lies avoiding sustained oscillations of the circuit which would negatively affect entropy of the system as a whole (Stipčević’08: Pg. 2 Col. 2 Line 22)
Regarding claim 4, Stipčević in view of Hermann in view of Stipčević’08 further teaches:
The method of claim 3, wherein the quenching circuit is configured to convert the first series of photons into the first series of electrical pulses (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at a single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19).
The motivation to combine with respect to claim 3 applies equally to claim 4.
Claims 13 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann further in view of Tseng (US 2008/0062106 A1) (hereinafter “Tseng”).
While Stipčević in view of Hermann teaches the method of claim 8, the TFF, and having a random binary stream with outputs of an average number of 0s and average number 1s being equal (Pg. 035113-3 Col 2 Lines 17-19 discusses average number of 0s and 1s being equal (probability is 1/2); Pg. 035113-3 Fig. 6 FF1 i.e., TFF), Stipčević in view of Hermann does not explicitly teach having an adjustable voltage threshold control input being provided to the TFF.
However, Tseng teaches:
wherein the TFF further comprises a voltage threshold control input (Tseng: ¶ 0044 adjusting threshold voltage for input to flip flop i.e., TFF in order to adjust internal reference voltage)
adjusting a voltage threshold VTHR at the voltage threshold control input (Tseng: ¶ 0044 adjusting threshold voltage for input to flip flop in order to adjust internal reference voltage).
It would have been obvious before the effective filing date of the claimed invention to combine the adjustable voltage threshold as taught by Tseng with the method as taught by Stipčević as both teachings are directed towards the usage of flip-flops for processing signals. The improvement of Tseng lies in compensating for voltage variation (Tseng: ¶ 0044).
Stipčević in view of Hermann in view of Tseng therefore teaches:
The method of claim 8, wherein the TFF further comprises a voltage threshold control input, the method further comprising:
adjusting a voltage threshold VTHR at the voltage threshold control input to cause the output circuit to output the random binary stream such that the random binary stream outputs an average number of 0s that is approximately equal to an average number of 1s.
Regarding claim 22, while Stipčević teaches the structure of the SPAD and converting from a series of photons to a pulse waveform (Stipčević: Pg. 035113-3 Col. 1 Lines 3-10 receiving of photons at single photon detector (SPD), in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19; Pg. 035113-3 Col. 1 Lines 11-13 photons are emitted at random times i.e., the SPAD receives photons at random times, as such the time of receiving i.e., dead time of receiving would have random time intervals between the arrival of each photon), as well as logic gates in the output circuit (Pg. 035113-3 Fig. 6 flip-flops having logic gates in output circuit) Stipčević does not explicitly teach a second SPAD.
However, Herrmann teaches a first and second SPAD being used for the conversion of photons to electrical pulses (Herrmann: Fig. 1 shows first SPAD 116 and second SPAD 126).
The motivation to combine with respect to claim 1 applies equally to claim 22.
Stipčević in view of Hermann does not explicitly teach an adjustable voltage threshold.
However, Tseng teaches and adjustable voltage threshold (Tseng: ¶ 0044 adjusting threshold voltage for input to flip flop in order to adjust internal reference voltage).
The motivation to combine with respect to claim 13 applies equally to claim 22.
Stipčević in view of Hermann in view of Tseng therefore teaches:
The method of claim 8, wherein the TFF further comprises a voltage threshold control input, the method further comprising:
adjusting a voltage threshold V THR, at the voltage threshold control input, based on a randomized input, wherein the randomized input is based at least in pa1t on an output from a second SPAD.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann in view of Tseng, further in view of Lo et al. (5732139) (hereinafter “Lo”).
While Stipčević in view of Hermann teaches the method of claim 8 and a TFF for random number generation (Stipčević: Pg. 035113-3 Fig. 6 FF1 i.e., TFF), Stipčević in view of Hermann does not explicitly teach adjusting a voltage threshold that is used for having an average number of 0s and an average number of 1s that are unequal.
However, Tseng teaches a voltage threshold control input that is adjustable (Tseng: ¶ 0044 adjusting threshold voltage for input to flip flop in order to adjust internal reference voltage).
The motivation to combine with respect to claim 13 applies equally to claim 14.
Stipčević in view of Hermann in view of Tseng does not explicitly teach having an average number of 0s and an average number of 1s that are unequal.
However, Lo teaches unequal probabilities for random bit generation (Lo: Col. 12 Lines 9-28) i.e., having an average number of 1s and an average number of 0s that are unequal to each other.
It would have been obvious before the effective filing date to combine the unequal probabilities for random bit generation as taught by Lo with the adjustable voltage threshold as taught by Tseng and the method as taught by Stipčević in view of Hermann as all teachings are directed towards digital design and voltage control. The improvement of Lo lies in allowing a user to choose probabilities and increase customizability for the various applications (Lo: Col 8 Lines 10-17).
Stipčević in view of Hermann in view of Tseng in view of Lo therefore teaches:
The method of claim 8, wherein the TFF further comprises a voltage threshold control input, the method further comprising:
adjusting a voltage threshold VTHR at the voltage threshold to cause the output circuit to output the random binary stream such that the random binary stream outputs an average number of 0s that is unequal to an average number of 1s.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann further in view of Pinter et al. (US 2021/0299879 A1) (hereinafter “Pinter”).
Regarding claim 15, while Stipčević in view of Hermann teaches the method of claim 1, Stipčević in view of Hermann does not explicitly teach the source of photons being in thermal equilibrium.
However, Pinter teaches:
emitting the first series of photons from a source in thermal equilibrium (Pinter: ¶ 0442 having a source in thermal equilibrium for photons to be produced from; ¶ 0457 thermal equilibrium is suitable for random number generation in order to have equal probability of 1s and 0s being generated).
It would have been obvious before the effective filing date of the claimed invention to combine the source in thermal equilibrium as taught by Pinter with the method as taught by Stipčević in view of Hermann as all teachings are directed towards processing of photons. The improvement of Pinter lies in ensuring equal probability of outcomes and further enhance entropy (Pinter: ¶ 0457).
Regarding claim 16, Stipčević in view of Hermann in view of Pinter further teaches:
The method of claim 15, wherein the source comprises one or more of a light-emitting diode (LED), a pulsed laser, and a combination thereof (Stipčević: Pg. 035113-3 Col 1 Lines 3-10 receiving of photons at single photon detector (SPD), the SPD containing laser components, in order to generate random train of pulses i.e., pulse waveform, SPD further specified as a SPAD in Pg. 035113-3 Col. 1 Lines 16-19; Pg. 035113-3 Fig. 4 further shows light source providing photons as LED).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann further in view of Carlson (6954770).
While Stipčević in view of Hermann teaches the quantum random number generator of claim 20, Stipčević in view of Hermann does not explicitly teach the data output signal being generated by sampling the output Q signal based on a clock input.
However, Carlson teaches:
generate a data output signal by sampling the output Q signal based on a clock input (Carlson: Col. 2 Lines 52-67 sampling device samples output signal synchronously from entropy source i.e., SPAD with quenching circuit; Col. 3 Lines 48-54 this sampling device is driven by a clock signal, Col. 2 Lines 41-47 to output a random bit stream for a random number); and
generate the random binary stream based at least in part on the data output signal such that the random binary stream is based at least in part on the output Q signal by virtue of being based at least in part on the data output signal (Carlson: Col. 2 Lines 52-67 sampling device samples output signal synchronously from entropy source i.e., SPAD with quenching circuit; Col. 3 Lines 48-54 this sampling device is driven by a clock signal, Col. 2 Lines 41-47 to output a random bit stream for a random number).
It would have been obvious before the effective filing date of the claimed invention to combine the clocked sampling for the output signal as taught by Carlson with the quantum random number generator as taught by Stipčević in view of Hermann as all teachings are directed towards random number generation. The improvement of Carlson lies in producing a robust random number (Carlson: Col. 2 Lines 22-31).
Claims 23 and 26 is rejected under 35 U.S.C. 103 as being unpatentable over Stipčević in view of Hermann in view of Tseng further in view of Carey et al. (9007096) (hereinafter “Carey”).
Regarding claim 23, while Stipčević in view of Hermann teaches the method of claim 10 and a TFF for random number generation (Stipčević: Pg. 035113-3 Fig. 6 FF1 i.e., TFF), Stipčević in view of Hermann does not explicitly teach a voltage threshold control input and an averaging circuit.
However, Tseng teaches a voltage threshold control input that is adjustable (Tseng: ¶ 0044 adjusting threshold voltage for input to flip flop in order to adjust internal reference voltage).
The motivation to combine with respect to claim 13 applies equally to claim 23.
Stipčević in view of Hermann in view of Tseng does not explicitly teach having an averaging circuit upon which the voltage threshold control input depends on.
However, Carey teaches voltage averaging of output signal that is used to determine a voltage reference i.e., voltage threshold, (Carey: Col 11 Lines 32-56) the determining of a voltage reference being adjusting through a control input for example.
It would have been obvious before the effective filing date to combine the averaging as taught by Carey with the adjustable voltage threshold control input and the method as taught by Stipčević in view of Hermann as all teachings are directed towards digital design. The improvement of Carey lies in balancing input voltages which can therefore increase entropy (Carey: Col. 11 Lines 32-56).
Regarding claim 26, while Stipčević in view of Hermann in view of in view of Tseng teaches the method of claim 13, Stipčević in view of Hermann in view of in view of Tseng does not explicitly teach the voltage threshold being a percentage.
However, Carey teaches voltage threshold as a percentage of range of pulses (Carey: Col. 11 Lines 32-56).
The motivation to combine with respect to claim 23 applies equally to claim 26.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.D.R./Examiner, Art Unit 2151
/James Trujillo/Supervisory Patent Examiner, Art Unit 2151