DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Drawings. Applicant asserts that the figures 5A and 5B have sufficient keys to allow interpretation. Examiner respectfully disagrees. As to figures 5A and 5B, although it appears to be apparent what HEA, and VHA refers to based on line thickness, it is not apparent what represents QOCA and scalable QOCA. Furthermore, it is not apparent what each of the dashed lines represent based on the key. As to figure 6 it appears that all lines in the graph are the same thickness not corresponding to the key. Examiner suggests further indicators in the key and/or tag lines for each line, dashed line
Specification. The objection to the specification is withdrawn based on amendment to the specification.
Claim objections. The objections to the claims set forth in the office action dated 04/01/26 are withdrawn based on amendment to claims. See new objections below, necessitated by amendment.
35 USC 112(b). The rejection of claims 2 and 17 under 35 USC 112(b) are withdrawn based on amendment to claims. See new rejections below necessitated by amendment.
35 USC 102. The rejection of claims 1-7 and 14-17 are withdrawn based on amendment to claims.
Drawings
The drawings re objected to because the keys for interpretation of figures 5A, 5B, and 6 do not allow interpretation of the plots in the figures. As to figures 5A and 5B, although it appears to be apparent what HEA, and VHA refers to based on line thickness, it is not apparent what represents QOCA and scalable QOCA. Furthermore, it is not apparent what each of the dashed lines represent based on the key. As to figure 6 it appears that all lines in the graph are the same thickness not corresponding to the key. Examiner suggests further indicators in the key and/or tag lines for each line, dashed line. Suitable 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.
Claim Objections
Claims 15-34 are objected to because of the following informalities.
Claim 18 line 3 appears to include a period after the word processor. Claims 15-17, 19, and 24-26 inherit the same deficiency as claim 18 based on dependence.
Claim 18 line 4 recites Hproblem with some type of indicator over the H, which is not legible, in addition to the word problem not being clearly legible. Claims 15-17, 19, and 24-26 inherit the same deficiency as claim 18 based on dependence.
Claim 18 line 4 recites Hproblem in which the word problem not being clearly legible. Claims 15-17, 19, and 24-26 inherit the same deficiency as claim 18 based on dependence.
Claim 19 line 2 appears to recite
H
^
k
, which is not clearly legible. Furthermore, it is not clear whether a period is being inserted at the end of the claim.
Claim 20 line 2 appears to include a period after the word which. Claims 21, and 27-32 inherit the same deficiency as claim 20 based on dependence.
Claim 20 line 4 recites Hproblem with some type of indicator over the H, which is not legible, in addition to the word problem not being clearly legible. Claims 21, and 27-32 inherit the same deficiency as claim 20 based on dependence.
Claim 20 line 5 recites Hproblem in which the word problem not being clearly legible, in addition to a period seemingly after Hproblem. Claims 21, and 27-32 inherit the same deficiency as claim 20 based on dependence.
Claim 20 line 6 recites includes some artifact after the equation and before the comma. It is not clear whether this reflects an insert space or something else. Claims 21, and 27-32 inherit the same deficiency as claim 20 based on dependence.
Claim 20 line 9 appears to end in two periods. Claims 21, and 27-32 inherit the same deficiency as claim 20 based on dependence.
As to claim 21, the equations for
H
^
1
and
H
^
2
are not legible.
Claim 22 line 4, and line 5 each recite Hproblem with some type of indicator over the H, which is not legible, in addition to the word problem not being clearly legible, and in addition the H with some other indicators at the end of line 4 is also not legible. Claims 33-34 inherit the same deficiency as claim 22 based on dependence.
Claim 22 line 7 includes some artifacts before and after the strikeout of the word the. It is not clear if these represent insertions of a space or something else. Claims 33-34 inherit the same deficiency as claim 22 based on dependence.
Claim 23 line 2 appears to include a period after the word which.
Claim 23 line 4, line 5, and line 6 each recite Hproblem with some type of indicator over the H, which is not legible, in addition to the word problem not being clearly legible, and in addition the H with some other indicators at the end of line 4 is also not legible.
Appropriate correction is required.
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.
Claims 26 and 32 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.
Claim 26 line 4 recites “the expectation value of
H
^
P
r
o
b
l
e
m
”. This limitation lacks antecedent basis. It is unclear to which expectation value this refers to. Furthermore, line 6 recites “the expectation value”. It is unclear if this refers to recites “the expectation value of
H
^
P
r
o
b
l
e
m
” recited in line 4 or a different expectation value.
Claim 26 line 5 recites “the parameters of the quantum circuit”, and further reciting in line 7-8. This limitation lacks antecedent basis. Lines 1-2 recite a parameterized quantum circuit having a plurality of variable parameters. It is not clear whether the parameters of the quantum circuit refers to the variable parameters or some other parameters of the parameterized quantum circuit. Claim 32 recites substantially the same limitations and is rejected for the same reason.
Allowable Subject Matter
For the reasons set forth in the office action dated 04/01/26, claims 15-25, 27-31 and 33-34 would be allowable if rewritten to overcome relevant respective claim objections. Claims 26 and 32 would be allowable if rewritten to overcome the rejections under 35 USC 112b and the claim objections.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E LAROCQUE whose telephone number is (469)295-9289. The examiner can normally be reached on 10:00am - 1200pm, 2:00pm - 8pm ET M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Andrew Caldwell can be reached on 571-272-3701. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMILY E LAROCQUE/Examiner, Art Unit 2182
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