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 action is responsive to application No. 18159777 filed on 05/21/2024.
Information Disclosure Statement
Acknowledgment is made of Applicant’s Information Disclosure Statement (IDS) form PTO-1449. These IDS has been considered.
Election/Restrictions
Applicant’s election without traverse of 1-5 in the reply filed on 10/22/2025 is acknowledged.
Allowable Subject Matter
Claims 1-5 (pending resolution of double patenting rejection) are allowed.
The following is an examiner' s statement of reasons for allowance:
Claims 1-5: The primary reason for the allowance of the claims is the inclusion of the limitation “a superconducting bus resonator coupled to an oscillating mode structure”, in all of the claims in combination with the remaining features of independent claim 1.
Filipp et al. (US 2017/0193388) modified by Richard et al. (EP 3300004 A1) teach a device, comprising: a first superconducting qubit (Figs. 1& 2, element 102) and a second superconducting qubit (Figs. 1& 2, element 104) that operate in a first oscillating mode (paragraph 0016-0029 disclose tuning the frequency of the qubits and exchange-type interaction between the two qubits and the excitation states of the qubits can be changed by the coupler wherein the first oscillation mode structure is associated with a specific frequency, excitation state etc. of the qubits facilitated by the coupler); and a superconducting bus resonator (Figs. 1 & 2, element 106, paragraph 0017 discloses a coupler. Before the effective filling date of the invention it was well known in the art for a coupler to comprise of a bus resonator as disclosed by Richard et al.) coupled to a second oscillating mode (paragraph 0016-0029 disclose tuning the frequency of the qubits and exchange-type interaction between the two qubits and the excitation states of the qubits can be changed by the coupler wherein the second oscillation mode structure is associated with a different frequency (compared to the first oscillation mode), excitation state etc. of the qubits facilitated by the coupler) of the first superconducting qubit and the second superconducting qubit.
However, Filipp et al. modified by Richard et al. do not teach or render obvious the above-quoted features recited in independent claim 1.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 is rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 6 of prior U.S. Patent No. 12,022,750. This is a statutory double patenting rejection.
Instant Application
U.S. Patent No. 12,022,750
1. A device, comprising:
a first superconducting qubit and a second superconducting qubit that operate in a first oscillating mode; and
a superconducting bus resonator coupled to an oscillating mode structure corresponding to a second oscillating mode of the first superconducting qubit and the second superconducting qubit.
6. A device, comprising:
a first superconducting qubit and a second superconducting qubit that operate in a first oscillating mode; and
a superconducting bus resonator coupled to an oscillating mode structure corresponding to a second oscillating mode of the first superconducting qubit and the second superconducting qubit.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAHED AHMED whose telephone number is (571)272-3477. The examiner can normally be reached M-F 9-5.
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/SHAHED AHMED/
Primary Examiner, Art Unit 2813