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 .
This is a NON-FINAL OFFICE ACTION in response to the present Application filed 07/19/2023. Claims 1-10 are pending in the Application, of which Claims 1 and 6 are independent.
Continuity/ Priority Information
The present Application 18355249 filed 07/19/2023 claims foreign priority to REPUBLIC OF KOREA, 10-2022-0158284, filed 11/23/2022.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/19/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claims 1 and 6 recite a quantum federated learning system and method directed to a group of mathematical concepts, which is an abstract idea under Step 2A Prong 1, according to the limitations:
a global server for initializing parameters of a quantum slimmable neural network (QSNN) model and transmitting the initialized quantum slimmable neural network model to at least one local device;
the at least one local device for inputting the at least one observation value into the initialized quantum slimmable neural network model to train the quantum slimmable neural network model, and
transmitting the parameters of the trained quantum slimmable neural network model to the global server side.
The limitations recited in the Claims, which as drafted, are directed to a group of mathematical concepts. According to the 2019 Revised Patent Subject Matter Eligibility Guidance (“2019 PEG”), under their broadest reasonable interpretation, the limitations cover performance of mathematical concepts, such as, mathematical relationships, mathematical formulas or equations, and mathematical calculations.
If a claim limitation, under its broadest reasonable interpretation, covers performance of mathematical calculations, such as in this case, the limitations as recited in independent Claims 1 and 6, then it falls within the “Mathematical Concepts” of abstract ideas.
For example, in Claims 1 and 6, the limitation “a global server for initializing parameters of a quantum slimmable neural network (QSNN) model” is Mathematical Concepts expressed by Equation 6 as described in the specification in para. [0089]. Here, the global server 100 may update the global side quantum slimmable neural network model 300 having the updated angle parameter and axis parameter as shown in [Equation 6] by performing axis learning and angle learning on the global side quantum slimmable neural network model 300 with initialized parameters according to the number of times preset in Algorithm 2, which falls within the “Mathematical Concepts” of abstract ideas.
Accordingly, the claims recite an abstract idea, and hence non-eligible subject matter under the 101 requirement.
This judicial exception is not integrated into a practical application under, Step 2A Prong 2. In particular, the claims recite additional elements, such as, a global server that may execute or manufacture various software based on an operating system (OS). The additional element, such as the global server to execute instructions for performing mathematical calculations is nothing else than a general purpose computer being used as a generic tool. Thus it constitutes an abstract idea without any tangible results, and without further reciting any practical applications, for achieving such results.
Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Accordingly, the claims recite an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, the additional elements amounts to no more than a computer to execute instructions cannot provide an inventive concept. Hence, the claims are not patent eligible under the 101 requirement.
The dependent Claims 2-5, and 7-10 do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
For example, the additional elements recited in Claims 2, and 7, “a state encoder unit for calculating an angle along each axis by mapping the at least one observation value to a three-dimensional sphere” do not amount to significantly more than the judicial exception, because calculating an angle, is a mathematical operation, that may be performed by a conventional computer used as a tool, as shown in Fig. 2.
The additional elements recited in Claims 3-5, and 8-10, “wherein the quantum circuit unit updates an angle parameter” is performed by a mathematical operation according to [Equation 3], described in specification Para. [0072]. The angle parameter and the axis parameter updated by the quantum circuit unit 330 and the measurement unit 350 may be defined as shown in [Equation 3].
Therefore, the Claims recite an abstract idea, and hence non-eligible subject matter under the 101 requirement.
Prior Art References Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See References Cited on PTO-892 form.
Chen et al. (US 11645568) techniques for control of small angle Mølmer-Sørensen (MS) gates and for handling asymmetric state-preparation-and-measurement (SPAM) errors in quantum circuit optimization.
Wang et al. (US 11615329) Hybrid Quantum-classical Computer For Bayesian Inference With Engineered Likelihood Functions For Robust amplitude Estimation.
Chiaro et al. (US 20250356241) See, Abstract. The pre-distorted control signal comprises an inverted transfer function, where the inverted transfer function comprises values of parameters obtained through fitting measured qubit parasitic rotation angles per gate to a reflection model that models pulse distortion in the quantum computing device; and the qubit parasitic rotation angles per gate are measured using a first pulse sequence that amplifies out-of-phase pulse distortion in the quantum computing device and a second pulse sequence that amplifies in-phase pulse distortion in the quantum computing device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES C KERVEROS whose telephone number is (571)272-3824. The examiner can normally be reached 9-5.
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, MARK FEATHERSTONE can be reached at (571) 270-3750. 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.
/JAMES C KERVEROS/Primary Examiner, Art Unit 2111
Date: February 25, 2026
Non-Final Rejection 20260224
JAMES C. KERVEROS
Primary Examiner, Art Unit 2111
James.Kerveros@USPTO.GOV