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 .
Election/Restrictions
Claims 39-42 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/15/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 24-31, 44 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for some examples of a molecular qubit, does not reasonably provide enablement for the entire breadth of the claimed molecular structures. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention commensurate in scope with these claims.
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
The breadth of the claims, and F. the amount of direction provided by the inventor, and G. The existence of working examples. The scope of the claims covers any molecule having a metal-atom center bonded to a plurality of strong field ligands and wherein the ground state of the molecule has a non-zero spin and having an optical transition between the ground state and a first excited state being in the optical or infrared regions of the EM spectrum and wherein the ground state has sublevels such that a spin transition between these levels is with in the microwave or millimeter waver region of the EM spectrum. The scope of the claimed invention covers millions of possible examples that are not wholly supported by concrete examples in the disclosure. The disclosure provides a few specific molecular examples including Cr(o-tolyl)4 ([0080]), Ge(o-tolyl)4 ([0057]), Sn(o-tolyl)4 ([0101]), Cr(2, 3 dimethylphenyl)4, Cr(2, 4 dimethylphenyl)4 ([0092-0093]), Sn(2, 3 dimethylphenyl)4, Sn(2, 4 dimethylphenyl)4 ([0101]), Ge(2, 3 dimethylphenyl)4 ([0102]). In all the fleshed out examples the ligands are aryl ligands around a central metal atom of either chromium, tin or germanium. There is no disclosure instructing the ordinary skilled artisan how to make and/or use the entire breadth of the claimed invention.
The nature of the invention, and C: The state of the prior art. Quantum computing technologies utilize the quantum properties of matter such as superposition, tunneling and entanglement to act as qubits. As such a qubit should be or have 1. A long coherence time, which is the lifetime of the superposition state, 2. Initialized in a specific initial state, 3. Well-defined and scalable, 4. Individually measurable, 5. Able to device universal quantum gates (DiVincenzo, D. P. The Physical Implementation of Quantum Computation. Fortschr. Phys. 2000, 48, 771−783.)
Molecular qubits exploit the electronic and nuclear spins of magnetic molecules. These molecules have been investigated for their use as long term data storage since the 1990s. However, the use of metal-organic frameworks for the synthesis of molecular qubits is relatively new especially those having the defined characteristics of a functional qubit. (Matteo Atzori, Roberta Sessoli; The Second Quantum Revolution: Role and Challenges of Molecular Chemistry. Journal American Chemical Society 24 July 2019; 141 (29): 11339–11352.)
Enablement conclusion:
The examiner has considered the factors above and found that the specification does not provide adequate teachings so as to provide the public with how to make and/or use entire breadth of the claimed invention. Accordingly, claims 24-31 and 44 are rejected for lack of enablement of the entire scope of the claims.
Claims 32-38 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for some examples of a molecular structures, does not reasonably provide enablement for the entire breadth of the claimed molecular structures. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention commensurate in scope with these claims.
(A) The breadth of the claims;
(B) The nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
The breadth of the claims, and F. the amount of direction provided by the inventor, and G. The existence of working examples. The scope of the claims covers any molecule having a metal-atom center of either Ti2+, V3+, Cr4+, Mo4+, W4+, Mn4+, Fe2+,Co1+, or Ni2+ bonded to a 4-6 ligands chosen from cyano, nitro, amido, aryl, heteroaryl, deuterated heteroaryl in a monodentate configuration. . The scope of the claimed invention covers trillions of possible permutations that are not wholly supported by concrete examples in the disclosure. The disclosure provides a few specific molecular examples including Cr(o-tolyl)4 ([0080]), Ge(o-tolyl)4 ([0057]), Sn(o-tolyl)4 ([0101]), Cr(2, 3 dimethylphenyl)4, Cr(2, 4 dimethylphenyl)4 ([0092-0093]), Sn(2, 3 dimethylphenyl)4, Sn(2, 4 dimethylphenyl)4 ([0101]), Ge(2, 3 dimethylphenyl)4 ([0102]). In all the fleshed out examples the ligands are aryl ligands around a central metal atom of either chromium, tin or germanium. There is no disclosure instructing the ordinary skilled artisan how to make and/or use the entire breadth of the claimed invention.
The nature of the invention, and C: The state of the prior art. Quantum computing technologies utilize the quantum properties of matter such as superposition, tunneling and entanglement to act as qubits. As such a qubit should be or have 1. A long coherence time, which is the lifetime of the superposition state, 2. Initialized in a specific initial state, 3. Well-defined and scalable, 4. Individually measurable, 5. Able to device universal quantum gates (DiVincenzo, D. P. The Physical Implementation of Quantum Computation. Fortschr. Phys. 2000, 48, 771−783.)
Molecular qubits exploit the electronic and nuclear spins of magnetic molecules. These molecules have been investigated for thewir use as long term data storage since the 1990s. However, the use of metal-organic frameworks for the synthesis of molecular qubits is relatively new especially those having the defined characteristics of a functional qubit. (Matteo Atzori, Roberta Sessoli; The Second Quantum Revolution: Role and Challenges of Molecular Chemistry. Journal American Chemical Society 24 July 2019; 141 (29): 11339–11352.)
Enablement conclusion:
The examiner has considered the factors above and found that the specification does not provide adequate teachings so as to provide the public with how to make and/or use entire breadth of the claimed invention. Accordingly, claims 32-42 are rejected for lack of enablement of the entire scope of the claims.
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.
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fataftah MS , Freedman DE . Progress towards creating optically addressable molecular qubits. Chem Commun (Camb). 2018 Dec 6;54(98):13773-13781 (Fataftah).
Re claims 32 and 33, Fataftah teaches a metal-ligand complex of formula (I):
M
L
0
n
(I) wherein:
M is selected from the group consisting of Ti2+, V3+, Cr4+, Mo4+, W4+, Mn4+, Fe2+, Co1+, and Ni2+
L0 for each occurrence represents a monodentate ligand independently selected from the group consisting of cyano, nitro, amido, aryl, deuterated aryl, heteroaryl, and deuterated heteroaryl, wherein said aryl, deuterated aryl, heteroaryl, and deuterated heteroaryl are optionally substituted by one, two, or three substituents independently selected from the group consisting of C1.6 alkyl, deuterated C1.6 alkyl, halo, C1.6 alkoxy, deuterated C1.6 alkoxy, C1.6 haloalkyl, and deuterated C1.6 haloalkyl; and
n is 4, 5, or 6 (claim 32);
wherein when M is V3+, n is 4 or 5; when M is Cr4+, n is 4; when M is Mo4+, n is 4; when W4+, n is 4; and when M is Ni2+, n is 6 (claim 33) (compound (1)V3+ bonded to 4 aryl groups Fig. 6a. [V(C6Cl5)4]- pg 54 Col. 2).
PNG
media_image1.png
414
534
media_image1.png
Greyscale
Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith, Karen & House, Christopher & Arevalo, Ricardo & Dworkin, Jason & Callahan, Michael. (2019). Organometallic compounds as carriers of extraterrestrial cyanide in primitive meteorites. Nature Communications. 10. 10.1038/s41467-019-10866-x. (Smith).
Re claims 32 and 33, Smith teaches a metal-ligand complex of formula (I):
M
L
0
n
(I) wherein:
M is selected from the group consisting of Ti2+, V3+, Cr4+, Mo4+, W4+, Mn4+, Fe2+, Co1+, and Ni2+
L0 for each occurrence represents a monodentate ligand independently selected from the group consisting of cyano, nitro, amido, aryl, deuterated aryl, heteroaryl, and deuterated heteroaryl, wherein said aryl, deuterated aryl, heteroaryl, and deuterated heteroaryl are optionally substituted by one, two, or three substituents independently selected from the group consisting of C1.6 alkyl, deuterated C1.6 alkyl, halo, C1.6 alkoxy, deuterated C1.6 alkoxy, C1.6 haloalkyl, and deuterated C1.6 haloalkyl; and
n is 4, 5, or 6 (claim 32);
wherein when M is V3+, n is 4 or 5; when M is Cr4+, n is 4; when M is Mo4+, n is 4; when W4+, n is 4; and when M is Ni2+, n is 6 (claim 33) (Claim 33 is a conditional limitation and Smith teaches only the option when M is Fe2+ , Smith teaches the base claim and as Smith does not meet the “when” conditions of claim 33 none of these limitations further limit the M is Fe2+ complex of the base claim Fe2+ bonded to 4 or 5 cyano ligands Fig. 3a-b. [FeII(CN)4 or 5]- pg 5 Col. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Michael J. Graham, Joseph M. Zadrozny, Muhandis Shiddiq, John S. Anderson, Majed S. Fataftah, Stephen Hill, Danna E. Freedman; Influence of Electronic Spin and Spin–Orbit Coupling on Decoherence in Mononuclear Transition Metal Complexes. Journal American Chemical Society 28 May 2014; 136 (21): 7623–7626. https://doi.org/10.1021/ja5037397
PNG
media_image2.png
593
738
media_image2.png
Greyscale
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIGITTE A PATERSON whose telephone number is (571)272-1752. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William Kraig can be reached at 571-272-8660. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
BRIGITTE A. PATERSON
Primary Examiner
Art Unit 2896
/BRIGITTE A PATERSON/Primary Examiner, Art Unit 2896
Prosecution Insights