Prosecution Insights
Last updated: April 19, 2026
Application No. 18/573,683

A SAMPLE HOLDER AND A METHOD OF OPERATING IT

Non-Final OA §103
Filed
Dec 22, 2023
Examiner
WENDEROTH, FREDERICK
Art Unit
2852
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qm Technologies Aps
OA Round
1 (Non-Final)
93%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
90%
With Interview

Examiner Intelligence

Grants 93% — above average
93%
Career Allow Rate
675 granted / 726 resolved
+25.0% vs TC avg
Minimal -3% lift
Without
With
+-2.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
748
Total Applications
across all art units

Statute-Specific Performance

§101
17.8%
-22.2% vs TC avg
§103
60.0%
+20.0% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
12.0%
-28.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 726 resolved cases

Office Action

§103
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 . Claims 1 – 11 are canceled. Claim Rejections - 35 USC § 103 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, 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. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A). Regarding claim 12 Martinis discloses An assembly of a quantum device and a sample holder (Fig. 1, Ref 112, ¶ 6, under Specific Implementation Methods), the sample holder comprising: a first portion comprising a first cavity (¶ 17, under Summary Of The Invention), a second portion comprising a second cavity (¶ 17, under Summary Of The Invention), first fixing elements comprising a printed circuit board (¶ 22 under Summary Of The Invention) configured to bias the quantum device (¶ 6 under Specific Implementation Methods) toward the first portion, the printed circuit board comprising electrically conducting elements and/or wave guides of the printed circuit board ((¶ 6 under Specific Implementation Method, the paragraph discloses conductors), and second fixing elements configured to fix the first and second portions to each other (¶ 6 under Specific Implementation Methods), wherein: Martinis does not disclose “the quantum device covers at least part of the first cavity, the quantum device covers at least part of the second, the quantum device is fixed to the first portion by the first fixing elements, and the electrical conductor(s) and/or wave guide(s) is/are connected to the quantum device and extend to outside of the first and second portions”. Zheng, however, discloses the quantum device covers at least part of the first cavity ([0015]), the quantum device covers at least part of the second cavity ([0015] & [0012], the quantum device comprises “microcavities—at least a part of the cavities), the quantum device is fixed to the first portion by the first fixing elements ([0004] & [0009]), and the electrical conductor(s) and/or wave guide(s) is/are connected to the quantum device and extend to outside of the first and second portions ([0012]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “several cavities under the quantum device and waveguide” as taught by Zheng in the device of Martinis. The justification for this modification would be to make an integrated quantum device of small size, and use a waveguide for low-loss, high-frequency transmission. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Pednault (CN-111052122-A). Regarding claim 13 Martinis in view of Zheng teach the assembly according to claim 12, Martinis in view of Zheng do not teach “further comprising a cut-out portion at the first cavity, the quantum device being provided in the cut-out portion”. Pednault, however, teaches further comprising a cut-out portion at the first cavity, the quantum device being provided in the cut-out portion (¶ 21 above “Claims”) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “cut out at first cavity” as taught by Pednault in the assembly of Martinis in view of Zheng. The justification for this modification would be to miniaturize the quantum device. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Shu (CN-105610047-A). Regarding claim 14 Martinis in view of Zheng teach the assembly according to claim 13, Martinis in view of Zheng do not disclose “wherein the cut-out portions have a first depth, and the quantum device has a first height, where the first height exceeds the first depth”. Shu, however, discloses wherein the cut-out portions have a first depth, and the quantum device has a first height, where the first height exceeds the first depth (Claim 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “specific dimension of cut-out portions” as taught by Shu in the assembly of Martinis in view of Zheng. The justification for this modification would be to tailor the resonant cavity to a specific resonant frequency. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Butters (CN-102621343-A). Regarding claim 15 Martinis in view of Zheng teach the assembly according to claim 12, Martinis in view of Zheng do not teach “further comprising an electromagnetic shielding surrounding a main portion of the first and second portions”. Butters, however, discloses further comprising an electromagnetic shielding surrounding a main portion of the first and second portions (Claim 35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “electromagnetic shielding surrounding the first and second portions” as taught by Butters in the assembly of Martinis in view of Zheng. The justification for this modification would be to minimize the EM interference in the quantum device. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zhen (CN-103235362-A) in view of Sheik- Bahae (US-8720219-B1). Regarding claim 16 Martinis in view of Zheng teach the assembly according to claim 12, Martinis in view of Zheng do not teach “An assembly cooled to a temperature below 100K”. Sheik- Bahae, however, teaches An assembly cooled to a temperature below 100K (¶ 1 below Detailed Description). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “assembly cooled below 100K” as taught by Sheik- Bahae in the assembly of Martinis in view of Zheng. The justification for this modification would be to minimize thermal noise in a quantum device application. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A). Regarding claim 17 Martinis in view of Zheng teach a method of a quantum device in an assembly according to claim 12, Martinis in view of Zheng do not teach “the method comprising: fixing the quantum device to the first portion so as to cover at least a a) portion of the first cavity, fixing the second portion to the first portion so that the quantum device b) covers at least a portion of the second cavity, and electrically connecting the quantum device to the electrically conducting c) element(s) and/or wave guide(s)”. Wang, however, discloses fixing the quantum device to the first portion so as to cover at least a a) portion of the first cavity, fixing the second portion to the first portion so that the quantum device b) covers at least a portion of the second cavity, and electrically connecting the quantum device to the electrically conducting c) element(s) and/or wave guide(s) (Claim 9, the devices overlap each other and are electrically connected). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “fixing portion with electrical connections” as taught by Wang in the method of Martinis in view of Zheng. The justification for this modification would be to miniaturize the quantum device as much as possible. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A) in view of Guo (CN-104752803-A). Regarding claim 18 Martinis in view of Zheng in view of Wang teach a method of a quantum device in an assembly according to claim 17, Martinis in view of Zheng in view of Wang do not teach “wherein step a) comprises biasing, via the printed circuit board, the quantum device toward the first portion”. Guo, however, discloses wherein step a) comprises biasing, via the printed circuit board, the quantum device toward the first portion (¶ 1 & 4 under (Two) Technical Solution)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “biasing towards the first portion via circuit board” as taught by Guo in the method of Martinis in view of Zheng in view of Wang. The justification for this modification would be to allow communication between the quantum portion of the device and the rest of the device. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A) in view of Pednault (CN-111052122-A). Regarding claim 19 Martinis in view of Zheng in view of Wang teach the method according to claim 17, Martinis in view of Zheng in view of Wang do not teach “wherein the first portion comprises a cut-out portion at the first cavity, wherein step a) comprises providing the quantum device in the cut-out portion”. Pednault, however, teaches wherein the first portion comprises a cut-out portion at the first cavity, wherein step a) comprises providing the quantum device in the cut-out portion (¶ 21 above “Claims”) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “cut out at first cavity” as taught by Pednault in the assembly of Martinis in view of Zheng in view of Wang. The justification for this modification would be to miniaturize the quantum device. Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A) in view of Pednault (CN-111052122-A) in view of Shu (CN-105610047-A). Regarding claim 20 Martinis in view of Zheng in view of Wang in view of Pednault teach the method according to claim 19, Martinis in view of Zheng in view of Wang in view of Pednault do not teach “the cut-out portion has a first depth, and the quantum device has a first height, where the first height exceeds the first depth”. Shu, however, teaches the cut-out portion has a first depth, and the quantum device has a first height, where the first height exceeds the first depth (Claim 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “specific dimension of cut-out portions” as taught by Shu in the assembly of Martinis in view of Zheng in view of Wang in view of Pednault. The justification for this modification would be to tailor the resonant cavity to a specific resonant frequency. Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A) in view of Butters (CN-102621343-A). Regarding claim 21 Martinis in view of Zheng in view of Wang teach the method according to claim 17, Martinis in view of Zheng in view of Wang do not teach “further comprising the step of providing an electromagnetic shielding surrounding a main portion of the first and second portions”. Butters, however, discloses further comprising the step of providing an electromagnetic shielding surrounding a main portion of the first and second portions (Claim 35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “electromagnetic shielding surrounding the first and second portions” as taught by Butters in the assembly of Martinis in view of Zheng in view of Wang. The justification for this modification would be to minimize the EM interference in the quantum device. Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Martinis (CN-110520873-A) in view of Zheng (CN-103235362-A) in view of Wang (CN-104569884-A) in view of Sheik-Bahae (US-8720219-B1). Regarding claim 22 Martinis in view of Zheng in view of Wang teach the method according to claim 17, Martinis in view of Zheng in view of Wang do not teach “further comprising the step of cooling the assembly to a temperature below 100K”. Sheik-Bahae, however, teaches further comprising the step of cooling the assembly to a temperature below 100K (¶ 1 below Detailed Description). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the “assembly cooled below 100K” as taught by Sheik- Bahae in the assembly of Martinis in view of Zheng in view of Wang. The justification for this modification would be to minimize thermal noise in a quantum device application. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK WENDEROTH whose telephone number is (571)270-1945. The examiner can normally be reached M-F 7 a.m. - 4 p.m.. 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, Walter Lindsay can be reached at 571-272-1674. 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. /WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852 /Frederick Wenderoth/ Examiner, Art Unit 2852
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Prosecution Timeline

Dec 22, 2023
Application Filed
Feb 23, 2026
Non-Final Rejection — §103 (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
93%
Grant Probability
90%
With Interview (-2.8%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 726 resolved cases by this examiner. Grant probability derived from career allow rate.

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