DETAILED ACTION
This office action addresses Applicant’s response filed on 2 April 2026. Claims 51-61 and 64-70 are pending.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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) 51-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani (“Imaging of microwave field distribution over a non-fed gold pattern by using NV centers in diamond”) in view of Hatano (US 2016/0334474), Thomas (US 2021/0036110), and Hauf (“Chemical control of the charge state of nitrogen-vacancy centers in diamond”).
Regarding claim 51, Mariani discloses a quantum bit (p. 3, ¶1), comprising: a device for controlling at least one nitrogen-vacancy center; a substrate; optionally, an epitaxial layer; and the at least one nitrogen-vacancy center (p. 12, Fig. 1), wherein:
the device for driving the at least one nitrogen-vacancy center is configured to generate an electromagnetic wave field at a location of the at least one nitrogen-vacancy center; the epitaxial layer, when present, is deposited on the substrate; the substrate, or, the epitaxial layer, when present, has a surface (p. 3, ¶1; p. 12, Fig. 1);
the nitrogen-vacancy center is a paramagnetic center in the substrate or in the epitaxial layer, when present (p. 4, ¶2; the ground state spin-triplet, zero-field splitting at 2.87 GHz, and optical initialization of spin state by green laser pumping of the |0> state indicate an NV- paramagnetic center);
the device for controlling the at least one nitrogen-vacancy center is located on the surface (p. 12, Fig. 1);
a distance from the device for controlling the at least one nitrogen-vacancy center to the at least one nitrogen-vacancy center is less than a maximum distance, wherein the maximum distance is 100 nm (p. 5, ¶1); and
the substrate comprises diamond (p. 3, ¶1).
Mariani does not appear to explicitly disclose that the substrate is n-doped in a nitrogen-vacancy region of the at least one nitrogen-vacancy center; and the substrate is doped with nuclear spin-free isotopes in the nitrogen-vacancy region of the at least one nitrogen-vacancy center. Hatano discloses that the substrate is n-doped in a nitrogen-vacancy region of the at least one nitrogen-vacancy center (¶¶67, 71), particularly sulfur, which Thomas discloses should be a nuclear spin-free isotope (¶82). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, and Thomas, because doing so would have involved merely the routine use of a known technique to improve similar devices in the same way to achieve the predictable results of improving stability of NV centers. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1396. Mariani teaches NV centers in diamond. Hatano teaches that the diamond should be n-doped, such as with sulfur, which Thomas teaches should be nuclear-spin-free. The teachings of Hatano and Thomas are directly applicable to Mariani in the same way, so that Mariani would similarly use diamond doped with nuclear-spin-free sulfur, to improve stability of the NV centers.
Mariani does not appear to explicitly disclose a Fermi level is above an energy level of the at least one nitrogen-vacancy center in a band gap in the nitrogen-vacancy region of the at least one nitrogen-vacancy center; however, these limitations are heavily implied, since Mariani is clearly using NV- centers (as discussed above), so the Fermi level would be above the NV center energy level. Nevertheless, Hauf explicitly discloses these limitations (p. 2, Fig. 1). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, and Hauf, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of generating observable NV centers. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani teaches qubits comprising NV- centers in diamond observed through optically detected magnetic resonance (ODMR). Persons having ordinary skill in the art, reading Mariani, would understand that in such a configuration, the Fermi level would be above the energy level of the NV center, as taught by Hauf. The teachings of Hauf are directly applicable to Mariani in the same way, so that Mariani’s Fermi level would be above the energy level of the NV centers, so that the NV centers would be observable.
Regarding claim 52, Mariani discloses that the electromagnetic wave field is a microwave field and/or a radio wave field (p. 3, ¶1).
Regarding claim 53, Mariani discloses that the device for controlling the at least one nitrogen-vacancy center is firmly connected to the surface (p. 12, Fig. 1).
Regarding claim 54, Mariani discloses that the device for controlling the at least one nitrogen-vacancy center comprises an electrical horizontal line (p. 12, Fig. 1).
Regarding claim 55, Mariani discloses that a virtual line perpendicular to the surface extends through the electrical horizontal line and the at least one nitrogen-vacancy center (p. 12, Fig. 1).
Regarding claim 56, Mariani discloses that the maximum distance from the horizontal line to the at least one nitrogen-vacancy center along the virtual line perpendicular to the surface is 20 nm (p. 5, ¶1; p. 12, Fig. 1).
Claim(s) 57-59 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, and Scarabelli (“Nanoscale Engineering of Closely-Spaced Electronic Spins in Diamond”).
Regarding claim 57, Mariani does not appear to explicitly disclose that the nitrogen-vacancy region is an area that includes at least two nitrogen-vacancy centers, and in which a direct or indirect interaction occurs between the at least two nitrogen-vacancy centers, including a first nitrogen-vacancy center and a second nitrogen-vacancy center. Scarabelli discloses these limitations (p. 4984, col. 2, ¶1). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, and Scarabelli, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of enabling practical systems with multiple NV centers. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani discloses NV center qubits; practical systems would require multiple qubits, as taught by Scarabelli. The teachings of Scarabelli are directly applicable to Mariani in the same way, so that Mariani would similarly use multiple NV centers to achieve practical computing systems.
Regarding claim 58, Mariani does not appear to explicitly disclose that a distance between the first nitrogen-vacancy center and the second nitrogen-vacancy center is less than or equal to 100 nm; Scarabelli discloses these limitations (p. 4985, col. 2, ¶1). Motivation to combine remains consistent with claim 57.
Regarding claim 59, Mariani does not appear to explicitly disclose that a distance between the first nitrogen-vacancy center and the second nitrogen-vacancy center is less than or equal to 20 nm; Scarabelli discloses these limitations (p. 4985, col. 2, ¶1). Motivation to combine remains consistent with claim 57.
Claim(s) 60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, and Simmons (US 2022/0366290).
Regarding claim 60, Mariani does not appear to explicitly disclose that the nitrogen-vacancy region of the at least one nitrogen-vacancy center is doped with one of following isotopes: 16O, 18O, 32S, 34S, 36S. However, as discussed above with regard to claim 51, Hatano discloses doping with sulfur, and Thomas discloses that the sulfur should be nuclear-spin-free; persons having ordinary skill in the art would recognize that nuclear-spin-free sulfur isotopes are 32S, 34S, 36S, as taught, e.g., by Simmons (¶99). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, and Simmons, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of stabilizing NV centers. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani teaches NV centers in diamond. Hatano teaches that the diamond should be n-doped, such as with sulfur, which Thomas teaches should be nuclear-spin-free. Persons having ordinary skill in the art would recognize that the sulfur isotopes that are nuclear-spin-free are 32S, 34S, and 36S, as taught by Simmons. The teachings of Hatano, Thomas, and Simmons are directly applicable to Mariani in the same way, so that Mariani would similarly use diamond doped with nuclear-spin-free sulfur, to improve stability of the NV centers.
Claim(s) 61 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, and Pacheco (“Ion implantation for deterministic single atom devices”).
Regarding claim 61, Mariani does not appear to explicitly disclose that the at least one nitrogen-vacancy center is fabricated by a single ion implantation in predetermined areas of the substrate or, when present, in the epitaxial layer. Pacheco discloses these limitations (Abstract; p. 1, col. 1, ¶2). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, and Pacheco, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of improving control of NV center creation. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani discloses NV centers, which Pacheco teach should be created by single ion implantation. The teachings of Pacheco are directly applicable to Mariani in the same way, so that Mariani would similarly fabricate NV centers through single ion implantation in order to improve control of NV center creation.
Claim(s) 64 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, and Dutt (“Quantum Register Based on Individual Electronic and Nuclear Spin Qubits in Diamond”).
Regarding claim 64, Mariani discloses a device for controlling at least one quantum dot; a substrate; optionally, an epitaxial layer; and the at least one nuclear quantum dot (p. 12, Fig. 1); wherein:
the device for controlling the at least one quantum dot is configured to generate an electromagnetic wave field at respective locations of the at least one quantum dot; the epitaxial layer, when present, is deposited on the substrate; the substrate, or the epitaxial layer when present, has a surface; and the device for controlling the at least one quantum dot is located on the surface (p. 3, ¶1; p. 12, Fig. 1), and further wherein:
the device for driving the at least one quantum dot comprises an electrical horizontal line (p. 12, Fig. 1); and
wherein the substrate comprises a material selected from the group consisting of diamond, 4H-SiC, 6H-SiC, 3C-SiC, germanium, and mixed crystals of elements of group IV of the periodic table, excluding elemental silicon, and wherein green light is used to reset the at least one quantum dot, and wherein the device structure allows said green light to reach the nuclear quantum dot from above or from a backside of the substrate (p. 3, ¶1; p. 4, ¶2; p. 12, Fig. 1);
a quantum bit (p. 3, ¶1), comprising: the device for controlling at least one nitrogen-vacancy center; the substrate; optionally, the epitaxial layer; and the at least one nitrogen-vacancy center (p. 12, Fig. 1), wherein:
the device for driving the at least one nitrogen-vacancy center is configured to generate an electromagnetic wave field at a location of the at least one nitrogen-vacancy center; the epitaxial layer, when present, is deposited on the substrate; the substrate, or, the epitaxial layer, when present, has a surface (p. 3, ¶1; p. 12, Fig. 1);
the nitrogen-vacancy center is a paramagnetic center in the substrate or in the epitaxial layer, when present (p. 4, ¶2; the ground state spin-triplet, zero-field splitting at 2.87 GHz, and optical initialization of spin state by green laser pumping of the |0> state indicate an NV- paramagnetic center);
the device for controlling the at least one nitrogen-vacancy center is located on the surface; the device for controlling the at least one nitrogen-vacancy center is located near the at least one nitrogen-vacancy center (p. 12, Fig. 1); and
the substrate comprises diamond (p. 3, ¶1).
Mariani does not appear to explicitly disclose that the substrate is n-doped in a nitrogen-vacancy region of the at least one nitrogen-vacancy center; and the substrate is doped with nuclear spin-free isotopes in the nitrogen-vacancy region of the at least one nitrogen-vacancy center. Hatano discloses that the substrate is n-doped in a nitrogen-vacancy region of the at least one nitrogen-vacancy center (¶¶67, 71), particularly sulfur, which Thomas discloses should be a nuclear spin-free isotope (¶82). Motivation to combine remains consistent with claim 51.
Mariani does not appear to explicitly disclose a Fermi level is above an energy level of the at least one nitrogen-vacancy center in a band gap in the nitrogen-vacancy region of the at least one nitrogen-vacancy center; however, these limitations are heavily implied, since Mariani is clearly using NV- centers (as discussed above), so the Fermi level would be above the NV center energy level. Nevertheless, Hauf explicitly discloses these limitations (p. 2, Fig. 1). Motivation to combine remains consistent with claim 51.
Mariani does not appear to explicitly disclose a nuclear electron quantum register, that the first quantum bit is a nuclear quantum bit, the nuclear quantum dots comprise isotopes having a magnetic moment in a form of a nuclear spin. Dutt discloses these limitations (p. 1312, col. 2-3). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, and Dutt, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of forming multi-qubit registers for quantum information processing. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani teaches NV center qubits. Dutt teaches quantum registers having coupled nuclear spins and NV centers. The teachings of Dutt are directly applicable to Mariani in the same way, so that Mariani would similarly couple NV centers to nuclear spins to form quantum registers for quantum information processing.
Claim(s) 65 and 66 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, Dutt, and Pacheco.
Regarding claim 65, Mariani does not appear to explicitly disclose that the at least one nuclear quantum dot is fabricated using single ion implantation of isotopes with magnetic moment of an atomic nucleus associated with the at least one nuclear quantum dot. Pacheco discloses these limitations (Abstract; p. 1, col. 1, ¶¶1-2). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, Dutt, and Pacheco, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of improving control of NV center creation. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani discloses qubits comprising NV centers, which Dutt teaches further comprise nuclear quantum dots, and Pacheco teaches should be created by single ion implantation. The teachings of Dutt and Pacheco are directly applicable to Mariani in the same way, so that Mariani would similarly form quantum registers comprising qubits having NV centers and nuclear quantum dots through single ion implantation in order to improve control of qubit formation.
Regarding claim 66, Mariani does not appear to explicitly disclose that the isotopes with the magnetic moment of the atomic nucleus include one or more of 13C-carbon, 14N-nitrogen, 15N-nitrogen or isotopes with a non-zero nucleus magnetic moment µ; Dutt discloses these limitations (p. 1312, col. 3). Motivation to combine remains consistent with claims 64 and 65.
Claim(s) 67-69 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, Dutt, Choi (US 2021/0117845) and Monroe (US 2019/0205784).
Regarding claim 67, Mariani discloses a quantum computer, comprising: the nuclear quantum register according to claim 64 (discussed above with regard to claim 64); a light source; a light source driver; and the quantum bit has a bottom surface opposite the surface (p. 12, Fig. 1); and a method of resetting a quantum dot of the quantum bit with a step of irradiating at least one quantum dot of the quantum dots with light with a wavelength in a wavelength range of 400 nm to 700 nm wavelength and/or 450 nm to 650 nm and/or 500 nm to 550 nm and/or 515 nm to 540 nm, preferably 532 nm wavelength (p. 4, ¶2; p. 12, Fig. 1).
Mariani does not appear to explicitly disclose a control device; wherein: a control signal from the control device determines at which times the light source driver supplies the light source with electrical energy; and further wherein: the control device performs in dependency of at least one quantum OP code in its memory, or the OP codes in a binary file in the memory of the control device include one or more quantum OP codes and, if applicable, OP codes that are not quantum OP codes, the control device executes at least a quantum OP code symbolizing an instruction to manipulate at least one quantum dot, or the control device executes at least a quantum OP code that is an instruction to perform one or more of quantum operations for performing Determination of the common Electron-Electron-microwave frequency for a single quantum dot (MFMW), Determination of the common electron1-electron2-microwave frequency for the coupling of two quantum dots (MFMWEE), Determination of the Nucleus-electron-microwave frequency (MFMWCE), Determination of the nucleus-nucleus radio wave frequency (MFRWC), Determination of electron-nucleus-radio wave frequency (MFRWC),Reset the quantum dot (RESQB), Reset the quantum dot by relaxation (RESQBR), Reset of nucleus-electron quantum registers (RESQRCE), Manipulation of a quantum dot (MQBP), Manipulation of a nuclear quantum dot (MCBP), Selective manipulation of a quantum dot within a quantum register (SMQB), Coupling of a first quantum dot with a second quantum dot (KQBQB), Coupling of a first quantum dot with a nuclear quantum dot (KQBCB), Linkage of a first quantum dot with a nuclear quantum dot (CNQBCBACNOT), Linkage of a first quantum dot with a nuclear quantum dot using an Electron-Nucleus Controlled NOT Operation (CNQBCBBCNOT), Linkage of a first quantum dot with a nuclear quantum dot using an Electron-Nucleus Exchange Operation (CNQBCBCCNOT), Selective evaluation of a quantum dot within a quantum register (VQB), Selective Controlled NOT operation of a quantum dot within a quantum register (SCNQB). Choi discloses these limitations (Fig. 4; ¶¶3, 51, 52). If Choi is found to be unclear regarding the control unit executing quantum opcodes, Monroe discloses the same (¶¶59, 65-67, 81).
It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, Dutt, Choi, and Monroe, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of operating qubits in a quantum processing system. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani teaches optically-driven qubits, which Choi and Monroe teach are used in quantum computing systems having optical controllers. The teachings of Choi and Monroe are directly applicable to Mariani in the same way, so that Mariani would similarly control the light sources driving qubits to perform quantum processing.
Regarding claim 68, Mariani discloses that the quantum bit is mounted such that the bottom surface of the quantum bit can be irradiated with green light such that the green light can reach and affect the quantum dot of the quantum bit (p. 4, ¶2; p. 12, Fig. 1).
Regarding claim 69, Mariani discloses a quantum computer system, comprising: n quantum computers according to claim 67, where n is a positive integer; but does not appear to explicitly disclose a central control unit; one or more data buses; wherein one or more or all the quantum computers of the quantum computer system have a respective control device that is a conventional computer system; and the respective control devices are connected to the central control unit via one or more data buses, which may also be data links. Choi (¶3) and Monroe (¶¶58, 60) disclose these limitations; motivation to combine remains consistent with claim 67.
Claim(s) 70 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mariani in view of Hatano, Thomas, Hauf, Dutt, Choi, Monroe, and Douglass (US 2018/0246848).
Regarding claim 70, Mariani does not appear to explicitly disclose that the central control unit has a memory; and the central control unit stores results of quantum operations of the respective quantum computers in this memory. Douglass discloses these limitations (¶65). It would have been obvious to persons having ordinary skill in the art before the effective filing date of the application to combine the teachings of Mariani, Hatano, Thomas, Hauf, Dutt, Choi, Monroe, and Douglass, because doing so would have involved merely the routine combination of known elements according to known techniques to produce merely the predictable results of obtaining quantum processing results. KSR Int’l Co. v. Teleflex Inc., 82 U.S.P.Q.2d 1385, 1395. Mariani teaches qubits, which are used in quantum processing systems as taught by Choi and Monroe. Persons having ordinary skill in the art would recognize that the results of quantum processing would be stored so that the results can be viewed, used, etc., as taught by Douglass. The teachings of Douglass are directly applicable to Mariani in the same way, so that Mariani would similarly store the results of quantum processing so the results can be viewed, used, etc.
Conclusion
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21 July 2026
/ARIC LIN/ Examiner, Art Unit 2851
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