DETAILED ACTION
This Notice is responsive to communication filed on 06/16/2026.
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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, reading on claims 1 - 5 in the reply filed on 06/16/2026 is acknowledged. Claims 6-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/16/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/08/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Saggau et al. (US 20240373761).
Regarding claim 1, Saggau discloses a van der Waals stacked Josephson junction structure comprising:
a substrate Fig. 1A: 100;
a first layer Fig. 1A: 102a of a van der Waals material separable into layers and positioned on the substrate Fig. 1A: 100; and
a second layer Fig. 1A: 102b of the van der Waals material positioned on the first layer Fig. 1A: 102a, wherein the first layer Fig. 1A: 102a and the second layer Fig. 1A: 102b are twisted at a predetermined angle with each other, and
a Josephson junction is formed between the first layer Fig. 1A: 102a and the second layer Fig. 1A: 102b (para. 0057-0058).
Regarding claim 2, Saggau discloses the van der Waals stacked Josephson junction structure of claim 1, wherein each of the first layer Fig. 1A: 102a and the second layer Fig. 1A: 102b includes a superconducting layer (para. 0058, pg. 3, lines 1-2).
Regarding claim 3, Saggau discloses the van der Waals stacked Josephson junction structure of claim 1, wherein a crystal structure of the first layer Fig. 1A: 102a and a crystal structure of the second layer Fig. 1A: 102b are twisted at the predetermined angle (para. 0058 teaches crystallographic orientations of the first and second layers are twisted).
Regarding claim 4, Saggau discloses the van der Waals stacked Josephson junction structure of claim 1, wherein the van der Waals material is a superconductor selected from Bi-2212, NbSe2, FeSe, and FeTe (para. 0058 teaches superconductor Bi2Sr2Ca1Cu2O8 (i.e. Bi-2212)).
Regarding claim 5, Saggau discloses the van der Waals stacked Josephson junction structure of claim 1, wherein each of the first layer Fig. 1A: 102a and the second layer Fig. 1A: 102b may include CuO2 (para. 0058 teaches superconductor Bi2Sr2Ca1Cu2O8 which includes CuO2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NKECHINYERE ESIABA whose telephone number is (571)272-0720. The examiner can normally be reached Monday - Friday 10am-5pm EST.
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/Nkechinyere Esiaba/Examiner, Art Unit 2817
/Kretelia Graham/Supervisory Patent Examiner, Art Unit 2817
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