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 .
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 current title recites a “Quantum Device and Quantum Operation Device”. However, it appears that the invention is directed to waveguides and their coupling function. It is unclear, as currently claimed, what distinguishes this structure over the prior art to function as a quantum device.
A change to the title to better describe the waveguides or their function is suggested.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites structure to include a “color center”. It is unclear of the structure that defines this color center. The specification is silent as to any color spectrum, materials, ranges or characteristics to define such a term. Examiner is left to guess as to what color spectrum, materials or characteristics make up this portion of the waveguide region. It appears Applicant intended to mean a “diamond color center” and if this is the case, an amendment should be made to clarify.
Remaining dependent claims are rejected on the basis of dependency.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 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) 1-5, 8, 11 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021/0224678 to Wan et al.
Wan discloses in the abstract and figures, a device comprising:
A first optical waveguide configured to include diamond (“Diamond”; figure 9A); and
A second optical waveguide optically configured to be coupled to the first optical waveguide and include a material with a lower refractive index than diamond (“Sapphire”; figure 9A), wherein
The first optical waveguide includes:
A first region configured to include a color center (leftmost side in figure 9A and paragraph 12 recites color centers),
A second region that propagates light that propagates in the first region to the second optical waveguide (center region in figure 9A), and
A third region connected to a side of the second region opposite to the first region and bonded to the second opt`ical waveguide (right-side of figure 9A).
As to claims 2-5, figures 7F-7H show a taper in a direction of propagation similar to Applicant figure 1.
As to claim 8, different areas of the 3rd section may be curved (figure 2F).
As to claim 11, the second waveguide is Sapphire (figure 9A).
As to claim 13, the device is a quantum device (paragraph 68).
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 (i.e., changing from AIA to pre-AIA ) 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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan in view of US 2017/0329086 to Latawiee et al.
Wan discloses the invention as claimed except for the following:
Claims 6-7 height taper. It is noted that such tapers are common in the waveguide coupling art.
As to claim 12, Wan discloses the device is 200nm thick (paragraph 90) and a width of 340nm (paragraph 75).
Latawiee discloses a height or thickness taper (paragraph 25) to optimize coupling.
It would have been obvious to one having ordinary skill in the art to adjust not only a width taper but a height taper as taught by Latawiee in Wan to maximize coupling and lower losses.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wan applied to claims above, and further in view of US 10,281,648 to Burek et al.
Wan discloses the invention as claimed except for a hollow portion in an area of the second region of the cladding layer and as o claim 10, below a third region.
Burek discloses creating an air gap to create an air-clad to define a mode profile and route photons efficiently.
It would have been obvious to one having ordinary skill in the art to add a hollow portion as taught by Burek in Wan to provide additional photon routing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Eric K Wong whose telephone number is (571)272-2363. The examiner can normally be reached M-Tu, Th-F 8A-6P.
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, Thomas Hollweg can be reached on 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ERIC K. WONG
Primary Examiner
Art Unit 2874
/Eric Wong/Primary Examiner, Art Unit 2874
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