Prosecution Insights
Last updated: October 02, 2026
Application No. 18/569,751

QUBIT ELEMENT

Non-Final OA §102
Filed
Dec 13, 2023
Priority
Jun 14, 2021 — nonprovisional of PCTEP2021065943
Examiner
PHAM, LONG
Art Unit
2897
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Rheinisch-Westfälische Technische Hochschule Aachen
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
1530 granted / 1671 resolved
+23.6% vs TC avg
Moderate +6% lift
Without
With
+5.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
40 currently pending
Career history
1697
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
39.7%
-0.3% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1671 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant's election with traverse of claims 1-7 in the reply filed on 6/16/26 is acknowledged. The traversal is on the ground(s) that SEE ELECTION DATED 6/16/26. This is not found persuasive because the consideration (interpretation and weight assignment) and searches of the device and process inventions are not overlapping. The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 102 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) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Le et al. (WO 2018/057013). With respect to claim 1, Le et al. teach a qubit element, comprising (see figs. 1-54, particularly figs. 2 and 35 and associated English text, particularly para 85-95): a quantum well structure 104, 152-1,152-2 of fig. 2, 153, 155 or 156 of fig. 35 within which a quantum well 152-1 is formed along a first direction (z), an electrode arrangement 110-2, 112-2 adapted to restrict a movement of a charge carrier in the quantum well in and against a second direction (x) and in and against a third direction (y), in order to form a quantum dot, wherein the first direction, the second direction, and the third direction are respectively perpendicular to one another in pairs, a base layer (the bottom 153 or 155) formed from strained silicon adjacent to the quantum well structure against the first direction. With respect to claim 2, Le et al. teach an insulation layer of silicon dioxide 130-1 abutting the base layer on a side of the base layer opposite the quantum well structure. See fig. 2 and 35 and associated text. With respect to claim 3, Le et al. teach the quantum well structure has three layers following one another in the first direction, of which the middle layer 153 is formed from strained silicon, and of which the two remaining layers 155 are respectively formed from silicon and germanium. See fig. 2 and 35 and associated text. See fig. 2 and 35 and associated text and para 85-95. With respect to claim 5, Le et al. teach comprising a backgate 110-1,112-1 arranged spaced apart from the quantum well structure against the first direction. See fig. 2 and 35 and associated text. See fig. 2 and 35 and associated text. Allowable Subject Matter Claims 4, 6, and 7 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. Examiner’s Cited References The cited references generally show the similar or related structure having a quantum well structure between an electrode structure and a base layer having strained silicon as presently claimed by applicant. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG PHAM whose telephone number is (571)272-1714. The examiner can normally be reached Mon-Friday. 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, Jacob Choi can be reached at 469-295-9060. 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. LONG . PHAM Examiner Art Unit 2823 /LONG PHAM/Primary Examiner, Art Unit 2897
Read full office action

Prosecution Timeline

Dec 13, 2023
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §102 (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
92%
Grant Probability
97%
With Interview (+5.5%)
2y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1671 resolved cases by this examiner. Grant probability derived from career allowance rate.

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