CTFR 18/520,074 CTFR 78716 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Arguments Applicant's arguments have been fully considered but they are not persuasive. The applicant argues that neither Bush (US 2024/0333398, hereon referred to as Bush nor Giuseppe et al. (WO 2023/155977) , hereon referred to as Giu, alone or in combination teach/suggest all of the elements of the independent claim(s). The applicant argues that the prior art is silent regarding “selecting one of the quantum capabilities based on the user application characteristic.” The applicant mentions that a network slice is different thana quantum capability like quantum key distribution, quantum cryptography, and quantum computing. Therefore, selecting a network slice is different than selecting a quantum capability from a set of available quantum capabilities. However, the Examiner respectfully disagrees. As currently presented, the claim language recites “one of the quantum capabilities”, plural, only requiring that more than one exists. The claim language does not explicitly require they be different kinds. The “set of different quantum capabilities” is read in from the specification, and limitations from the spec are not imported into the claims. The applicant also argues that the prior art is silent regarding “providing the selected one of the quantum capabilities to the user communication device over one of the network slices”. The applicant mentions that Celozzi discloses a quantum channel compromises a physical fiber optic channel between a wireless communication network and a user equipment. The applicant argues that providing a quantum capability to a user device like remote quantum computing is different than the physical capable link between the user device and the network. However, the Examiner respectfully disagrees. As currently presented, the claim language recites “providing the selected one of the quantum capabilities to the user communication device over one of the network slices”. The applicant mentions “remote quantum computing” being different from “physical fiber optic channel”, but the claim does not explicitly mention “remote quantum computing.” This is a feature in the specification that is not currently in the claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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 of this title, 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. 07-21-aia AIA Claim s 1-8, 10-13, 21-27 are rejected under 35 U.S.C 103 as being unpatentable over Bush (US 2024/0333398, hereon referred to as Bush, in view of Giuseppe et al. (WO 2023/155977) , and hereon referred to as Giu . In regards to claims 1, 8 & 21, Bush discloses receiving a user application characteristic from a user communication device for a user application in the user communication device (Applications may obtain keys at both ends of a given link. Stated another way, 5G systems may offer quantum key distribution as a service; providing keys in a client subscriber paradigm to application connection establishment message is received via a wireless communication from UE to connect the UE to the wireless communication network; the connection establishment message requests quantum secure communications; Paragraphs 0050-0060; 0070-0075; Fig.3); selecting one of the quantum capabilities based on the user application characteristic (A virtual slice of a quantum key distribution…The core network may include a Network Slice Selection Function /NSSFJ configured to select a network slicing instance INS/), determine the allowed network slice selection assistance information (NSSAI), and set AMF to serve the UE. NSSF may have optional quantum key distribution parameters for enhanced security; a connection establishment message is received via a wireless communication from UE 120 to connect the UE 120 to the wireless communication network 110. The connection establishment message requests quantum secure communications; multiplexing the quantum channel to generate keys for different users on separate time slots or frequencies. In other words, quantum key distribution may be sliced by running several logical quantum channels in the same fiber, by either time multiplexing or frequency multiplexing the quantum channels. such slices may be referred to as quantum key distribution network slices; Paragraphs 0030-0035; 0040-0050; 0070-0075; Fig.3). However, Bush does not disclose connecting the user communication device to the selected one of the quantum capabilities over one of the network slices. In an analogous art Giu discloses connecting the user communication device to the selected one of the quantum capabilities over one of the network slices (A quantum channel is established between the wireless communication network and the UE, as described herein, the quantum channel is a physical fiber optic channel between the wireless communication network and the user equipment. In some embodiments, establishing a quantum channel between the wireless communication network and the UE includes providing a service function to establish the quantum channel; 10-15) . At the time before the effective filing date of the invention, it would have been obvious to the one with ordinary skill in the art to combine the teachings disclosed by Bush, with the teachings disclosed by Giu regarding connecting the user communication device to the selected one of the quantum capabilities over one of the network slices. The suggestion/motivation of the combination would have been to provide additional security in network slice management (Giu; Pg.2). In regards to claims 2, & 22, Giu discloses wherein selecting the one of the quantum capabilities based on the user application characteristic comprises selecting the one of the quantum capabilities based on a quantum functionality of the user application (for each type of quantum-resistant technology. i.e. QRNG. PQC. QKD, there are a number of different implementation approaches. QKD may be implemented as discrete-variable QKD. DV-QKD. continuous -variable QKD. CV-QKD. measurement-device-independent QKD. MDI-QKD. ortwin field QKD. TF-QKD. Each implementation approach may have one or more variants depending on implementation characteristics such as key rate, bit rate, adherence to standard certifications, sequence length (QRNG) and entropy level (QRNG) Cardinality is the number of different implementation approaches/variants currently available in the market. The QPL ranges (QPL_MIN to QPL_MAX) in table 3 are set based on the type and mix of quantum resistant technology in each class. There is of course a dependency in some cases on whether the underlying hardware and/or software is available to a network component. in particular specialized hardware such as is required for QRNG and QKD; Pg. 13-15) . In regards to claims 3, 23, Giu discloses wherein selecting the one of the quantum capabilities based on the user application characteristic comprises selecting the one of the quantum capabilities based on a quantum functionality of the user communication device (for each type of quantum-resistant technology. i.e. QRNG. PQC. QKD, there are a number of different implementation approaches. For example. QKD may be implemented as discrete-variable QKD. DV-QKD. continuous -variable QKD. CV-QKD. measurement-device-independent QKD. MDI-QKD. ortwin field QKD. TF-QKD. Each implementation approach may have one or more variants depending on implementation characteristics such as key rate, bit rate, adherence to standard certifications, sequence length (QRNG) and entropy level (QRNG) Cardinality is the number of different implementation approaches/variants currently available in the market. The QPL ranges (QPL_MIN to QPL_MAX) in table 3 are set based on the type and mix of quantum resistant technology in each class. There is of course a dependency in some cases on whether the underlying hardware and/or software is available to a network component. in particular specialized hardware such as is required for QRNG and QKD; Pg. 13-15) . In regards to claims 4, 24, the combination of Bush and Giu disclose wherein the one of the quantum capabilities comprises quantum key distribution (The elements presented in the claim(s) do not contain any additional features, do not present any inventive step or novelty not addressed/presented in the combination of Bush and Giu. Examiner takes official notice, that these elements are commonly known, minor design details that are derivable from the prior art and are well known, and obvious to an ordinary skill in the art. The additional features of these claims represent normal design options, which the skilled person would implement the combination of Bush and Giu, depending on the circumstances, without exercising any inventive activity) . In regards to claims 5, 25, the combination of Bush and Giu discloses wherein the one of the quantum capabilities comprises quantum cryptography (The elements presented in the claim(s) do not contain any additional features, do not present any inventive step or novelty not addressed/presented in the combination of Bush and Giu. Examiner takes official notice, that these elements are commonly known, minor design details that are derivable from the prior art and are well known, and obvious to an ordinary skill in the art. The additional features of these claims represent normal design options, which the skilled person would implement the combination of Bush and Giu, depending on the circumstances, without exercising any inventive activity) . In regards to claims 6, 26, the combination of Bush and Giu discloses wherein the one of the quantum capabilities comprises hosted quantum computing (The elements presented in the claim(s) do not contain any additional features, do not present any inventive step or novelty not addressed/presented in the combination of Bush and Giu. Examiner takes official notice, that these elements are commonly known, minor design details that are derivable from the prior art and are well known, and obvious to an ordinary skill in the art. The additional features of these claims represent normal design options, which the skilled person would implement the combination of Bush and Giu, depending on the circumstances, without exercising any inventive activity) . In regards to claims 7, 13 & 27, Bush discloses wherein the one of the quantum capabilities comprises one of quantum intercept detection, quantum sensing, and quantum data communications (QKD is a quantum communication where data is the keys exchanged; Paragraphs 0040-0046; 0070-0075; Fig.3) . In regards to claim 10, Bush discloses wherein orchestrating the selected one of the quantum capabilities into the one of the network slices comprises: a network orchestrator receiving an Application Programming Interface (API) call from an Artificial Intelligence (AI) network; and the network orchestrator instantiating the selected one of the quantum capabilities into the one of the network slices in response to the API call (the core network 118 may include an NF Repository Function (NRF). The NRF provides registration and discovery functionality allowing network functions (NFs) to discover each other and communicate via open APls. Quantum key distribution may be discovered functionality; Paragraphs 0030-0035) . In regards to claim 11, Bush discloses wherein orchestrating the selected one of the quantum capabilities into the one of the network slices comprises: a network controller receiving an indication of the selected one of the quantum capabilities from an Artificial Intelligence (AI) network; the network controller calling an Application Programming Interface (API) on a network orchestrator; and the network orchestrator instantiating the selected one of the quantum capabilities into the one of the network slices in response to the API call (the core network 118 may include an NF Repository Function (NRF). The NRF provides registration and discovery functionality allowing network functions (NFs) to discover each other and communicate via open APls. Quantum key distribution may be discovered functionality; Paragraphs 0030-0035) . In regards to claim 12, Giu discloses wherein the selected one of the quantum capabilities comprises a Virtual Quantum Function (VQF) in a Network Function Virtualization Infrastructure (NFVI) (The system is provided within the network function virtualization. NFV. framework and uses the Os-Ma_Nfvo interface. The security management entity is an orchestrator level of a security manager 870. The NFV framework additionally comprises a Network Function Orchestrator. NFO, an element manager level 874 and an infrastructure level 876 within the security; manager, a virtualized network function/physical network function, VNF/PNF, Manager, an Element Manager and VNF/PNF/Open radio access network, O RAN, nodes. As illustrated in Figure 10. and referring back to Figure 3. network slice orchestration; Pg.13-15) . 07-21-aia AIA Claim 9 is rejected under 35 U.S.C 103 as being unpatentable over the combination of Bush and Giu, in view of 3rd Generation Partnership Project; Technical Specification Group Services and System Aspects; Management and orchestration; Study on new aspects of Energy Efficiency (EE) for 5G (Release 17)", 3GPP STANDARD; TECHNICAL REPORT; 3GPP TR 28.813, 3RD GENERATION PARTNERSHIP PROJECT (3GPP), MOBILE COMPETENCE CENTRE ; 650, ROUTE DES LUCIOLES ; F-06921 SOPHIA-ANTIPOLIS CEDEX ; FRANCE , heron referred to ask 3GPP . In regards to claim 9, Bush does not disclose wherein selecting the one of the quantum capabilities based on the user application characteristic comprises transferring the user application characteristic to an Artificial Intelligence (AI) network and receiving an indication of the selected one of the quantum capabilities from the AI network. However, in an analogous art, 3GPP discloses wherein selecting the one of the quantum capabilities based on the user application characteristic comprises transferring the user application characteristic to an Artificial Intelligence (AI) network and receiving an indication of the selected one of the quantum capabilities from the AI network (With Al technology. 3GPP management system can provide more efficient ES for RAN domain area while keeping basic KP/s stable for SLA assurance. Consequently, it is proposed to introduce the potential solution #1 which with Al technology in further normative work; Pg.46 Paragraphs 4.4-4.8). At the time before the effective filing date of the invention, it would have been obvious to the one with ordinary skill in the art to combine the teachings disclosed by the combination of Bush and Giu, with the teachings disclosed by 3GPP regarding wherein selecting the one of the quantum capabilities based on the user application characteristic comprises transferring the user application characteristic to an Artificial Intelligence (AI) network and receiving an indication of the selected one of the quantum capabilities from the AI network. The suggestion/motivation of the combination would have been to provide additional security and energy consumption in incoming and outgoing traffic (3GPP; Pg.13). Conclusion 07-39 AIA 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 SHARIF E ULLAH whose telephone number is (571)272-5453. The examiner can normally be reached Mon-Fri 7:00-5:30. 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, Farid Homayounmehr can be reached at 571-272-3739. 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. /SHARIF E ULLAH/Primary Examiner, Art Unit 2495 Application/Control Number: 18/520,074 Page 2 Art Unit: 2495 Application/Control Number: 18/520,074 Page 3 Art Unit: 2495 Application/Control Number: 18/520,074 Page 4 Art Unit: 2495 Application/Control Number: 18/520,074 Page 5 Art Unit: 2495 Application/Control Number: 18/520,074 Page 6 Art Unit: 2495 Application/Control Number: 18/520,074 Page 7 Art Unit: 2495 Application/Control Number: 18/520,074 Page 8 Art Unit: 2495 Application/Control Number: 18/520,074 Page 9 Art Unit: 2495
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