Prosecution Insights
Last updated: July 17, 2026
Application No. 18/562,546

CALCULATION DEVICE, CALCULATION METHOD AND RECORDING MEDIUM

Non-Final OA §103
Filed
Nov 20, 2023
Priority
May 31, 2021 — nonprovisional of PCTJP2021020729
Examiner
SPRATT, BEAU D
Art Unit
Tech Center
Assignee
NEC Corporation
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
355 granted / 450 resolved
+18.9% vs TC avg
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
28 currently pending
Career history
474
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
92.7%
+52.7% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
1.1%
-38.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 450 resolved cases

Office Action

§103
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 . Claims 1-8 are presented in the case. Priority Application claims benefit of priority to PCT/JP2021/020729 filed 05/31/2021 is acknowledged. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Non-Stoquastic Quantum Device for Solving Optimization Problems” Information Disclosure Statement The information disclosure statements submitted on 11/20/2023 and 01/17/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. 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 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 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. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over GOTO (US 20170104493 A1) in view of Amin (US 20220215282 A1) As to independent claim 1, Goto teaches a calculation device comprising: [quantum apparatus ¶37] a plurality of quantum nonlinear oscillators that change a quantum state from one quantum state to one of two quantum states, which differ from the one quantum state, or to a combined state of the two quantum states, according to a change in a control parameter value; [quantum oscillators, states, superposition (combined state) and parameter changing ¶37 " quantum nonlinear oscillators implements superposition of distinguishable quantum states by bifurcating one quantum state via a quantum adiabatic change controlled by the bifurcation parameter"] a first coupler that couples the quantum nonlinear oscillators to one another at a coupling strength corresponding to a combinatorial optimization problem; [coupling with resonator and strength corresponding to Hamiltonian, QUBO or Ising (optimization ¶5) ¶93, ¶96 "adjusting the coupling strength g.sub.i,j of the oscillator and coupling resonator"] a processor [controller ¶37] configured to execute the instructions to, in response to a passage of time, control the control parameter value of the quantum nonlinear oscillators and the coupling strength between the quantum nonlinear oscillators by the second coupler; and [gradual increase (passage of time) control of parameters ¶53, ¶48 "when the pump amplitude p (the bifurcation parameter of the Kerr parametric oscillator) of parametric amplification is gradually increased from zero, the quantum nonlinear oscillator 101 starts bifurcating"] a measurement device that measures the quantum state represented by the quantum nonlinear oscillators. [measuring device that measure output from oscillators ¶37 "A measuring device measures outputs from the quantum nonlinear oscillators."] Goto does not specifically teach a second coupler that couples the quantum nonlinear oscillators to one another separately from the first coupler; and a memory configured to store instructions. However, Amin teaches a second coupler that couples the quantum nonlinear oscillators to one another separately from the first coupler; [first and second couplings (ZZ,YY) ¶12 "first basis combination comprises ZZ couplings and the second basis combination comprises YY couplings,"] a memory configured to store instructions; [memory with programs ¶26-27] Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the quantum computation apparatus device by Goto by incorporating the second coupler that couples the quantum nonlinear oscillators to one another separately from the first coupler; and a memory configured to store instructions disclosed by Amin because both techniques address the same field of machine learning and by incorporating Amin into Goto improve performance of quantum devices with less freezing [Amin ¶7] As to dependent claim 2, the rejection of claim 1 is incorporated Goto and Amin further teach wherein the quantum nonlinear oscillators adiabatically change the quantum state that is initially set to the one quantum state according to the change in the control parameter to the one of the two quantum states, which differ from the one quantum state, or to the combined state of the two quantum states, at completion of computation of the combinatorial optimization problem.[Goto adiabatic change with control parameter ¶48, ¶45 "The quantum nonlinear oscillator 101 shows “a quantum-mechanical bifurcation phenomenon” which changes to superposition of distinguishable quantum states via a quantum adiabatic change using the bifurcation parameter as a control parameter. ±1 of the Ising spin are associated with two bifurcated distinguishable quantum states"] As to dependent claim 3, the rejection of claim 1 is incorporated Goto and Amin further teach wherein the first coupler couples the quantum nonlinear oscillators to one another at a coupling strength corresponding to a coupling strength between Ising variables in a Hamiltonian of an Ising model representing the combinatorial optimization problem. [Goto Ising model with Hamiltonian ¶51 optimization problem ¶62] As to dependent claim 4, the rejection of claim 1 is incorporated Goto and Amin further teach wherein the second coupler couples the quantum nonlinear oscillators to one another as an antiferromagnetic interaction of an operator that expresses a conversion of one of two distinguishable quantum states generated by the quantum nonlinear oscillators into another quantum state. [Amin anti-ferromagnetic coupling with flipping (modifying) strengths (operator) converting to ferro ¶12, ¶7 "flipping anti-ferromagnetic (AFM) couplings to ferromagnetic (FM)"] As to dependent claim 5, the rejection of claim 4 is incorporated Goto and Amin further teach wherein the processor is configured to execute the instructions to control the coupling strength of the quantum nonlinear oscillators to one another by the second coupler such that quantum annealing is executed using a non-stoquastic quantum bifurcation phenomenon.[Amin modify coupling strength ¶10-11, Non-stoquastic annealing ¶5 "Non-stoquastic quantum annealing-based quantum processors"], [Goto nonlinear oscillators, bifurcation and annealing ¶6, ¶37 " Each of the quantum nonlinear oscillators implements superposition of distinguishable quantum states by bifurcating one quantum state via a quantum adiabatic change controlled by the bifurcation parameter"] As to dependent claim 6, the rejection of claim 1 is incorporated Goto and Amin further teach wherein the processor is configured to execute the instructions to control the coupling strength of the quantum nonlinear oscillators to one another by the second coupler such that a trajectory of the coupling strength of the quantum nonlinear oscillators to one another by the second coupler due to the change in the control parameter value does not intersect a first-order phase transition line. [Amin modify coupling strength ¶10-11, phase transitions ¶59], [Goto Bifurcation parameters ¶37] As to independent claim 7, Goto teaches a calculation method executed by a computer that controls a calculation device [quantum computation apparatus ¶8, Fig.1] in which a plurality of quantum nonlinear oscillators that change a quantum state from one quantum state to one of two quantum states, which differ from the one quantum state, or to a combined state of the two quantum states, according to a change in a control parameter value, [quantum oscillators, states, superposition (combined state) and parameter changing ¶37 " quantum nonlinear oscillators implements superposition of distinguishable quantum states by bifurcating one quantum state via a quantum adiabatic change controlled by the bifurcation parameter"] are coupled to one another by a first coupler at a coupling strength corresponding to a combinatorial optimization problem, and [coupling with resonator and strength corresponding to Hamiltonian, QUBO or Ising (optimization ¶5) ¶93, ¶96 "adjusting the coupling strength g.sub.i,j of the oscillator and coupling resonator"] controlling, in response to a passage of time, the control parameter value of the quantum nonlinear oscillators and the coupling strength between the quantum nonlinear oscillators by the second coupler; and [gradual increase (passage of time) control of parameters ¶53, ¶48 "when the pump amplitude p (the bifurcation parameter of the Kerr parametric oscillator) of parametric amplification is gradually increased from zero, the quantum nonlinear oscillator 101 starts bifurcating"] measuring the quantum state represented by the quantum nonlinear oscillators. [measuring device that measure output from oscillators ¶37 "A measuring device measures outputs from the quantum nonlinear oscillators."] Goto does not specifically teach a second coupler that couples the quantum nonlinear oscillators to one another separately from the first coupler; and a memory configured to store instructions. However, Amin teaches the quantum nonlinear oscillators are further coupled to one another by a second coupler separately from the first coupler [first and second couplings (ZZ,YY) ¶12 "first basis combination comprises ZZ couplings and the second basis combination comprises YY couplings,"] Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the quantum computation apparatus device by Goto by incorporating the quantum nonlinear oscillators are further coupled to one another by a second coupler separately from the first coupler disclosed by Amin because both techniques address the same field of machine learning and by incorporating Amin into Goto improve performance of quantum devices with less freezing [Amin ¶7] As to independent claim 7, Goto teaches a plurality of quantum nonlinear oscillators that change a quantum state from one quantum state to one of two quantum states, which differ from the one quantum state, or to a combined state of the two quantum states, according to a change in a control parameter value, are coupled to one another by a first coupler at a coupling strength corresponding to a combinatorial optimization problem, and [quantum oscillators, states, superposition (combined state) and parameter changing ¶37 "quantum nonlinear oscillators implements superposition of distinguishable quantum states by bifurcating one quantum state via a quantum adiabatic change controlled by the bifurcation parameter"] controlling, in response to a passage of time, the control parameter value of the quantum nonlinear oscillators and the coupling strength between the quantum nonlinear oscillators by the second coupler; and [gradual increase (passage of time) control of parameters ¶53, ¶48 "when the pump amplitude p (the bifurcation parameter of the Kerr parametric oscillator) of parametric amplification is gradually increased from zero, the quantum nonlinear oscillator 101 starts bifurcating"] measuring the quantum state represented by the quantum nonlinear oscillators. [measuring device that measure output from oscillators ¶37 "A measuring device measures outputs from the quantum nonlinear oscillators."] Goto does not specifically teach a non-transitory recording medium that records a program for causing a computer that controls a calculation device in which the quantum nonlinear oscillators are further coupled to one another by a second coupler separately from the first coupler. However, Amin teaches a non-transitory recording medium that records a program for causing a computer that controls a calculation device in which [medium, processor and instructions ¶14] the quantum nonlinear oscillators are further coupled to one another by a second coupler separately from the first coupler [first and second couplings (ZZ,YY) ¶12 "first basis combination comprises ZZ couplings and the second basis combination comprises YY couplings,"] Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to modify the quantum computation apparatus device by Goto by incorporating the non-transitory recording medium that records a program for causing a computer that controls a calculation device in which the quantum nonlinear oscillators are further coupled to one another by a second coupler separately from the first coupler disclosed by Amin because both techniques address the same field of machine learning and by incorporating Amin into Goto improve performance of quantum devices with less freezing [Amin ¶7] Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action. Amin et al. (US 20200320426 A1) teaches couplers and Hamiltonion with off-diagonal elements (see ¶113) It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Beau Spratt whose telephone number is 571 272 9919. The examiner can normally be reached 8:30am to 5:00pm (PST). 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, Jennifer Welch can be reached at 571 272 7212. The fax phone number for the organization where this application or proceeding is assigned is 571 483 7388. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866 217 9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800 786 9199 (IN USA OR CANADA) or 571 272 1000. /BEAU D SPRATT/Primary Examiner, Art Unit 2143
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Prosecution Timeline

Nov 20, 2023
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+24.5%)
3y 0m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 450 resolved cases by this examiner. Grant probability derived from career allowance rate.

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