Prosecution Insights
Last updated: July 17, 2026
Application No. 18/536,897

SYSTEMS AND METHODS FOR EMBEDDING PROBLEMS INTO AN ANALOG PROCESSOR

Non-Final OA §112
Filed
Dec 12, 2023
Priority
Apr 18, 2016 — provisional 62/324,206 +2 more
Examiner
MAIDO, MAGGIE T
Art Unit
2129
Tech Center
2100 — Computer Architecture & Software
Assignee
D-Wave Systems Inc.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
31 granted / 47 resolved
+11.0% vs TC avg
Strong +27% interview lift
Without
With
+27.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
28 currently pending
Career history
93
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
92.8%
+52.8% vs TC avg
§102
0.4%
-39.6% vs TC avg
§112
4.9%
-35.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 47 resolved cases

Office Action

§112
DETAILED ACTION This action is responsive to claims filed on 25 January 2024. Claims 37-54 are pending for examination. Allowable Subject Matter Claim 37 and analogous Claim 46 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office Action. Claims 38-45, 47-54, which depend directly or indirectly from Claims 37, 46, would be allowable. The following is a statement of reasons for the indication of allowable subject matter. The prior art, made of record, does not teach, make obvious, or suggest the claim limitations of Claim 37 and analogous Claim 46 required elements, as disclosed in Applicant’s claims. Specifically, the limitations directed to “applying spin reversal transformations to the problem to generate a plurality of replicas of the problem” “determining a respective embedding of each replica of the problem to the hardware graph to produce respective embedded replica problem graphs” “adding the plurality of replicas of the problem to a problem Hamiltonian so that each embedded replica problem graph is embedded in a respective one of the non-overlapping regions on the hardware graph of the analog processor” in exemplary Claim 37 and analogous Claim 46 limitations. The closest prior arts, listed below, discloses: Maassen van den Brink et al. (U.S. Pre-Grant Publication No. 20140229705) teaches analog processors comprising a plurality of quantum devices, arranged in a lattice, together with a plurality of coupling devices. Roy et al. (U.S. Pre-Grant Publication No. 20140250288) teaches systems and methods allowing for formulation of embeddings of problems via targeted hardware (e.g., particular quantum processor). Macready et al. (U.S. Pre-Grant Publication No. 20110060711) teaches association graphs solved for a clique, providing results to a query or problem and/or an indication of a level of responsiveness of the results, using analog processors such as quantum processors. Rose et al. (U.S. Pre-Grant Publication No. 20080176750) teaches an analog processor, for example a quantum processor, including a plurality of elongated qubits that are disposed with respect to one another such that each qubit may selectively be directly coupled to each of the other qubits via a single coupling device. Amin et al. (U.S. Pre-Grant Publication No. 20150032993) teaches orthogonal control of non-orthogonal qubit parameters of a logical qubit allowing for increasing the length of a qubit chain thereby increasing the effective connectivity of the qubit chain. In summary, the references made of record, fail to disclose the required claimed technical features recited by the Claim 37 and analogous Claim 46 limitations as a whole. 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 § 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. Claims 37-54 are 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. The term “small in relation” in line 2 of claim 37 and analogous claim 46 is a relative term which renders the claim indefinite. The term “small in relation” is not clearly defined by the claim and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. It is indefinite as to the degree and scope of what is being measured to be considered small when referring to the problem in relation to the topology of the analog processor. For examination purposes, “small in relation” has been construed as “problem small in relation to the size of the analog processor or be a portion of a problem that is small in relation to the size of the analog processor”, as outlined in Specification [0183]. Claims 38-45, 47-54, which depend directly or indirectly from claims 37, 46, are similarly rejected. Claim 38 and analogous claim 47 recites the limitation "the spin reversal transformation" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, "the spin reversal transformation" has been construed to be “the spin reversal transformations”. Claims 48-54, which depend directly or indirectly from claim 47, are similarly rejected. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGGIE MAIDO whose telephone number is (703) 756-1953. The examiner can normally be reached M-Th: 6am - 4pm. 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, Michael Huntley can be reached on (303) 297-4307. 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. /MM/Examiner, Art Unit 2129 /MICHAEL J HUNTLEY/Supervisory Patent Examiner, Art Unit 2129
Read full office action

Prosecution Timeline

Dec 12, 2023
Application Filed
Jun 15, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
93%
With Interview (+27.0%)
4y 1m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 47 resolved cases by this examiner. Grant probability derived from career allowance rate.

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