ETAILED 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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Information disclosure statement filed 29 December 2023 has been fully considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation, “a substrate.” It is unclear whether this substrate is the same as, or distinct from, the previously-recited substrate of claim 1.
Allowable Subject Matter
Claims 1-8 and 10 are allowed.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
The prior art of record fails to teach the quantum chip of claim 1, the quantum device of claim 8, and the quantum computer of claim 10 in the combination of limitations as claimed, noting particularly the limitation, “a periodic structure formed on a surface of the superconducting layer along an outer edge of the substrate.”
Koizumi (Japanese Kokai Publication H01-133308, hereinafter Koizumi ‘308) teaches a superconducting layer (2); and an electrode (3) formed on a surface of the superconducting layer along an outer edge. However, Koizumi ‘308 is silent to a periodic structure formed on a surface of the superconducting layer along an outer edge of the substrate as claimed. Yamazaki (US Patent 5,596,206) and Coombs (US Patent Application Publication 2008/0252404) are similar references suffering from a similar deficiency.
Hato (US Patent Application Publication 2004/0223380) teaches a quantum superconducting chip, but also fails to teach or suggest a periodic structure formed on a surface of the superconducting layer along an outer edge of the substrate as claimed.
Dommerque et al. (US Patent Application Publication 2010/0157499, hereinafter Dommerque ‘499) teaches a substrate (1); a superconducting layer (2) formed on a surface of the substrate; an electrode (4) formed along an outer edge of the substrate; and a periodic structure (7) formed along an outer edge of the substrate. However, Dommerque ‘499 is silent to the electrode (4) and the periodic structure (7) being formed on a surface of the superconducting layer as claimed. Nakamura et al. (US Patent Application Publication 2021/0343785) is a similar reference suffering from a similar deficiency.
Claims 2-8 and 10 are allowed based merely upon their dependencies from allowed claim 1.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher M. Roland whose telephone number is (571)270-1271. The examiner can normally be reached Monday-Friday, 10:00AM-7:00PM Eastern.
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/C.M.R./Examiner, Art Unit 2893
/YARA B GREEN/Supervisor Patent Examiner, Art Unit 2893
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