DETAILED ACTION
Applicant was contacted for double patenting rejections in light of compact prosecution. Applicant’s voice mail is not working and this OA is thus issued.
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12013845. Although the claims at issue are not identical, they are not patentably distinct from each other because see table below.
Instant Application
12013845 Patent
A quantum computing platform comprising:
at least one processor;
a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the quantum computing platform to:
establish a smart contract approval and management model, wherein the smart contract approval and management model includes one or more rules for automated validation of container configuration outputs;
generate, based on a data feed received from a workload processing system, a first container configuration output, wherein the first container configuration output defines a batch configuration for use in processing the data feed;
validate, using the one or more rules for automated validation, the first container configuration output; and
send, to the workload processing system, the first container configuration output and one or more commands directing the workload processing system to process the data feed using the batch configuration defined by the first container configuration output, wherein sending the one or more commands directing the workload processing system to process the data feed using the batch configuration causes the workload processing system to process the data feed using the batch configuration.
1. A quantum computing platform comprising:
at least one processor; a communication interface communicatively coupled to the at least one processor; and memory storing computer-readable instructions that, when executed by the at least one processor, cause the quantum computing platform to:
establish a smart contract approval and management model, wherein the smart contract approval and management model includes: one or more rules for automated validation of container configuration outputs, and one or more rules for validation of the container configuration outputs based on receipt of approver information from a plurality of approvers identified in the smart contract approval and management model;
…
generate, based on the data feed, a first container configuration output, wherein the first container configuration output defines a batch configuration for use in processing the data feed;
validate, using the one or more rules for automated validation, the first container configuration output; and
send, to the workload processing system, the first container configuration output and one or more commands directing the workload processing system to process the data feed using the batch configuration defined by the first container configuration output, wherein sending the one or more commands directing the workload processing system to process the data feed using the batch configuration causes the workload processing system to process the data feed using the batch configuration.
2. The quantum computing platform of claim 1, wherein the one or more rules for automated validation of container configuration outputs define thresholds for each of a plurality of optimization criteria associated with the container configuration output.
2. The quantum computing platform of claim 1, wherein the one or more rules for automated validation of container configuration outputs define thresholds for each of a plurality of optimization criteria associated with the container configuration output.
3. The quantum computing platform of claim 2, wherein the optimization criteria includes one or more of: a performance score, corresponding to a processing speed of the container configuration outputs, a completeness score, corresponding to a completeness or lack of completeness of data elements as a result of use of the container configuration outputs, a correctness score, corresponding to an accuracy of data values as a result of use of the container configuration outputs, and an integrity score, based on data corruption or lack of the data corruption occurring as a result of use of the container configuration outputs.
3. The quantum computing platform of claim 2, wherein the optimization criteria includes one or more of: a performance score, corresponding to a processing speed of the container configuration outputs, a completeness score, corresponding to a completeness or lack of completeness of data elements as a result of use of the container configuration outputs, a correctness score, corresponding to an accuracy of data values as a result of use of the container configuration outputs, and an integrity score, based on data corruption or lack of the data corruption occurring as a result of use of the container configuration outputs.
4. The quantum computing platform of claim 2, wherein generating the first container configuration output comprises: generating, using a container configuration model and based on the data feed, a plurality of container configuration outputs including the first container configuration output; ranking, using a non-fungible token contract (NFTC) model and based on the optimization criteria, the plurality of container configuration outputs; and selecting a highest ranked container configuration output of the plurality of container configuration outputs.
4. The quantum computing platform of claim 2, wherein generating the first container configuration output comprises: generating, using a container configuration model and based on the data feed, a plurality of container configuration outputs including the first container configuration output; ranking, using a non-fungible token contract (NFTC) model and based on the optimization criteria, the plurality of container configuration outputs; and selecting a highest ranked container configuration output of the plurality of container configuration outputs.
5. The quantum computing platform of claim 4, wherein the plurality of container configuration outputs includes a second container configuration output, ranked immediately above the first container configuration output.
5. The quantum computing platform of claim 4, wherein the plurality of container configuration outputs includes a second container configuration output, ranked immediately above the first container configuration output.
6. The quantum computing platform of claim 5, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: identify that the second container configuration output fails to satisfy at least one of the one or more rules for automated validation; and based on identifying that the second container configuration output fails to satisfy the at least one of the one or more rules for automated validation, select the first container configuration output for comparison to the one or more rules for automated validation.
6. The quantum computing platform of claim 5, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: identify that the second container configuration output fails to satisfy at least one of the one or more rules for automated validation; and based on identifying that the second container configuration output fails to satisfy the at least one of the one or more rules for automated validation, select the first container configuration output for comparison to the one or more rules for automated validation.
7. The quantum computing platform of claim 2, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: request, after validating, using the one or more rules for automated validation, the first container configuration output, approver information from one or more smart contract approvers identified in the smart contract approval and management model; and receive the approver information, wherein the approver information indicates whether or not the respective one or more smart contract approvers approve implementation of the first container configuration output, wherein sending the first container configuration output and one or more commands directing the workload processing system to process the data feed using the batch configuration defined by the first container configuration output is based on identifying that consensus approval is achieved among the one or more smart contract approvers.
7. The quantum computing platform of claim 1, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: request, after validating, using the one or more rules for automated validation, the first container configuration output, approver information from one or more smart contract approvers identified in the smart contract approval and management model; and receive the approver information, wherein the approver information indicates whether or not the respective one or more smart contract approvers approve implementation of the first container configuration output, wherein sending the first container configuration output and one or more commands directing the workload processing system to process the data feed using the batch configuration defined by the first container configuration output is based on identifying that consensus approval is achieved among the one or more smart contract approvers.
8. The quantum computing platform of claim 7, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: identify that the consensus approval is not achieved for a second container configuration output; and based on identifying that the consensus approval is not achieved for the second container configuration output, selecting the first container configuration output for comparison to the one or more rules for automated validation, wherein the first container configuration output comprises one or a plurality of container configuration outputs ranked immediately after the second container configuration output.
8. The quantum computing platform of claim 7, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: identify that the consensus approval is not achieved for a second container configuration output; and based on identifying that the consensus approval is not achieved for the second container configuration output, selecting the first container configuration output for comparison to the one or more rules for automated validation, wherein the first container configuration output comprises one or a plurality of container configuration outputs ranked immediately after the second container configuration output.
9. The quantum computing platform of claim 7, wherein a unique approval scheme corresponds to each of the one or more smart contract approvers.
10. The quantum computing platform of claim 9, wherein the unique approval scheme defines thresholds, for each of the optimization criteria, to be satisfied to receive approval from the corresponding smart contract approver.
11. The quantum computing platform of claim 9, wherein the unique approval scheme defines a weighting scheme, indicating a weight to be applied to the approver information from each of the one or more smart contract approvers.
12. The quantum computing platform of claim 9, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: dynamically adjust, using a feedback loop, the unique approval scheme based on the consensus approval.
9. The quantum computing platform of claim 7, wherein a unique approval scheme corresponds to each of the one or more smart contract approvers.
10. The quantum computing platform of claim 9, wherein the unique approval scheme defines thresholds, for each of the optimization criteria, to be satisfied to receive approval from the corresponding smart contract approver.
11. The quantum computing platform of claim 9, wherein the unique approval scheme defines a weighting scheme, indicating a weight to be applied to the approver information from each of the one or more smart contract approvers.
12. The quantum computing platform of claim 9, wherein the memory stores additional computer readable instructions that, when executed by the at least one processor, cause the quantum computing platform to: dynamically adjust, using a feedback loop, the unique approval scheme based on the consensus approval.
13. The quantum computing platform of claim 1,
wherein establishing the smart contract approval and management model further comprises establishing one or more rules for validation of the container configuration outputs based on receipt of approver information from a plurality of approvers identified in the smart contract approval and management model.
1. A quantum computing platform …
establish a smart contract approval and management model, wherein the smart contract approval and management model includes: one or more rules for automated validation of container configuration outputs, and one or more rules for validation of the container configuration outputs based on receipt of approver information from a plurality of approvers identified in the smart contract approval and management model;
14. The quantum computing platform of claim 1, further comprising:
receiving the data feed, wherein the data feed indicates current workload information.
1. A quantum computing platform …
receive, from a workload processing system, a data feed indicating current workload information; …
As per claim 15, see rejection on claim 1.
As per claim 16, see rejection on claim 2.
As per claim 17, see rejection on claim 3.
As per claim 18, see rejection on claim 4.
As per claim 19, see rejection on claim 5.
As per claim 20, see rejection on claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2024/0354615 teaches a method of implementing intelligent orchestration of quantum programs to external quantum hardware leveraging non-fungible token (NFT) technology. Agarwal et al, Agarwal, Udit, Kuldeep Singh, and Rajesh Verma. "An overview of non-fungible tokens (NFT)." International Journal of Advanced Research in Science, Communication and Technology (IJARSCT) 1.2 (2022): 237-240 teaches: a method of using NFTs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLIE SUN whose telephone number is (571)270-5100. The examiner can normally be reached 9AM-5PM.
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, Pierre Vital can be reached at (571) 272-4215. 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.
/CHARLIE SUN/Primary Examiner, Art Unit 2198
Prosecution Insights