DETAILED ACTION
This action is in response to the claims filed 2/23/2026. Claims 1-3, 5-6, 8-19 and 21-23 are pending. Claims 1, 5-6, 8, 15 and 18-19 have been amended. Claims 10-14 are withdrawn. Claims 7 and 20 have been cancelled. Claims 22-23 are new. Claims Independent claims 1 and 15, and corresponding dependent claims are directed towards a device and method for quantum-classical hybrid security.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/23/2026 has been entered.
Response to Amendment
In response to the amendment filed 2/23/2026: Applicant has amended the claims, and the corresponding rejections have been altered to address the amended language.
Response to Arguments
Applicant's arguments filed 2/23/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims 1-3, 5-6, 8-19 and 21-23 have been considered but are moot because the arguments are directed to rejections having references, or combinations of references, that include are no longer relied upon, do not apply to any of the references being used in the current rejection.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 “the plurality [[o]]of classical bits” for an apparent typographical error. Appropriate correction is required.
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 of this title, 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, 5-6, 8, 15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes et al. (US 2019/0394030 A1), published Dec. 26, 2019, in view of Nishioka et al. (US 2005/0157875 A1), published Jul. 21, 2005.
As to claim 1, Forbes substantially discloses a hybrid quantum-classical transmitter device (Forbes [Abstract]), comprising: a classical transmitter (Forbes Fig. 2 item 12 & 20; [0073] classical data transmitter in transmitter arrangement) configured to: generate data based on a cryptography technique (Forbes [0146] communication link secured using conventional cryptography with a highly secure key); and generate a classical bitstream representation of the data comprising a plurality of classical bits, wherein the classical bitstream is configured for transmission via an optical communication channel (Forbes [0072] transmitter arrangement configured to perform classical transmission of data, having classical bits via classical beams of light; Fig. 2 item 16; [0071] optical fiber link); and a quantum transmitter (Forbes Fig. 2 items 12 & 18; [0073] quantum key distribution (QKD) encoder in transmitter arrangement) configured to: generate, using a quantum single photon source, one photon or less per qubit to provide one or more qubits (Forbes [0076] transmit or facilitate transmission of a single photon having a particular quantum state as a qubit; [0047] transmitter arrangement configured to attenuate light source to transmit single photon); set values to the one or more qubits (Forbes [0004] quantum state measurements; [0076] qubit is representation of particular quantum state); and embed one or more qubits into the classical bitstream at random positions amongst the plurality of bits to generate a hybrid quantum-classical bitstream for transmission via the optical communication channel (Forbes [0072] classical and quantum transmission of data over same communication medium; [0076] QKD encoder transmits single photon by controlling light source at the beginning, during, and/or end of classical data communication and may be done in a random fashion). Forbes fails to explicitly disclose set values to the one or more qubits by modulating the one or more qubits based on at least one of a computational basis or a Hadamard basis. Nishioka describes a cryptographic communication apparatus. With this in mind, Nishioka discloses set values to the one or more qubits by modulating the one or more qubits based on at least one of a computational basis or a Hadamard basis (Nishioka [0066] describing a qubit that has been formed using the Hadamard transformation during quantum modulating). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the modulation of Nishioka with the qubits of Forbes, such that the qubits are set by modulation using a Hadamard basis, as it would advantageously allow for an improved signal-to-noise ratio (i.e. noise-resiliency) which is provided by using Hadamard basis.
As to claim 5, Forbes and Nishioka disclose the invention as claimed as described in claim 1, including wherein the quantum transmitter is configured to generate the one or more qubits at a same wavelength as the plurality of classical bits of the classical bitstream (Forbes [0011] classical communication and quantum communication comprising non-separable modes in common; [0012] non-separable modes in common are based on two degrees of freedom of which one can be wavelength).
As to claim 6, Forbes and Nishioka disclose the invention as claimed as described in claim 1, including wherein the quantum transmitter is configured to generate the one or more qubits at a same polarization as the plurality of classical bits of the classical bitstream (Forbes [0011] classical communication and quantum communication comprising non-separable modes in common; [0012] non-separable modes in common are based on two degrees of freedom of which one can be polarization).
As to claim 8, Forbes and Nishioka disclose the invention as claimed as described in claim 1, including wherein the quantum transmitter is configured to actively embed the one or more qubits into the classical bitstream using at least one of: one or more switches (Forbes [0076] QKD encoder transmits single photon by controlling light source by switching it on or off at the beginning, during, and/or end of classical data communication and may be done in a random fashion), modulation of a laser source (Nishioka [0066] modulation), or a variable optical attenuator of the quantum transmitter (Forbes [0020] attenuation of a light source).
As to claim 15, Forbes substantially discloses a method (Forbes [Abstract]), comprising: generating data for transmission via an optical communication channel (Forbes [0146] communication link secured using conventional cryptography with a highly secure key); generating a classical bitstream representation of the data comprising a plurality of classical bits, wherein the classical bitstream is configured for transmission via the optical communication channel (Forbes [0072] transmitter arrangement configured to perform classical transmission of data, having classical bits via classical beams of light; Fig. 2 item 16; [0071] optical fiber link); generating, using a quantum single photon source, one photon or less per qubit to provide one or more qubits (Forbes [0076] transmit or facilitate transmission of a single photon having a particular quantum state as a qubit; [0047] transmitter arrangement configured to attenuate light source to transmit single photon); setting values to the one or more qubits (Forbes [0004] quantum state measurements; [0076] qubit is representation of particular quantum state) by modulating the one or more qubits based on at least one of a computational basis or a Hadamard basis; embedding the one or more qubits into the classical bitstream at random positions amongst the plurality of classical bits to generate a hybrid quantum-classical bitstream for transmission via the optical communication channel (Forbes [0072] classical and quantum transmission of data over same communication medium; [0076] QKD encoder transmits single photon by controlling light source at the beginning, during, and/or end of classical data communication and may be done in a random fashion); and transmitting the hybrid quantum-classical bitstream via the optical communication channel (Forbes [0072] classical and quantum transmission of data over same communication medium; [0076] QKD encoder transmits single photon by controlling light source at the beginning, during, and/or end of classical data communication and may be done in a random fashion).
As to claim 18, Forbes and Nishioka disclose the invention as claimed as described in claim 15, including further comprising: generating the one or more qubits at a same wavelength as the plurality of classical bits of the classical bitstream (Forbes [0011] classical communication and quantum communication comprising non-separable modes in common; [0012] non-separable modes in common are based on two degrees of freedom of which one can be wavelength).
As to claim 19, Forbes and Nishioka disclose the invention as claimed as described in claim 15, including further comprising: generating the one or more qubits at a same polarization as the plurality of classical bits of the classical bitstream (Forbes [0011] classical communication and quantum communication comprising non-separable modes in common; [0012] non-separable modes in common are based on two degrees of freedom of which one can be polarization).
Claims 2-3, 16-17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes et al. (US 2019/0394030 A1), published Dec. 26, 2019, in view of Nishioka et al. (US 2005/0157875 A1), published Jul. 21, 2005, in view of Van Vredendaal et al. (US 2023/0246826 A1), filed Jan. 28, 2022.
As to claim 2, Forbes and Nishioka disclose the invention as claimed as described in claim 1, including wherein the data is associated with a key, and wherein the classical transmitter is configured to generate the classical bitstream based on the key (Forbes [0022] quantum bits used for quantum key distribution (QKD); [0146] communication link secured using conventional cryptography with a highly secure key). Forbes and Nishioka fail to explicitly disclose using public key cryptography. Van Vredendaal describes methods for provisioning a cryptographic device with post-quantum cryptography (PQC) keys. With this in mind, Van Vredendaal discloses using public key cryptography (Van Vredendaal [0047] hardware security module performs encryption in support of secure communications; [0038] PQC public key). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the PQC encryption of Van Vredendaal with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the classical communications are encrypted using PQC, as it would advantageously prevent removal of the security of the communications by quantum computers (Van Vredendaal [0003]).
As to claim 3, Forbes and Nishioka substantially disclose the invention as claimed as described in claim 1, including wherein the classical transmitter is configured to generate the data based on a cryptography technique (Forbes [0146] communication link secured using conventional cryptography with highly secure key). Forbes and Nishioka fail to explicitly disclose a quantum-resistant or post-quantum cryptographic technique. Van Vredendaal discloses generating the data based on a quantum-resistant or post-quantum cryptography technique (Van Vredendaal [0003] PQC public key cryptography that can withstand attacks by quantum adversaries; [0037] post-quantum algorithms KyberKEM-512 and LightSaber-r3). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the PQC encryption of Van Vredendaal with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the classical communications are encrypted using PQC, as it would advantageously prevent removal of the security of the communications by quantum computers (Van Vredendaal [0003]).
As to claim 16, Forbes and Nishioka substantially disclose the invention as claimed as described in claim 15, including wherein generating the data comprises generating a key based on a cryptography technique (Forbes [0022] quantum bits used for quantum key distribution (QKD); [0146] communication link secured using conventional cryptography with a highly secure key). Forbes and Nishioka fail to explicitly disclose using public key cryptography. Van Vredendaal discloses using public key cryptography (Van Vredendaal [0047] hardware security module performs encryption in support of secure communications; [0038] PQC public key). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the PQC encryption of Van Vredendaal with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the classical communications are encrypted using PQC, as it would advantageously prevent removal of the security of the communications by quantum computers (Van Vredendaal [0003]).
As to claim 17, Forbes and Nishioka substantially disclose the invention as claimed as described in claim 15, including wherein generating the data comprises generating the data based on a cryptography technique (Forbes [0146] communication link secured using conventional cryptography with highly secure key). Forbes and Nishioka fail to explicitly disclose a quantum-resistant cryptographic technique. Van Vredendaal discloses generating the data based on a quantum-resistant cryptography technique (Van Vredendaal [0003] PQC public key cryptography that can withstand attacks by quantum adversaries; [0037] post-quantum algorithms KyberKEM-512 and LightSaber-r3). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the PQC encryption of Van Vredendaal with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the classical communications are encrypted using PQC, as it would advantageously prevent removal of the security of the communications by quantum computers (Van Vredendaal [0003]).
As to claim 21, Forbes, Nishioka and Van Vredendaal disclose the invention as claimed as described in claim 2, including wherein at least one of the one or more qubits embedded into the classical bitstream comprises a portion of the public key (Forbes [0022] quantum bits used for quantum key distribution (QKD); Van Vredendaal [0038] PQC public key).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Forbes et al. (US 2019/0394030 A1), published Dec. 26, 2019, in view of Nishioka et al. (US 2005/0157875 A1), published Jul. 21, 2005, in view of Li et al. (US 2020/0266978 A1), published Aug. 20, 2020.
As to claim 9, Forbes and Nishioka substantially disclose the invention as claimed as described in claim 1, including wherein the quantum transmitter is configured to embed the one or more qubits into the classical bitstream (Forbes [0079] classical and quantum transmitted over medium in alternating fashion, can be simultaneous). Forbes and Nishioka fail to explicitly disclose a beam combiner. Li describes a key generation device and method. With this in mind, Li discloses the quantum transmitter is configured to passively embed the one or more qubits into the classical bitstream using a beam combiner (Li Fig. 5 item 530 beam combiner; [0077] beam combiner configured to combine the LO and the quantum signal that carries a key; [0055] LO is light source). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the key generation of Li with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the mixing of classical and quantum communications is performed by a beam combiner, as it would advantageously allow for an increased success rate of preparing and transmitting an initial key (Li [0005]).
Claims 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Forbes et al. (US 2019/0394030 A1), published Dec. 26, 2019, in view of Nishioka et al. (US 2005/0157875 A1), published Jul. 21, 2005, in view of Langford et al. (US 2010/0079833 A1), published Apr. 1, 2010.
As to claims 22 and 23, Forbes and Nishioka substantially disclose the invention as claimed as described in claims 1 and 15, respectively, failing, however, to explicitly disclose wherein the quantum single photon source is based on a non-linear effect comprising at least one of: spontaneous parametric down-conversion or spontaneous parametric four-wave mixing. Langford describes a system and method for the controlled generation, manipulation, and conversion of individual photons. With this in mind, Langford discloses wherein the quantum single photon source is based on a non-linear effect comprising a spontaneous parametric down-conversion (Langford [0012] optical single-photon source may be a spontaneous parametric down-conversion source). It would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains to combine the optical single-photon source with the system for hybrid classical-quantum communication of Forbes and Nishioka, such that the light source is a spontaneous parametric down-conversion source, as it would advantageously provide the best available source for single photons and for generating photonic entanglement (Langford [0032]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fang (US 2012/0149581 A1) is related to creating a quantum dot network structure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC W SHEPPERD whose telephone number is (571)270-5654. The examiner can normally be reached Monday - Thursday, Alt. Friday, 7:30AM - 5:00PM, EST.
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, Rupal Dharia can be reached at (571)272-3880. 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.
/ERIC W SHEPPERD/
Examiner, Art Unit 2492
ERIC W. SHEPPERD
Primary Examiner
Art Unit 2492