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 .
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, 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.
Claim(s) 1, 2, 5-13, and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220083890 (Simion et al) in view of US 20120135273 (Horng et al).
Concerning claim 1, Simion discloses a quantum computing device (100) comprising (Figs. 2A-2F): a plurality of spin-based quantum-dot qubits that each include ([0003]): one or more quantum dots (122a and 122b) included in a quantum well layer ([0080]); and a nanomagnet (124) (Fig. 2D). . .and the quantum well layer and the nanomagnet in a thickness direction: ([0080]); a top barrier layer (130) ([0083]); a gate dielectric layer (120 part of the gate construction); a plurality of electrode gates (114 + 112) (Fig. 2D).
Simion does not disclose the nanomagnet including an amorphous ferromagnetic alloy. Simion does not explicitly disclose the material of the nanomagnet but instead discloses that it is a magnetic material ([0099]). However, Horng discloses amorphous CoFeB as a suitable nanomagnet magnetic material ([0041] and [0069]) formed by sputter deposition ([0065]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the amorphous CoFeB nanomagnet material of Horng as the nanomagnet material in the invention of Simion because of its known suitability for its intended purpose.
Continuing to claim 2, Simion in view of Horng discloses wherein the amorphous ferromagnetic alloy is a cobalt-iron-boron (CoFeB) alloy (Horng [0069]).
Referring to claim 5, Simion in view of Horng discloses wherein each of the plurality of spin-based quantum-dot qubits is a double-quantum-dot qubit that includes a first quantum dot (Simion 122a) and a second quantum dot (Simion 122b) (Simion [0070]).
Regarding claim 6, Simion in view of Horng discloses wherein each of the spin-based quantum-dot qubits further includes a plurality of barrier gates (Simion 112) (Simion [0075]).
Pertaining to claim 7, Simion in view of Horng discloses wherein each of the spin-based quantum-dot qubits further includes a plurality of plunger gates (Simion 114) (Simion [0075]).
As to claim 8, Simion in view of Horng discloses wherein each of the spin-based quantum-dot qubits further includes one or more silicon layers (Simion [0067]).
Concerning claim 9, Simion in view of Horng discloses wherein each of the spin-based quantum-dot qubits further includes one or more silicon-germanium (SiGe) alloy layers (Simion [0067]).
Continuing to claim 10, Simion in view of Horng discloses wherein the one or more quantum dots are formed from silicon (Simion [0021]).
According to claim 11, Simion in view of Horng discloses wherein the nanomagnet is formed via sputtering (Horng [0065]).
Considering claim 12, Simion discloses a nanomagnet (124) configured to apply an external magnetic field ([0099]) to one or more quantum dots (122a and 122b) included in a spin-based quantum computing device (100) ([0068] and [0070]) ; the nanomagnet (124) (Fig. 2D) is located in a layer of the spin-based quantum computing device provided above the one or more quantum dots in a thickness direction: ([0080]); and between the one or more quantum dots and the nanomagnet in a thickness direction, the spin based quantum computing device further includes a top barrier layer (130) ([0083]); a gate dielectric layer (120 part of the gate construction); a plurality of electrode gates (114 + 112) (Fig. 2D).
Simion does not disclose wherein the nanomagnet includes an amorphous ferromagnetic alloy. Simion does not explicitly disclose the material of the nanomagnet but instead discloses that it is a magnetic material ([0099]). However, Horng discloses amorphous CoFeB as a suitable nanomagnet magnetic material ([0041] and [0069]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the amorphous CoFeB nanomagnet material of Horng as the nanomagnet material in the invention of Simion because of its known suitability for its intended purpose.
Referring to claim 13, Simion in view of Horng discloses wherein the amorphous ferromagnetic alloy is a cobalt-iron-boron (CoFeB) alloy (Horng [0069]).
Pertaining to claim 16, Simion in view of Horng discloses wherein the nanomagnet is located on an opposite side of a substrate layer relative to the one or more quantum dots (Simion Fig. 2D, note that the quantum dots are formed within the substrate and the nanomagnet are formed on an opposite surface (outside) of the substrate).
According to claim 17, Simion in view of Horng discloses wherein the nanomagnet is formed via sputtering (Horng [0065]).
As to claim 18, Simion discloses a spin-based quantum-dot qubit (100) that includes: a substrate layer (110); a buffer layer (120) located above the substrate layer in a thickness direction ([0095], note that the dielectric layer is made of a plurality dielectric layer); a quantum well layer in which a first quantum dot and a second quantum dot are located, wherein the quantum well layer is located above the buffer layer in the thickness direction ([0080]); a top barrier layer (130) located above the quantum well layer in the thickness direction ([0083]); a gate dielectric layer located above the top barrier layer in the thickness direction (120 part of the gate construction); a plurality of plunger gates (114) and a plurality of barrier gates (112) located above the gate dielectric layer in the thickness direction (Fig. 2D); and a nanomagnet (124) located above the plurality of plunger gates and the plurality of barrier gates in the thickness direction (Figs. 2A-2D).
Simion does not disclose wherein the nanomagnet includes an amorphous ferromagnetic alloy. Simion does not explicitly disclose the material of the nanomagnet but instead discloses that it is a magnetic material ([0099]). However, Horng discloses amorphous CoFeB as a suitable nanomagnet magnetic material ([0041] and [0069]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the amorphous CoFeB nanomagnet material of Horng as the nanomagnet material in the invention of Simion because of its known suitability for its intended purpose.
Concerning claim 19, Simion in view of Horng discloses wherein the amorphous ferromagnetic alloy is a cobalt-iron-boron (CoFeB) alloy (Horng [0069]).
Claim(s) 3, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220083890 (Simion et al) in view of US 20120135273 (Horng et al) as applied to claims 1, 12, and 18 above, and further in view of US 20140154529 (Yang et al).
Continuing to claims 3, 14, and 20 (with these claims being similar in scope), Simion in view of Horng discloses forming the nanomagnet of an amorphous CoFeB alloy.
Simion in view of Horng does not disclose the atomic composition of the CoFeB alloy and therefore does not disclose wherein the CoFeB alloy has a composition of CO1-x Fex By, with 0<x<1 and 0.2 < y < 1. However, Yang discloses a suitable CoFeB composition for use as a magnetic material that has a composition CO1-x Fex By, with x is 0 to 0.9, and y is 0.1 to 0.25 ([0022]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the composition of the amorphous nanomagnet to have a composition as disclosed by Yang because such composition is known in the art to be suitable for use a magnetic material.
Claim(s) 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20220083890 (Simion et al) in view of US 20120135273 (Horng et al) as applied to claims 1, 12, and 18 above, and further in view of US 20230085706 (Friesen et al).
Considering claims 21 and 22 (with these claims being similar in scope), Simion in view of Horng disclose forming the top barrier layer as well as the well layers being formed in a Si or SiGe substrate (Simion [0099]).
Simion in view of Horng do not disclose wherein the top barrier layer is a silicon-germanium (SiGe) alloy layer. However, Friesen discloses a quantum computing device in which a number of strategies can be used for designing electrostatic gates for applying electric fields to the heterostructures in order to define quantum dots and perform qubit transformations in a quantum computing system ([0027]). Friesen discloses that the SiGe alloy barrier layers are suitable for providing quantum confinement of electrons in the well ([0024]). The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See MPEP 2144.07. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a SiGe alloy for the material of the top barrier layer of Simion because of its known suitability in the art as a material capable of providing quantum confinement of electron in the quantum well.
Response to Arguments
Applicant's arguments filed 05/06/26 have been fully considered but they are not persuasive. Applicant argues that the top barrier layer of the present invention provides electron confinement between the layers of the spin-based quantum dot qubit and that the ESR transmission line 130 of Simion does not provide such electron confinement. Thus, Applicant respectfully submits that Simion does not disclose or suggest the top barrier layer. However, US 20110121895 discloses the known practice of using an ESR line as a means to control electrons in a qubit device ([0029]-[0032]). Therefore one of ordinary skill in the art before the effective filing date of the invention would have found it obvious to use the ESR line of Simion (which is known in the art for use as a means of electron control) as a top barrier layer similar to that of the claimed invention. Therefore the arguments are not found to be persuasive and the rejection stands.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE N NEWTON whose telephone number is (571)270-5015. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHAD DICKE can be reached at (571) 270-7996. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VALERIE N NEWTON/ Examiner, Art Unit 2897 07/29/26
/CHAD M DICKE/ Supervisory Patent Examiner, Art Unit 2897
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