Prosecution Insights
Last updated: August 10, 2026
Application No. 18/179,459

QKD APPARATUS, QKD SYSTEM, QKD START CONTROL METHOD, AND COMPUTER PROGRAM PRODUCT

Non-Final OA §102
Filed
Mar 07, 2023
Priority
Jul 27, 2022 — JP 2022-119667
Examiner
JOHNSON, AMY COHEN
Art Unit
2400
Tech Center
2400 — Computer Networks
Assignee
Kabushiki Kaisha Toshiba
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
285 granted / 530 resolved
-4.2% vs TC avg
Strong +22% interview lift
Without
With
+21.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
104 currently pending
Career history
879
Total Applications
across all art units

Statute-Specific Performance

§101
3.0%
-37.0% vs TC avg
§103
54.8%
+14.8% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 530 resolved cases

Office Action

§102
CTNF 18/179,459 CTNF 74464 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 07-38-02 AIA Applicant’s arguments, see pages 8-11 , filed October 7, 2025 , with respect to the rejection(s) of claim(s) 1-10 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US patent publication 20220294616 granted to Parry et al . Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US patent publication 20220294616 granted to Parry et al . Regarding claim 1, Parry meets the claimed limitations as follows: “A quantum key distribution (QKD) apparatus comprising one or more hardware processors” see paragraph [0040] ( The present system is connected with a set of QKD communication links 28 between pairs of QKD devices 24 (see also FIG. 6 described below)” “configured to: perform inter-QKD-apparatus connection authentication indicating authentication processing with an opposing QKD apparatus, and key manager (KM)-QKD connection authentication indicating authentication processing with an opposing KM apparatus;” see paragraph [0038] (The KMSs 12 coordinate securely through a communications channel that is typically a conventional network, with an authenticated connection . . .)” “and enable a QKD function in a case where the inter-QKD-apparatus connection authentication is successful and the KM-QKD connection authentication is successful, wherein the QKD function includes a function of providing a cryptographic key generated by QKD to the opposing KM apparatus” see paragraph [0067] (indicate a successful receipt of all message slices containing the key material bits and a matching authentication value . . .)” “and the KM-QKD connection authentication includes processing of verifying the opposing KM apparatus.” see paragraph [0070] (recipients will receive Key Swap Confirm Ack message(s) and validate the authentication of a Key Swap Confirm Ack message(s)). Regarding claim 2, Parry meets the claimed limitations as follows: “The apparatus according to claim 1, further comprising a communication interface, wherein the one or more hardware processors are further configured to cause the communication interface to transmit, to a management system that manages a QKD system, a request for QKD apparatus-management system connection authentication indicating authentication processing with the management system, in a case where the inter-QKD-apparatus connection authentication is successful and the KM-QKD connection authentication is successful, and the one or more hardware processors are configured to enable the QKD function in a case where it is mutually verified that the QKD apparatus is valid and the management system is valid by the QKD apparatus-management system connection authentication.” see paragraph [0070] (recipients will receive Key Swap Confirm Ack message(s) and validate the authentication of a Key Swap Confirm Ack message(s) . . .) Regarding claim 3, Parry meets the claimed limitations as follows: “The apparatus according to claim 1, further comprising a communication interface, wherein the one or more hardware processors are further configured to cause the communication interface to transmit, to a management system that manages a QKD system, a request for QKD apparatus-management system connection authentication indicating authentication processing with the management system, the one or more hardware processors are configured to perform the inter-QKD- apparatus connection authentication and the KM-QKD connection authentication in a case where the QKD apparatus-management system connection authentication is successful.” see paragraph [0067] Regarding claim 4, Parry meets the claimed limitations as follows: “The apparatus according to The apparatus according to wherein the KM-QKD connection authentication includes processing of verifying whether or not a KM apparatus connected to the opposing QKD apparatus and a KM apparatus that has an inter-KM-apparatus connection to the opposing KM apparatus are identical.” see paragraph [0070] Regarding claim 5, Parry meets the claimed limitations as follows: “The apparatus according to The apparatus according to wherein the QKD function further includes a function of generating the cryptographic key by QKD.” see paragraph [0034] (QKD will generate quantum key material . . .) Regarding claim 6, Parry meets the claimed limitations as follows: “The apparatus according to claim 1, further comprising a communication interface, wherein the one or more hardware processors are further configured to cause the communication interface to transmit, to the opposing QKD apparatus, a QKD start request indicating a request for the inter-QKD-apparatus connection authentication, the QKD start request includes a QKD performance index,” {see paragraphs [0034]-[0035]. As understood by the examiner the performance index is the key distribution speed (see applicant’s specification; paragraph [0045] which is considered to be equivalent to Parry’s method of the hosts choosing the transfer speed used by the QKD to generate the quantum key material.} “the inter-QKD-apparatus connection authentication includes processing of mutually verifying validity of the QKD apparatus and validity of the opposing QKD apparatus, and processing of verifying whether or not the QKD performance index is satisfied, and the one or more hardware processors are configured to determine that the inter- QKD-apparatus connection authentication is successful in a case where the validity of the QKD apparatus and the validity of the opposing QKD apparatus are mutually verified and the QKD performance index is satisfied.” see paragraph [0070] Regarding claim 7, Parry meets the claimed limitations as follows: “The apparatus according to claim 1, further comprising a communication interface, wherein the one or more hardware processors are further configured to generate the cryptographic key by QKD with the opposing QKD apparatus verified to be valid by the inter-QKD-apparatus connection authentication; and cause the communication interface to provide the cryptographic key to the opposing KM apparatus verified to be valid by the KM-QKD connection authentication.” see paragraphs [0070] (recipients will receive Key Swap Confirm Ack message(s) and validate the authentication of a Key Swap Confirm Ack message(s) . . .) Claim 8 is a system claim that is substantially equivalent to apparatus claim 1. Parry discloses a plurality of QKD apparatuses and a plurality of key manager (KM) apparatuses (see Figure 6). Therefore claim 8 is rejected by a similar rationale. Claim 9 is a method claim that is substantially equivalent to apparatus claim 1. Therefore claim 9 is rejected by a similar rationale. Claim 10 is a program product comprising a non-transitory computer-readable medium claim that is substantially equivalent to apparatus claim 1. Parry discloses a non-transitory computer-readable medium (see paragraphs [0012] and [0084]). Therefore claim 10 is rejected by a similar rationale. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW B SMITHERS whose telephone number is (571)272-3876. The examiner can normally be reached 8:00-4:00 (Teleworking). 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, Alexander Lagor can be reached at 571-270-5143. 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. /MATTHEW SMITHERS/ Primary Examiner Art Unit 2437 Application/Control Number: 18/179,459 Page 2 Art Unit: 2437 Application/Control Number: 18/179,459 Page 3 Art Unit: 2437 Application/Control Number: 18/179,459 Page 4 Art Unit: 2437 Application/Control Number: 18/179,459 Page 5 Art Unit: 2437 Application/Control Number: 18/179,459 Page 6 Art Unit: 2437 Application/Control Number: 18/179,459 Page 7 Art Unit: 2437
Read full office action

Prosecution Timeline

Show 2 earlier events
Mar 31, 2025
Response Filed
Jul 07, 2025
Non-Final Rejection mailed — §102
Sep 22, 2025
Interview Requested
Sep 26, 2025
Interview Requested
Oct 01, 2025
Applicant Interview (Telephonic)
Oct 01, 2025
Examiner Interview Summary
Oct 07, 2025
Response Filed
Jan 05, 2026
Non-Final Rejection mailed — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
54%
Grant Probability
75%
With Interview (+21.6%)
2y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 530 resolved cases by this examiner. Grant probability derived from career allowance rate.

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