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 .
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Claim Rejections - 35 USC § 102
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.
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizushima et al. (US 2013/0057365 A1; hereinafter, “Mizushima”, of record).
Regarding claims 1,2 and 6:
re claim 1, Mizushima discloses a transmission line (in Fig. 8(b) and Exhibit A above), comprising:
a first structure (see “first structure” in Exhibit A) including
a first conductive layer 110 ([0074] and see “1st conductive layer” in Exhibit A),
a first opposing conductive layer 13 ([0067] and see “1st opposing conductive layer” in Exhibit A), and
a first conductive line 12 ([0067] and see “1st conductive LINE” in Exhibit A) provided between the first conductive layer and the first opposing conductive layer (see Exhibit A), the first conductive line (see “1st conductive LINE” in Exhibit A) extending along a first direction (Y-direction in Exhibit A), the first direction crossing a second direction (Z-direction in Exhibit A) from the first conductive layer to the first opposing conductive layer;
a second structure (see “second structure” in Exhibit A) including
a second conductive layer (see “2nd conductive layer” in Exhibit A),
a second opposing conductive layer (see “2nd opposing conductive layer” in Exhibit A), the first opposing conductive layer (see “1st opposing conductive layer” in Exhibit A) being provided between the first conductive layer (see “1st conductive layer” in Exhibit A) and the second opposing conductive layer (see “2nd conductive layer” in Exhibit A), the second conductive layer being provided between the first opposing conductive layer (see “1st opposing conductive layer” in Exhibit A) and the second opposing conductive layer (see “2nd opposing conductive layer” in Exhibit A), and
a second conductive line (see “2nd conductive LINE” in Exhibit A) provided between the second conductive layer (see “2nd conductive layer” in Exhibit A) and the second opposing conductive layer (see “2nd opposing conductive layer” in Exhibit A), the second conductive line extending along the first direction (Y-direction in Exhibit A); and
a first intermediate conductive layer (see “Intermediate layer” in Exhibit A) provided between the first opposing conductive layer (see “1st opposing conductive layer” in Exhibit A) and the second conductive layer (see “2nd conductive layer” in Exhibit A), the first intermediate conductive layer including a first line (see “1st LINE” in Exhibit A) extending along the first direction (Y-direction in Exhibit A) and a second line (see “2nd LINE” in Exhibit A) extending along the first direction, a third direction (X-direction in Exhibit A) from the first line (see “1st LINE” in Exhibit A) to the second line (see “2nd LINE” in Exhibit A) crossing a plane including the first direction (Y-direction) and the second direction (Z-direction);
the first conductive layer including a first end FE (see Exhibit B above) and a first other end FOE (Exhibit B), a direction from the first end to the first other end being along the third direction (X-direction),
the first conductive line including a first line end F (Exhibit B) and a first other line end O (Exhibit B), a direction from the first line end to the first other line end being along the third direction,
the first opposing conductive layer including a first opposing end OE (Exhibit B) and a first other opposing end OOE (Exhibit B), a direction from the first opposing end to the first other opposing end being along the third direction,
a position of the first line end F (Exhibit B) in the third direction being between a position of the first end FE in the third direction and a position of the first other end FOE in the third direction,
a position of the first other line end O (Exhibit B) in the third direction being between the position of the first end FE in the third direction and the position of the first other end FOE in the third direction,
the position of the first line end F (Exhibit B) in the third direction being between a position of the first opposing end OE in the third direction and a position of the first other opposing end OOE in the third direction, and
the position of the first other line end O (Exhibit B) in the third direction being between the position of the first opposing end OE in the third direction and the position of the first other opposing end OOE in the third direction;
re claim 2, the transmission line according to claim 1, wherein
in the third direction (X-direction in Exhibit A), a position of the first conductive line (see “1st conductive LINE” in Exhibit A) in the third direction (X-direction) is between a position of the first line (see “1st LINE” in Exhibit A) in the third direction (X-direction) and a position of the second line (see “2nd LINE” in Exhibit A) in the third direction (X-direction), and
in the third direction (X-direction), a position of the second conductive line (see “2nd conductive LINE” in Exhibit A) in the third direction (X-direction) is between the position of the first line (see “1st LINE” in Exhibit A) in the third direction (X-direction) and the position of the second line (see “2nd LINE” in Exhibit A) in the third direction in the third direction (X-direction); and
re claim 6, the transmission line according to claim 1, wherein
the first intermediate conductive layer (see “Intermediate layer” in Exhibit A) further includes a connecting conductive layer (see “connecting conductive layer” in Exhibit A) connecting a part of the first line (see “1st LINE” in Exhibit A) and a part of the second line (see “2nd LINE” in Exhibit A, i.e., in Fig. 8(b) and Exhibit A, tubular metal film 3 [0054] is in contact with the “1st LINE”, the “connecting conductive layer”, and the “2nd LINE”).
Therefore, Mizushima anticipates claims 1, 2 and 6.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizushima in view of Kawaguchi (US 2023/0071251 A1, of record).
Regarding claims 19 and 20:
Mizushima anticipates claim 1 but does not disclose a specific use for the transmission line. However, Kawaguchi teaches transmission lines 1/1C (Figs. 9A, 10 and [0071]) specifically incorporated in a processing device (Fig. 10), comprising the transmission line 1/1C wherein one end of the transmission line is configured to be coupled with a first signal processing circuit 22, and another end of the transmission line 1/1C is configured to be coupled with the second signal processing circuit 23 (Fig. 10). Kawaguchi discloses such an incorporation realizes a quantum computer.
It would have been obvious to one of ordinary skill in the art to specifically incorporate the transmission line (of Mizushima) into a processing device or a quantum computer because Kawaguchi teaches such transmission lines are well suited and necessary to realize a quantum computer. Furthermore, when Mizushima’s transmission line is specifically incorporated into a quantum computer, one end of the first conductive line will be coupled to the first signal processing circuit, and another end of the first conductive line will be coupled with the second signal processing circuit.
Allowable Subject Matter
Claims 3-5 and 7-18 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claims 3-5 and 7-18 are allowable for reasons stated in the prior Office action.
Remarks
The objections to the abstract and claims are withdrawn in view of the amendments.
The rejections under 35 U.S.C. 112(b) are withdrawn in view of the amendments.
Applicant’s remarks have been carefully reviewed and considered, but they are moot in view of the new interpretation of Mizushima.
Conclusion
THIS ACTION IS MADE FINAL. 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 LEX H MALSAWMA whose telephone number is (571)272-1903. The examiner can normally be reached M-F (4-12 Hours, between 5:30AM-10PM).
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, N. Drew Richards can be reached at 571-272-1736. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEX H MALSAWMA/Primary Examiner, Art Unit 2892
