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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-19 in the reply filed on 01/19/2026 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10, 11, 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The recitation in claims 10 and 11 of “a third substrate” in line 2 renders the claims indefinite. There does not appear to be antecedent basis for a second substrate. As such, it is unclear what the “third substrate” is meant to connote.
The recitation in claim 14, lines 8 of “third Josephson junction”, line 10 of “third Josephson junction”, “the first Josephson junction, the second Josephson junction, the third Josephson junction” in lines 13-14 renders the claim indefinite. It appears these recitations are meant to refer to the respective inductors and not Josephson junctions.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 11, 13 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by JP 2018-11266.
Regarding claims 1-2, 13; 266 teaches an electronic circuit [0002] comprising a first nonlinear element including a first element JJ provided in a first region of a first surface including the first region and a second region (fig. 8, #20, 62, PF4; [0064-0066, 0085]), a second nonlinear element including a second element JJ provided in the second region (multiple elements 20 making up JJ on first surface of 62; fig. 8, #20, 62, PF4; [0064-0066, 0085]), and a third nonlinear element including a JJ circuit, at least part of the JJ circuit being provided on a second surface, the second surface being separated from the first surface in a first direction crossing the first surface (surface PF2 separate from PF4 in a first direction crossing the surface; fig. 8, #PF2, PF4; [0065-0066]), the third nonlinear element being configured to be coupled with the first nonlinear element, the third nonlinear element being configured to be coupled with the second nonlinear element (element 20 on PF2 coupled to multiple element 20 on PF4 via coupler 91; fig. 8, #PF2, PF4, 20, 91; [0065-0066]).
Regarding claims 11, 266 teaches a second substrate including a third and fourth surface, the third surface facing the second surface, the third surface being between the fourth and second surface (fig. 8, #61, PF1; [0064-0066]), a first control conductive portion extending in the second substrate in the first direction and electrically connected to a first control conductive member (multiple elements connecting the second substrate to the first substrate connected to conductive body 10; fig. 8, #10, 61; [0064-0066]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2018-11266 in view of Schoelkopf (US 10424712).
Regarding the first and second nonlinear elements provided on a first substrate and the third nonlinear element provided on a second substrate of claim 12, Schoelkopf teaches a superconductor device wherein three components are coupled wherein two of them are on one substrate and the third component is disposed on another abutting substrate (col. 8, line 45-col. 9, line 25).
Therefore, it would have been obvious to provide the different components of 266 on different substrates in order to provide a configuration known in the art as taught by Shoelkopf.
Additionally, it would have been obvious to one of ordinary skill in the art to provide this configuration in view of the disclosure of 266 as it would have been obvious to provide two substrates together such that the first and second elements would be on one side of the first substrate and the third element would be on one side of the second substrate. MPEP 2144. 04 (IV) (C).
Allowable Subject Matter
Claims 3-9 and 15-19 are 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: the prior art of record fails to teach or suggest the circuit includes a first JJ, a second JJ and a third JJ in a loop with a first, second, and third conductive member, the first nonlinear element is configured to be coupled with the first conductive member, and the second nonlinear element is configured to be coupled with the second conductive member in combination with the limitations of claims 1-3.
Claim 10, 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/PAUL A WARTALOWICZ/ Primary Examiner, Art Unit 1735