Prosecution Insights
Last updated: July 17, 2026
Application No. 18/674,676

QUANTUM CIRCUIT COMPILATION INDEPENDENT OF CALIBRATION

Non-Final OA §102§103
Filed
May 24, 2024
Examiner
NGUYEN, PHILLIP H
Art Unit
2191
Tech Center
2100 — Computer Architecture & Software
Assignee
International Business Machines Corporation
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
547 granted / 604 resolved
+35.6% vs TC avg
Moderate +12% lift
Without
With
+11.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
5 currently pending
Career history
615
Total Applications
across all art units

Statute-Specific Performance

§101
4.2%
-35.8% vs TC avg
§103
78.9%
+38.9% vs TC avg
§102
15.8%
-24.2% vs TC avg
§112
0.2%
-39.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 604 resolved cases

Office Action

§102 §103
CTNF 18/674,676 CTNF 78924 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This Office Action is in response to the filing date of 5/24/2024. Claims 1-20 are pending and have been considered below. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 2, 5-9, 12-16, 19, and 20 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by U.S. Pub. No. 20210012233 to Gambetta . Per claims 1, 8, and 15, Gambetta teaches a method for performing quantum circuit compilation independent of calibration, the method comprising: creating a calibration library with waveform or pulse generation instructions based on calibration data (see at least paragraph [0061] “… a configuration of a quantum device, a property of a quantum device, a pulse library of a quantum device (e.g., a collection of default pulses that can be defined, calibrated, and/or periodically recalibrated to perform one or more certain operations on a certain quantum device); and/or another attribute of one or more quantum devices …”); performing transpilation of a quantum circuit into a transpiled object (see at least paragraph [0064] “… adaptive compilation component 110 can comprise a compiler (e.g., a source-to-source compiler, a transpiler, cross-compiler, bootstrap compiler, decompiler, etc.) that can modify a quantum program by translating computer code written in a first programming language (also referred to as the source language) into a second programming language (also referred to as the target language). For example, adaptive compilation component 110 can comprise a compiler as defined above that can modify a quantum program by translating source code from, for instance, a first high-level programming language (e.g., python, a quantum assembly language (qasm) model, a pulse model, etc.) to, for instance, a second high-level programming language …”); compiling said transpiled object into a binary (see at least paragraph [0064] “… to create a modified quantum program compilation that can be executed by a quantum device selected by selection component 108 …”); and binding said calibration library to said binary for execution on a quantum device (see at least paragraph [0062] “… adaptive compilation component 110 can modify a quantum program based on the one or more attributes (i.e. calibration) defined above that correspond to a quantum device selected by selection component 108 to generate a modified quantum program compilation of the quantum program that can run on such a quantum device selected by selection component 108 …”). Per claims 2, 9, and 16, Gambetta further teaches: receiving transpilation hints (see at least paragraph [0051] “… the one or more run criteria are selected from a group consisting of: availability of the quantum device; access to the quantum device; workload of the quantum device; fidelity of the quantum device; complexity of the quantum program; anticipated execution time corresponding to the quantum program; entity software entitlement; entity preference; and/or entity defined pulse schedule. In some embodiments, the one or more attributes of the quantum device are selected from a group consisting of a configuration of the quantum device and/or a property of the quantum device …”); and performing said transpilation of said quantum circuit into said transpiled object using said transpilation hints (see at least paragraph [0051] “… quantum adaptive compilation system 102 can facilitate (e.g., via processor 106): selecting a quantum device to execute a quantum program based on one or more run criteria; and/or modifying the quantum program based on one or more attributes of the quantum device to generate a modified quantum program compilation of the quantum program …”). Per claims 5, 12, and 19, Gambetta further teaches: executing said binary with said bound calibration library on said quantum device (see at least paragraph [0062] “… adaptive compilation component 102 can modify a quantum program based on the one or more attributes defined above that correspond to a quantum device selected by selection component 108 to generate a modified quantum program compilation of the quantum program that can run on such a quantum device selected by selection component 108 …”). Per claims 6, 13, and 20, Gambetta further teaches: selecting a target partition; and binding said calibration library to said binary for said target partition for execution on said quantum device (see at least paragraph [0051] “… the one or more run criteria are selected from a group consisting of: availability of the quantum device; access to the quantum device; workload of the quantum device; fidelity of the quantum device; complexity of the quantum program; anticipated execution time corresponding to the quantum program; entity software entitlement; entity preference; and/or entity defined pulse schedule. In some embodiments, the one or more attributes of the quantum device are selected from a group consisting of a configuration of the quantum device and/or a property of the quantum device …”). Per claims 7 and 14, Gambetta further teaches: executing said binary with said bound calibration library for said target partition on said quantum device (see at least paragraph [0052] “… dispatching the modified quantum program compilation to a queue of the quantum device to execute the modified quantum program compilation …”) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 3, 4, 10, 11, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20210012233 to Gambetta in view of U.S. Pub. No. 20190378047 to Pistoia . Per claims 3, 10, and 17, Gambetta does not explicitly teach: determining if said transpilation hints are valid. Pistoia teaches an analogous art relates to transpilating a quantum circuit, comprising: determining if said transpilation hints are valid (see at least paragraph [0007] “… quantum computation system 102 and/or driver component 108 can receive domain-specific input data 110 via a user interface comprising a command line with automatic input validation. In some embodiments, quantum computation system 102 and/or driver component 108 can receive domain-specific input data 110 via a graphical user interface (GUI) with automatic input generation and validation. In some embodiments, quantum computation system 102 and/or driver component 108 can receive domain-specific input data 110 via a documentation GUI. In some embodiments, quantum computation system 102 and/or driver component 108 can receive domain-specific input data 110 via a user interface comprising a programmable entry point with automatic input generation, automatic input validation, and/or plot generation …”). It would have been obvious for a person of an ordinary skilled in the art as of the effective filing date of the claimed invention to validate input for transpilation. One would have been motivated to do so in order to optimize the quantum circuit. Per claim 4, 11, and 18, Gambetta further teaches: updating said transpilation hints in response to said transpilation hints not being valid (see at least paragraph [0066] “… adaptive compilation component 110 can adjust adjust one or more parameters of a quantum program to allow a compilation layer of a computing environment (e.g., a cloud computing environment such as, for instance, cloud computing environment 950 and/or one or more functional abstraction layers described below with reference to FIGS. 9 and 10, respectively) to compile one or more quantum circuits of the quantum program in a desired manner (e.g., in a manner that enables execution of such quantum circuit(s) by the next available quantum device)… ”) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20200334563 relates to compilation and transpilation of quantum circuit. US20240378475 relates to compilation and transpilation of quantum circuit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP H NGUYEN whose telephone number is (571)270-1070. The examiner can normally be reached Monday-Friday 9:00AM-5:00PM. 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, Wei Zhen can be reached at (571) 272-3708. 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. /PHILLIP H NGUYEN/Primary Examiner, Art Unit 2191 Application/Control Number: 18/674,676 Page 2 Art Unit: 2191 Application/Control Number: 18/674,676 Page 3 Art Unit: 2191 Application/Control Number: 18/674,676 Page 4 Art Unit: 2191 Application/Control Number: 18/674,676 Page 5 Art Unit: 2191 Application/Control Number: 18/674,676 Page 6 Art Unit: 2191 Application/Control Number: 18/674,676 Page 7 Art Unit: 2191 Application/Control Number: 18/674,676 Page 8 Art Unit: 2191
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Prosecution Timeline

May 24, 2024
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+11.8%)
2y 10m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 604 resolved cases by this examiner. Grant probability derived from career allowance rate.

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