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 .
Priority
Application is a continuation of Patent No. US 9940212 B2, filed on 06/07/2019.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/17/2023 is in compliance
with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
A computer-implemented method for determining quantum processor operating parameters, the method comprising:
A computer-implemented method comprising:
represented by a graph comprising nodes and edges, wherein each node represents a respective qubit and is associated with a value representing an operating parameter of the respective qubit, and wherein each edge represents a respective interaction between two qubits and is associated with a value representing an operating parameter of the respective interaction;…
for a quantum processor having a plurality of interacting qubits and represented by a graph comprising nodes and edges, wherein each node represents a respective qubit and is associated with a value representing an operating parameter of the respective qubit, and each edge represents a respective interaction between two qubits and is associated with a value representing an operating parameter of the respective interaction:
…identifying, by a classical computing device, one or multiple disjoint subsets of nodes or one or multiple disjoint subsets of edges, wherein nodes in a subset of nodes are related via the traversal rule and edges in a subset of edges are related via the traversal rule;
determining, by a classical computing device, calibrated values for nodes or edges in one or more disjoint subsets of nodes, wherein nodes in each disjoint subset of nodes are related via a node-traversal rule,
determining, by a classical computing device, calibrated values for the nodes or edges in each subset, comprising, for each subset: selecting a seed node or a seed edge in the subset; stepwise, for the selected seed node or seed edge, and for each subsequent node or edge: performing a constrained optimization using i) an objective function for the node or edge, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of nodes or edges in the graph, to determine a calibrated value for the node or edge;
the determining comprising, for each disjoint subset of nodes: selecting a seed node in the subset; stepwise, for the selected seed node, and for each subsequent node: performing a constrained optimization using i) an objective function for one or more nodes and one or more edges, and ii) one or more constraints based on calibrated values in the calibrated operating frequency mapping of calibrated nodes or edges within a local region of predetermined size around the node, to determine a calibrated value for the node and one or more edges that connect the node to an already calibrated node;
determining whether each node or edge in the subset has been calibrated;
determining whether each node or edge in the subset has been calibrated;
in response to determining that each node or edge in the subset has not been calibrated, traversing the graph based on the traversal rule to select a subsequent node or edge for the step.
and in response to determining that each node or edge in the subset has not been calibrated, traversing the graph based on a node-traversal rule to select a subsequent node for the step.
Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, further comprising storing the determined calibrated value in the calibrated operating parameter mapping.
The method of claim 2, further comprising storing the determined calibrated value in the calibrated operating parameter mapping.
Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, wherein the traversal rule comprises an undirected traversal rule.
The method of claim 2, wherein the node-traversal rule comprises an undirected node-traversal rule.
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, further comprising, in response to determining that each node or edge in the subset has been calibrated: determining whether each node or edge in the graph has been calibrated; and in response to determining that each node or edge in the graph has been calibrated, setting the operating parameters of the quantum processor to the calibrated values included in the calibrated operating parameter mapping.
The method of claim 2, further comprising, in response to determining that each node or edge in the subset has been calibrated, setting operating parameters of the quantum processor to the calibrated values included in the calibrated operating parameter mapping.
Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, further comprising: determining whether any calibrated values of nodes or edges have timed out; and in response to determining that a calibrated value of a node or edge has timed out: updating the calibrated frequency mapping;
The method of claim 2, further comprising: determining whether any calibrated values of nodes or edges have timed out; and in response to determining that a calibrated value of a node or edge has timed out: updating the calibrated frequency mapping;
discarding calibration values in a local region of predetermined size around the timed out calibrated value; maintaining calibrated values outside of the local region; and recalibrating the graph
discarding calibration values in a local region of predetermined size around the timed out calibrated value; maintaining calibrated values outside of the local region; and recalibrating the graph.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 - 10 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 9, further comprising: selecting a graph traversal algorithm, wherein the graph traversal algorithm comprises an algorithm that traverses edges of the graph based on an edge traversal rule;
The method of claim 2, further comprising: selecting a graph traversal algorithm, wherein the graph traversal algorithm comprises an algorithm that traverses edges of the graph based on an edge traversal rule;
identifying one or more disjoint subsets of edges, wherein nodes and edges in each of the disjoint subsets are connected using the traversal rule;
identifying one or more disjoint subsets of edges, wherein nodes and edges in each of the disjoint subsets are connected using the traversal rule;
determining calibrated values of the edges in each subset, comprising, for each subset: selecting a seed edge in the subset;
determining calibrated values of the edges in each subset, comprising, for each subset: selecting a seed edge in the subset;
stepwise, for the selected seed edge, and for each subsequent edge: performing a constrained optimization using i) an objective function for the edge, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of edges in the graph, to determine a calibrated value for the edge;
stepwise, for the selected seed edge, and for each subsequent edge: performing a constrained optimization using i) an objective function for the edge, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of edges in the graph, to determine a calibrated value for the edge;
determining whether each edge in the subset has been calibrated;
determining whether each edge in the subset has been calibrated;
in response to determining that each edge in the subset has not been calibrated, traversing the graph based on the traversal rule to select a subsequent edge for the step.
in response to determining that each edge in the subset has not been calibrated, traversing the graph based on the traversal rule to select a subsequent edge for the step.
Claim 10 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 - 12 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 11, further comprising: selecting a graph traversal algorithm, wherein the graph traversal algorithm comprises an algorithm that traverses nodes of the graph based on an node traversal rule; determining a complete traversal set comprising one or more disjoint subsets of nodes, wherein nodes and edges in each of the disjoint subsets are connected using the traversal rule;
The method of claim 2, further comprising: determining a complete traversal set comprising one or more disjoint subsets of nodes, wherein nodes and edges in each of the disjoint subsets are connected using the traversal rule;
determining calibrated values of the nodes in each subset, comprising, for each subset: selecting a seed node in the subset;
determining calibrated values of the nodes in each subset, comprising, for each subset: selecting a seed node in the subset;
stepwise, for the selected seed node, and for each subsequent node: performing a constrained optimization using i) an objective function for the node, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of nodes in the graph, to determine a calibrated value for the node;
stepwise, for the selected seed node, and for each subsequent node: performing a constrained optimization using i) an objective function for the node, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of nodes in the graph, to determine a calibrated value for the node; determining whether each node in the subset has been calibrated;
in response to determining that each node in the subset has not been calibrated, traversing the graph based on the traversal rule to select a subsequent node for the step.
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, wherein determining calibrated values of the nodes or edges in each subset is performed in parallel for each subset
The method of claim 2, wherein determining calibrated values of the nodes or edges in each subset is performed in parallel for each subset.
Claim 12 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, further comprising: separating the graph of nodes and edges into multiple subgraphs;
The method of claim 2, further comprising: separating the graph into multiple subgraphs;
determining calibrated values for nodes or edges in subsets of some or all of the multiple subgraphs in parallel;
determining calibrated values for nodes or edges in subsets of some or all of the multiple subgraphs in parallel;
recombining the subgraphs into the graph; determining whether the graph comprises one or more un-calibrated subgraphs;
recombining the subgraphs into the graph; determining whether the graph comprises one or more un-calibrated subgraphs;
and in response to determining that the graph comprises one or more un-calibrated subgraphs, calibrating the graph.
and in response to determining that the graph comprises one or more un-calibrated subgraphs, calibrating the graph.
Claim 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, wherein selecting the graph traversal algorithm comprises selecting the graph traversal algorithm based on the interactions between qubits in the quantum processor.
The method of claim 2, further comprising selecting the node-traversal rule, comprising selecting the node-traversal rule based on the interactions between qubits in the quantum processor
Claim 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
The method of claim 1, wherein the operating parameter of the respective qubit comprises an idling frequency, readout frequency, or interaction frequency of the respective qubit.
The method of claim 2, wherein the operating parameter of the respective qubit comprises an idling frequency, readout frequency, or interaction frequency of the respective qubit.
Claim 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. US 9940212 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Patent No. US 9940212 B2
Current Application
An apparatus comprising one or more classical computers and one or more classical storage devices storing instructions that are operable, when executed by the one or more computers, to cause the one or more classical computers to perform operations comprising: for a quantum processor having a plurality of interacting qubits, represented by a graph comprising nodes and edges, wherein each node represents a respective qubit and is associated with a value representing an operating parameter of the respective qubit, and wherein each edge represents a respective interaction between two qubits and is associated with a value representing an operating parameter of the respective interaction; selecting a graph traversal algorithm that traverses the graph based on a traversal rule; identifying one or multiple disjoint subsets of nodes or one or multiple disjoint subsets of edges, wherein nodes in a subset of nodes are related via the traversal rule and edges in a subset of edges are related via the traversal rule; determining calibrated values for the nodes or edges in each subset, comprising, for each subset: selecting a seed node or a seed edge in the subset;
An apparatus comprising one or more classical computers and one or more classical storage devices storing instructions that are operable, when executed by the one or more computers, to cause the one or more classical computers to perform operations comprising: for a quantum processor having a plurality of interacting qubits and represented by a graph comprising nodes and edges, wherein each node represents a respective qubit and is associated with a value representing an operating parameter of the respective qubit, and each edge represents a respective interaction between two qubits and is associated with a value representing an operating parameter of the respective interaction: determining, by a classical computing device, calibrated values for nodes or edges in one or more disjoint subsets of nodes, wherein nodes in each disjoint subset of nodes are related via a node-traversal rule, the determining comprising, for each disjoint subset of nodes: selecting a seed node in the subset;
stepwise, for the selected seed node or seed edge, and for each subsequent node or edge: performing a constrained optimization using i) an objective function for the node or edge, and ii) one or more constraints based on a calibrated operating parameter mapping comprising calibrated values of nodes or edges in the graph, to determine a calibrated value for the node or edge;
stepwise, for the selected seed node, and for each subsequent node: performing a constrained optimization using i) an objective function for one or more nodes and one or more edges, and ii) one or more constraints based on calibrated values in the calibrated operating frequency mapping of calibrated nodes or edges within a local region of predetermined size around the node, to determine a calibrated value for the node and one or more edges that connect the node to an already calibrated node;
determining whether each node or edge in the subset has been calibrated;
determining whether each node or edge in the subset has been calibrated;
in response to determining that each node or edge in the subset has not been calibrated, traversing the graph based on the traversal rule to select a subsequent node or edge for the step.
and in response to determining that each node or edge in the subset has not been calibrated, traversing the graph based on a node-traversal rule to select a subsequent node for the step.
Allowable Subject Matter
Claims 5, 7-8, and 16-21 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS B LANE whose telephone number is (571)272-1872. The examiner can normally be reached M-Th: 7am-5pm; F: Out of Office.
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/THOMAS BERNARD LANE/Examiner, Art Unit 2142
/HAIMEI JIANG/Primary Examiner, Art Unit 2142