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 .
Information Disclosure Statement
2. The Information Disclosure Statements filed on 05/03/2024 and 01/01/2025 have been considered.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
For claim 1,
a. digital computing means configured to…on lines 13-19.
For claim 2,
a. a device for adapting the optical signal delivered….one lines 2,3.
For claim 8,
a. the digital computing means further configured to…on lines 13-19.
For claim 9,
a. a polarization synchronization and measurement device configured to ensure… on lines 9-12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
a. The digital computing means 504, such as for example an ASIC, an FPGA, a DSP, or a microprocessor, configured to carry out the random sequence generation function 505, and a protocol controller function 506, see paragraph 79 and figure 5.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 2 and 9 are 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. Regarding claims 9 and 9 Applicant claims, “a device for adapting the optical signal” and “a polarization synchronization and measurement device configured…” as described in paragraphs 94 and 116 and figure 5 (508) and figure 9 (905) respectively but provides not further description of the structure of the device for adapting the optical signal and a polarization synchronization and measurement device and thus making the claims 2 and 9 vague and indefinite. Appropriate correction is required to make the claim clearer.
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 35 U.S.C. 103 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.
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.
Claims 1,2,3,5,6 and 7 are rejected under 35 USC 103 as being unpatentable over Fabio et al ;(WO 2019/149383) in view of Ren et al; (Quantum Random Number Generator Based on photon number resolving detector – 2011 attached).
Regarding claim 1, Fabio discloses a device for generating an optical signal in the form of a succession of optical pulses a quantum state of which for quantum key exchange between a transmitter and a receiver, (QKD apparatus for transmission and/ or reception of the quantum signal wherein the QKD apparatus 400 consists of quantum random number generator (QRNG) and a quantum state may therefore be encoded in the phase difference between the optical pulses in the two arms of the AMZI 402, in the intensity/amplitude of the optical pulses, see page 9, lines 30-32 and figure 4) the device comprising, in one and the same equipment: a photon source configured to generate at least one pulse stream comprising one or more photons,(optical pulses (photons) generated by the laser 102, see figure 4) a quantum state modulator configured to generate said optical signal based on one of the pulse streams generated by said photon source by adjusting the number and quantum state of the one or more photons of the pulses; (the quantum encoder 204, to control the amount of phase modulation and/or intensity modulation required to be applied to an optical pulse in order to encode a respective quantum state on the optical pulse and a quantum state may therefore be encoded in the phase difference between the optical pulses in the two arms of the AMZI 402, in the intensity/amplitude of the optical pulses output from the AMZI or in both phase difference and intensity, see page 9, lines 27-32 and figure 4) said number and quantum state of the one or more photons of the pulses being defined by a control word, (the output signal from the QRNG is delivered to the quantum encoder 204 and the quantum encoder 204, to control the amount of phase modulation and/or intensity modulation required to be applied to an optical pulse in order to encode a respective quantum state on the optical pulse, see page 9, lines 15,16,30-32 and figure 4) the device further comprising, in said equipment: digital computing means (signal processing apparatus (DSP) 320, see figure 4) configured to: generate at least one random sequence having a given probability distribution and rate, based on the random,( DSP, 320 apparatus is configured to convert a detected intensity of the output signal into a corresponding amplitude level and to generate an output signal comprising an indication of the amplitude level and an algorithm is used to derive numbers having a target distribution from the randomly distributed detected intensities, see page 9, lines 14-18 and figure 4) generate the control word that is transmitted to said quantum state modulator in accordance with a given key exchange protocol, based on said at least one random sequence (the output signal from the QRNG is delivered to the quantum encoder 204 and the quantum encoder 204, to control the amount of phase modulation and/or intensity modulation required to be applied to an optical pulse in order to encode a respective quantum state on the optical pulse, see page 9, lines 15,16,30-32 and figure 4).
However, Fabio does not explicitly disclose codes binary information, a device, referred to as ADC transducer, configured to convert the photons of one of the pulse streams generated by said photon source into a random binary string, binary sequence produced by said ADC transducer.
In a related filed of endeavor, Ren discloses codes binary information, a device, referred to as ADC transducer, (Analog to digital converter (ADC), see figure 3) configured to convert the photons of one of the pulse streams generated by said photon source into a random binary string, binary sequence produced by said ADC transducer; (the output of the multipixel photon counter (MPPC) is digitalized (binary values) by a seven level amplitude detection analog-to-digital conversion (ADC), which could classify the incoming photon pulses into eight different levels and the random bit series was generated, see page 3 column 1, paragraph 3 and figure 3).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the ADC transducer of Ren with Fabio to digitize the output of the photon detector and the motivation is to classify the incoming photon pulses into eight different levels to generate random string of binary numbers.
Regarding claim 2, Fabio discloses the optical signal generation device according to claim 1, furthermore comprising a device for adapting the optical signal delivered by the quantum state modulator to the transmission medium of said optical signal; (By setting the optical attenuation apparatus to a minimum attenuation, it is effectively by-passed, making the optical pulses so strong as to enable frequency locking of tuneable optical filters and clock synchronization between pairs of QKD apparatus, see page 10, lines 20-23).
Regarding claim 3, Fabio discloses the optical signal generation device according to claim 2, wherein the transmission medium of the optical signal is chosen from among an optical fibre and free space ;(two QKD apparatus 100 coupled to each other with an optical fiber 502, see figure 5).
Regarding claim 5, Fabio does not explicitly disclose the optical signal generation device according to claim 1, wherein the ADC transducer is configured to exploit a random quantum phenomenon of the photons of one of the pulse streams generated by the photon source to determine said random binary string.
In a related field of endeavor, Ren discloses the optical signal generation device according to claim 1, wherein the ADC transducer (Analog to digital converter (ADC), see figure 3) is configured to exploit a random quantum phenomenon of the photons of one of the pulse streams generated by the photon source to determine said random binary string; (the output of the multipixel photon counter (MPPC) is digitalized (binary values) by a seven level amplitude detection analog-to-digital conversion (ADC), which could classify the incoming photon pulses into eight different levels and the random bit series was generated, see page 3 column 1, paragraph 3 and figure 3) Motivation same as claim 1.
Regarding claim 6, Fabio discloses the optical signal generation device according to claim 5, wherein said random quantum phenomenon exploited is chosen from among: an initial phase of the pulses, an amplitude of the pulses, a time of occurrence of the pulses, a speckle pattern of the pulses; (the output signal from the QRNG is delivered to the quantum encoder 204 and the quantum encoder 204, to control the amount of phase modulation and/or intensity modulation required to be applied to an optical pulse in order to encode a respective quantum state on the optical pulse, see page 9, lines 15,16,30-32 and figure 4).
However, Fabio does not explicitly disclose by the ADC transducer.
In a related field of endeavor, Ren discloses by the ADC transducer; (the output of the multipixel photon counter (MPPC) is digitalized (binary values) by a seven level amplitude detection analog-to-digital conversion (ADC), which could classify the incoming photon pulses into eight different levels and the random bit series was generated, see page 3 column 1, paragraph 3 and figure 3) Motivation same as claim 1.
Regarding claim 7, Fabio discloses the optical signal generation device according to claim 1, wherein said at least one random sequence generated by the computing means is obtained by applying one-way mathematical functions; (an algorithm is used to derive numbers having a target distribution from the randomly distributed detected intensities. Common algorithms such as inverse transform sampling or the Box-Muller transformation, for transforming uniformly distributed random variables to a new set of random variables with a Gaussian (or Normal) distribution, may be used, see page 9, lines 17-21 and figure 3).
However, Fabio does not explicitly disclose to the random binary string produced by the ADC transducer.
In a related field of endeavor, Ren discloses to the random binary string produced by the ADC transducer; (the output of the multipixel photon counter (MPPC) is digitalized (binary values) by a seven level amplitude detection analog-to-digital conversion (ADC), which could classify the incoming photon pulses into eight different levels and the random bit series was generated, see page 3 column 1, paragraph 3 and figure 3) Motivation same as claim 1.
Claims 4 and 8 are rejected under 35 USC 103 as being unpatentable over Fabio et al ;(WO 2019/149383) in view of Ren et al; (Quantum Random Number Generator Based on photon number resolving detector – 2011 attached) and further in view of Hsin-Pin et al; (Generation of a time–bin Greenberger–Horne–Zeilinger state with an optical switch – April 2023 attached).
Regarding claim 4, the combination of Fabio and Ren does not explicitly disclose the optical signal generation device according to claim 1, wherein the photon source is one of: a pulsed laser configured to generate an optical pulse stream, associated with a power divider configured to generate at least two pulse streams from said pulse stream of the pulsed laser, a pulsed laser configured to generate two pulse streams, a single-photon source configured to generate a stream of pulses each comprising a photon, associated with a splitter plate configured to divide said pulse stream into at least two distinct pulse streams, or a single-photon source configured to generate two streams of single photons.
In a related field of endeavor, Hsin-Pin discloses the optical signal generation device according to claim 1, wherein the photon source is one of: a pulsed laser configured to generate an optical pulse stream, associated with a power divider configured to generate at least two pulse streams from said pulse stream of the pulsed laser ;( a 1551.1 nm pulse train by launching mode-locked (ML) laser pulses with a repetition rate of 250 MHz into a 0.2 nm optical bandpass filter (BPF) and 1:99 beam splitter for splitting the mode locked laser; see page 3, section 3 and figure 1) a pulsed laser configured to generate two pulse streams, a single-photon source configured to generate a stream of pulses each comprising a photon, associated with a splitter plate configured to divide said pulse stream into at least two distinct pulse streams, or a single-photon source configured to generate two streams of single photons. (Only one of the claim limitation is required to make the claim clearer.)
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the pulse laser source of Hsin-Pin with Fabio and Ren to provide generation of signal photons and idler photons and the motivation is to provide stronger correlations, high-rate quantum keys and entanglement.
Regarding claim 8, the combination of Fabio and Ren does not explicitly disclose the optical signal generation device according to claim 1, wherein the digital computing means are furthermore configured to implement a reconciliation process on the data transmitted to the receiver.
In a related field of endeavor, Hsin-Pin discloses the optical signal generation device according to claim 1, wherein the digital computing means are furthermore configured to implement a reconciliation process on the data transmitted to the receiver; (polarization controllers (PCs) and polarizers (Pol) to eliminate polarization distinguishability of photon pairs before transmitting the data to the receiver, see page 3, section 3 and figure 1).
Thus, it would be obvious for one of the ordinary skilled in the art before the effective filling date of the invention to combine the polarization controller of Hsin-Pin with Fabio and Ren to eliminate polarization distinguishability of photon pairs before transmitting the data to the receiver and the motivation is to provide polarization synchronization between the transmitter and the receive pulses.
Conclusion
3.The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is reproduced below.
a. Lukens et al; (US 11695551) discloses receiving a frequency bin photon at a location, selecting a frequency bin photon quantum key distribution measurement basis, with a quantum frequency processor, performing a measurement basis transformation on the received frequency bin photon so that the frequency bin photon is measurable in the selected frequency bin photon quantum key distribution measurement basis, and detecting the frequency bin photon in the selected quantum key distribution measurement basis and assigning a quantum key distribution key value based on the detection to a portion of a quantum key distribution key, see figure 6.
b. Gayrard et al; (US 2015/0110491) discloses method for transmitting a binary data stream having a predetermined initial rate D and a method for receiving a binary data stream transmitted by the transmission method, see figures 3 and 6.
c. Luo et al; (Quantum random number generator based on single-photon emitter in gallium nitride- August 2020 attached) discloses real-time quantum random number generator by using a room-temperature single-photon emitter from the defect in a commercial gallium nitride wafer, see figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMRITBIR K SANDHU whose telephone number is (571)270-1894. The examiner can normally be reached M-F 9am to 5pm.
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/AMRITBIR K SANDHU/ Primary Examiner, Art Unit 2634