Prosecution Insights
Last updated: April 19, 2026
Application No. 18/586,630

SECURE AND PERFORMANT LONG DISTANCE QUANTUM KEY DISTRIBUTION (QKD) SYSTEM

Final Rejection §103
Filed
Feb 26, 2024
Examiner
PERUNGAVOOR, VENKATANARAY
Art Unit
2492
Tech Center
2400 — Computer Networks
Assignee
Deutsche Telekom AG
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 10m
To Grant
91%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
877 granted / 999 resolved
+29.8% vs TC avg
Minimal +4% lift
Without
With
+3.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
43 currently pending
Career history
1042
Total Applications
across all art units

Statute-Specific Performance

§101
13.6%
-26.4% vs TC avg
§103
43.7%
+3.7% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 999 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 . DETAILED ACTION This office action is in response to the application filed on or reply to the remarks of 1/6/2025. The instant application has claims 1-9 pending. The system, method and medium for using quantum repeaters for long distance for key distribution. There a total of 9 claims. Response to Arguments The applicant amendments to claim 3 overcomes the objection. Applicant's arguments filed 1/6/2026 have been fully considered but they are not persuasive. The applicant argues that Mao nor Yu disclose the KDF that is configured to collect keys and transform the collected quantum keys and provide the keys are an second key rate. Mao discloses an deriving a key rate that is used for repeaters see §3.1.2 Deriving the secret key rate. And further the keys are derived with mixing or adding Bob and Alice keys see Fig. 4(a); and with Bob, Alice and Charlie see Fig. 4(b) & § 3.1.1 The procedure for TF-QKD Step 6. Thus, the collecting of quantum keys, transforming the keys and sending at an second rate is taught by Mao. Drawings The drawings are objected to under 37 CFR 1.83(a) because they fail to show as described in the specification, the element name needs to be inside the boxes, not as an legend as shown in newly filed drawings of 1/6/2026. That is, the boxes should have both the number and element name for ease of understanding. For example, box with 101 should have encryptor below the number. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings must an labeled with words illustrate the specific steps and elements that it represents consistent with specifications. See MPEP 37 CFR 1.83 citation below with underline for emphasis. 1.83 Content of drawing. (a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings. (b) When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith. (c) Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. Such corrections are subject to the requirements of § 1.81(d). 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. The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Recent advances on quantum key distribution overcoming the linear secret key capacity bound to Mao in view of US Patent Pub 2023/0299952 to Yu. Regarding claim1 1,8, Mao discloses A cryptographic unit for a terminal node of a quantum key distribution (QKD) system, the cryptographic unit comprising: a trusted node (TN) for providing quantum encryption keys at a first key rate(3.1.2 Deriving the secret key rate, Bob’s rate) ; a key derivation function (KDF) for collecting quantum encryption keys, transforming the collected quantum encryption keys, and providing the transformed quantum encryption keys at a second key rate(Fig. 1 b) Alice and Bob keys are combined for transmission to Charlie for √ n rate & 3.1 Twin-fled QKD & Fig. 2 Key-rate vs Distance & 3.3.2 TF-QKD with no phase post -selection & § 3.1.1 the procedure for TF-QKD & Fig. 4(a), mixing with keys from Alice and Bob & Fig. 4(b) with Bob, Alice and Charlie & § 3.1.1 The procedure for TF-QKD Step 6.). Mao does not disclose a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate. In the same field of endeavor as the claimed invention, Yu discloses a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate(Abstract & Par. 0038 & Par. 0035-0037, the key rate is lower). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify Mao invention to incorporate a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate for the advantage of providing an shortest distance for key sharing network as taught in Yu see Par. 0038. Regarding claim 2. the combined system of Mao and Yu, mutatis mutandis, Mao discloses The cryptographic unit according to claim 1, wherein the KDF comprises an advanced encryption standard (AES) function or a cryptographic hash function(I. Introduction, encryption being used)). Regarding claim 3. Mao discloses The terminal node for the QKD system, comprising: an encryptor for configured to encrypt or decrypt digital payload data using a plurality of quantum encryption keys(Fig. 1 & Fig. 4, encoding module & 1. Introduction). ; and the cryptographic unit configure to provide transformed quantum encryption keys as the plurality of quantum encryption keys(Fig. 1 & Fig. 4, transformed keys); wherein the cryptographic unit comprises: a trusted node (TN) configured to provide quantum encryption keys at a first key; a key derivation function (KDF) configured to: collect quantum encryption keys(Fig. 4, keys from Alice, Bob and Charlie put into mixer), transform the collected quantum encryption keys, and provide the transformed quantum encryption keys at a second key rate(Fig. 1 b) Alice and Bob keys are combined for transmission to Charlie for √ n rate & 3.1 Twin-fled QKD & Fig. 2 Key-rate vs Distance & 3.3.2 TF-QKD with no phase post -selection & 3.1.1 the procedure for TF-QKD& mixer with keys from Alice and Bob & Fig. 4(a) & Fig. 4(b) with Bob, Alice and Charlie & § 3.1.1 The procedure for TF-QKD Step 6.).; Mao does not disclose a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate . Yu discloses a quantum repeater (QR) configured to provide the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate((Abstract & Par. 0038 & Par. 0035-0037, the key rate is lower). It would have been obvious to one of ordinary skill in the art before the effective filing date of claimed invention to modify Mao invention to incorporate a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate for the advantage of providing an shortest distance for key sharing network as taught in Yu see Par. 0038. Regarding claim 4. Mao discloses wherein the first terminal node comprises: the first terminal node(Fig. 4); a first encryptor configured to encrypt or decrypt digital payload data using a plurality of quantum encryption keys(abstract, the encrypt and decrypt); and a first cryptographic unit configured to provide transformed quantum encryption keys as the plurality of quantum encryption keys(Fig. 4 , keys from Alice, Bib and Charlie); wherein the first cryptographic unit comprises: a first trusted node (TN) configured to provide quantum encryption keys at a first key rate(3.1.2 Deriving the secret key rate, Bob’s rate): a first key derivation function (KDF) configured to: collect quantum encryption keys, transform the collected quantum encryption keys, and provide the transformed quantum encryption keys at a second key rate(Fig. 1 b) Alice and Bob keys are combined for transmission to Charlie for √ n rate & 3.1 Twin-fled QKD & Fig. 2 Key-rate vs Distance & 3.3.2 TF-QKD with no phase post -selection & 3.1.1 the procedure for TF-QKD& mixer with keys from Alice and Bob & Fig. 4(a) & Fig. 4(b) with Bob, Alice and Charlie & § 3.1.1 The procedure for TF-QKD Step 6.).; Mao does not disclose a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate and the second encryptor. Yu discloses The QKD system, comprising: a first quantum repeater (QR) configured to provide the first KDF with a quantum transformation key defining a transformation by the first KDF at a third key rate lower than the first key rate(((Abstract & Par. 0038 & Par. 0035-0037, the key rate is lower); and a second terminal node comprising a second encryptor and a second cryptographic unit, wherein the second cryptographic unit comprises a second TN, a second KDF, and a second QR(Fig. 7-9). ; wherein the terminal node and the second terminal node are connected to each other; wherein the encryptor and the second encryptor are connected for transmitting encrypted digital payload data(Fig. 7-9). ; wherein the TN and the second TN are connected for cooperatively providing quantum encryption keys; and wherein the QR and the second QR are connected for cooperatively providing quantum transformation keys(Fig. 7-9). In the same field of endeavor as the claimed invention, Yu discloses a quantum repeater (QR) for providing the KDF with a quantum transformation key defining a transformation by the KDF at a third key rate lower than the first key rate and second encryptor for the advantage of providing an shortest distance for key sharing network as taught in Yu see Par. 0038. Regarding claim 5. the combined system of Mao and Yu, mutatis mutandis, Mao discloses The QKD system according to claim 4, wherein the KDF and the second KDF are identical(3.1.1 the procedure for TF-QKD, Alice and Bob get same final key). Regarding claim 6. the combined system of Mao and Yu, mutatis mutandis, Mao discloses The QKD system according to claim 4, further comprising: an intermediate node with a TN and/or a QR, wherein the TN of the intermediate node is connected to the TN of the terminal node, and/or wherein the QR of the intermediate node is connected to the QR of the terminal node(Fig. 1a)-c), the intermediate nodes). Regarding claim 7. the combined system of Mao and Yu, mutatis mutandis, Mao discloses The QKD system according to claim 6, comprising a plurality of intermediate nodes(Fig. 1a)-c), the intermediate nodes). Regarding claim 9. the combined method of Mao and Yu, mutatis mutandis, Mao discloses The method according to claim 8, wherein each quantum encryption key or quantum transformation key is provided as a chunk having 256 bits(3.3 Improving the protocol, the protocol calls for bit size). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Venkat Perungavoor whose telephone number is (571)272-7213. The examiner can normally be reached 9-5. 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, Rupal Dharia can be reached on 571-272-3880. 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. /VENKAT PERUNGAVOOR/Primary Examiner, Art Unit 2492 Email: venkatanarayan.perungavoor@uspto.gov 1 The examiner notes that an possible interpretation of nodes as only software communicating with each other, i.e. one node’s software communicating with another node’s software, thus possible for 35 USC 101 rejection for being only software only. However, the examiner notes that nodes connected via glass fiber mentioned in Spec. Par. 022 moves this claims into an hardware interpretation, is the only reason no 35 USC 101 rejection was made. Furthermore, the program/software only implementation of the invention is absent in specifications.
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Prosecution Timeline

Feb 26, 2024
Application Filed
Oct 06, 2025
Non-Final Rejection — §103
Jan 06, 2026
Response Filed
Feb 23, 2026
Final Rejection — §103
Apr 09, 2026
Applicant Interview (Telephonic)
Apr 09, 2026
Examiner Interview Summary

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
91%
With Interview (+3.5%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 999 resolved cases by this examiner. Grant probability derived from career allow rate.

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