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 .
Claim Rejections - 35 USC § 102
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.
Claims 13, 16-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rothberg et al. (US 2016/0041095 A1 hereinafter referred to as “Rothberg”).
With respect to claim 13, Rothberg discloses, in Figs.1-1 to 11-19, a device for information processing, comprising: a magnon reservoir (2-110, 2-120) made of a material with spontaneous magnetic order/(ferromagnetic material), in which two-dimensional quantized magnon states/(quantum light source excitation states) are present (see Par.[0247] wherein assay chip 2-110 may be situated on the underside of chip holder frame 3-102 such that positioning of the chip holder frame 3-102 relative to instrument 2-120 locates assay chip 2-110 on a side of chip holder frame 3-102 proximate to instrument 2-120; a chip holder frame 3-102 may be aligned with an opening of the optical housing 2-401; the assay chip 2-110 may be housed in chip holder frame 2-401; the chip holder frame 3-102 may comprise any suitable material; chip holder frame 3-102 may include a ferromagnetic metal (e.g., steel) such that chip holder frame 3-102 may align with an opening of optical housing 2-401 by one or more magnetic components positioned on a surface of the optical housing 2-401 that act to hold chip holder frame 3-102 in place; see Par.[0251] wherein the chip holder frame 3-102 may comprise any suitable ferromagnetic metal, such as steel, such that the magnetic components 2-403a, 2-403b, and 2-403c fixed to the optical housing 2-401 hold the chip holder frame 3-102, and thus the assay chip 2-110, in place; see Fig.2-1 Par.[0430] wherein array chip 2-110 wherein two-dimensional magnetic material is shown; FIG. 7-2E through FIG. 7-2H represent results from numerical simulations of signals from a two-segment sensor 2-122 exposed to four distinct emission patterns; see Par.[0350]-[0351] wherein the confinement due to the photonic bandgap structure may be substantially in two dimensions transverse to a surface of the substrate; when combined with the reflective stack 4-705, confinement may be in three dimensions at the sample well; a photonic bandgap structure may be used without a reflective stack; structures that require discrete embedded dielectrics formed in three-dimensional shapes, such as a dielectric resonant antenna 4-740 shown in FIG. 4-7B or the optical contrast structures 4-750 shown in FIG. 4-7C, may be formed using lithographic patterning and etching processes to etch the pattern into the substrate, and using subsequent deposition of a dielectric layer, and a planarization of the substrate, for example; see Par.[0478]-[0478] wherein light source may be used for an excitation source; coherent light sources may comprise organic lasers, quantum dot lasers, and solid state lasers (e.g., a Nd:YAG or ND:Glass laser, pumped by laser diodes or flashlamps); see Par.[0489] wherein direct modulation of an excitation source, such as a laser, may involve modulating the electrical drive signal of the excitation source so the emitted power is in the form of pulses; the input power for a light source, including the optical pumping power, and excited-state carrier injection and/or carrier removal from a portion of the gain region, may be modulated to affect the gain of the gain medium, allowing the formation of pulses of excitation energy through dynamic gain shaping; a signal sent to an acoustic optic modulator (AOM) coupled to an excitation source may be used to change the deflection, intensity, frequency, phase, and/or polarization of the outputted light to produce a pulsed excitation energy), an input unit (2-121) and an output unit (2-122), wherein the input unit is configured to generate in the magnon reservoir an energy input provided with a temporal pattern as input information, so that non-linear magnon scattering processes are excited, a resulting magnon spectrum being predetermined by the energy input provided with a temporal pattern and the three-dimensional dimensions of the magnon reservoir, and the output unit is configured to detect the resulting magnon spectrum as output information (see Par.[0227]-[0234] wherein the system comprises both an assay chip 2-110 and an instrument 2-120 comprising an excitation source 2-121 and at least one sensor 2-122; optical elements for guiding and coupling excitation energy from the excitation source 2-121 to the sample well 2-111 are located both on the assay chip 2-110 and the instrument 2-120, as represented by arrow 2-101 in FIG. 2-1; optical elements for guiding emission energy from the sample well 2-111 to the sensor 2-122 are located on the assay chip 2-110 and the instrument 2-120, as represented by arrow 2-102 in FIG. 2-1; output information may be received by the computing device 2-130 through the computer interface 2-124; such output information may include feedback about performance of the instrument 2-120 and information from the readout signals of the sensor 2-122; the instrument 2-120 may also include a processing device 2-123 for analyzing data received from the sensor 2-122; see Par.[0474] wherein the output of a laser excitation source may be doubled in frequency to half the wavelength, in a nonlinear crystal, or a Periodically Poled Lithium Niobate (PPLN) or other similar periodically poled nonlinear crystal; see Par.[0482]-[0483] wherein an optical system 8-240 may include a nonlinear crystal for converting the output wavelength from an excitation source 8-210 to a shorter wavelength via frequency doubling or to a longer wavelength via parametric amplification. For example, an output of the laser may be frequency-doubled in a nonlinear crystal (e.g., in periodically-poled lithium niobate (PPLN)) or other non-poled nonlinear crystal; see Par.[0209]-[0212] wherein the temporal characteristics of the light they emit (e.g., their emission decay time periods), and their response to excitation energy; see Par.[0199]-[0240] wherein characteristics of the luminescence emitted by the markers and/or characteristics of the excitation absorption may be used to identify the markers; the emission energy of the luminescence (which is directly related to the wavelength of the light) may be used to distinguish a first type of marker from a second type of marker; examples of exogenous markers may include, but are not limited to, fluorescent molecules, fluorophores, fluorescent dyes, fluorescent stains, organic dyes, fluorescent proteins, species that participate in fluorescence resonance energy transfer (FRET), enzymes, and/or quantum dots).
With respect to claim 16, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein the input unit is designed as a microwave antenna or as a pulsed laser (see Par.[0474] wherein the output of a laser excitation source may be doubled in frequency to half the wavelength, in a nonlinear crystal, or a Periodically Poled Lithium Niobate (PPLN) or other similar periodically poled nonlinear crystal; see Par.[0479] wherein an analytical instrument 8-200 that may include an ultrashort-pulsed laser excitation source 8-210 as the excitation source; the pulsed-laser excitation source 8-210 may produce an ultrashort optical pulse 8-220 that circulates back-and-forth in the laser cavity between the cavity's end mirrors 8-202, 8-204 and through the gain medium 8-205; one of the cavity mirrors 8-204 may partially transmit a portion of the circulating pulse, so that a train of optical pulses 8-222 is emitted from the pulsed laser 8-210; see Par.[0227] wherein the system comprises both an assay chip 2-110 and an instrument 2-120 comprising an excitation source 2-121 and at least one sensor 2-122).
With respect to claim 17, Rothberg discloses, in Figs.1-1 to 11-19, the device according to claim 13, wherein the output unit is designed as a magnetoresistive sensor, an anisotropic magnetoresistance sensor, giant magnetoresistance sensor or tunnel magnetoresistance sensor (see Par.[0227] wherein the system comprises both an assay chip 2-110 and an instrument 2-120 comprising an excitation source 2-121 and at least one sensor 2-122).
With respect to claim 18, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein the output unit has a plurality of measuring sensors which are configured to measure a spatially resolved magnon spectrum and are arranged at different positions of the magnon reservoir (see Par.[0230]-[0231] wherein the assay chip interface may include components to position and/or align the assay chip 2-110 to the instrument 2-120 to improve coupling of the excitation energy from the excitation source 2-121 to the assay chip 2-110; see Par.[0267] wherein the location of the excitation region and position of the sample can be adjusted with respect to an optical focal point of the cylindrical reflector by selection of the divot depth d. It may be appreciated that the spherical reflector 3-630 can concentrate excitation energy at the excitation region 3-215, and can also collect energy emitted from a sample and reflect and concentrate the radiation toward the sensor 3-260).
With respect to claim 19, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein a non-volatile stray field generator is arranged on the magnon reservoir for locally changing the direction of the magnetization of the magnon reservoir (see Par.[0635]-[0637] wherein computer readable media can be any available media that can be accessed by computer 1010 and includes both volatile and nonvolatile media, removable and non-removable media. By way of example, and not limitation, computer readable media may comprise computer storage media and communication media; computer storage media includes both volatile and nonvolatile, removable and non-removable media implemented in any method or technology for storage of information such as computer readable instructions, data structures, program modules or other data; computer storage media includes, but is not limited to, RAM, ROM, EEPROM, flash memory or other memory technology, CD-ROM, digital versatile disks (DVD) or other optical disk storage, magnetic cassettes, magnetic tape, magnetic disk storage or other magnetic storage devices, or any other medium which can be used to store the desired information and which can accessed by computer 1010).
With respect to claim 20, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein the magnon reservoir is made of a soft magnetic material (see Par.[0247] wherein chip holder frame 3-102 may include a ferromagnetic metal (e.g., steel) such that chip holder frame 3-102 may align with an opening of optical housing 2-401 by one or more magnetic components positioned on a surface of the optical housing 2-401 that act to hold chip holder frame 3-102 in place).
With respect to claim 21, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein the magnon reservoir is made of a metallic material (see Par.[0247] wherein chip holder frame 3-102 may include a ferromagnetic metal (e.g., steel) such that chip holder frame 3-102 may align with an opening of optical housing 2-401 by one or more magnetic components positioned on a surface of the optical housing 2-401 that act to hold chip holder frame 3-102 in place).
With respect to claim 22, Rothberg discloses, in Figs.1-1 to 11-19, a method for information processing, in which an input unit in a magnon reservoir made of a material with spontaneous magnetic order, in which two-dimensionally quantized magnons are present(see Par.[0247] wherein assay chip 2-110 may be situated on the underside of chip holder frame 3-102 such that positioning of the chip holder frame 3-102 relative to instrument 2-120 locates assay chip 2-110 on a side of chip holder frame 3-102 proximate to instrument 2-120; a chip holder frame 3-102 may be aligned with an opening of the optical housing 2-401; the assay chip 2-110 may be housed in chip holder frame 2-401; the chip holder frame 3-102 may comprise any suitable material; chip holder frame 3-102 may include a ferromagnetic metal (e.g., steel) such that chip holder frame 3-102 may align with an opening of optical housing 2-401 by one or more magnetic components positioned on a surface of the optical housing 2-401 that act to hold chip holder frame 3-102 in place; see Par.[0251] wherein the chip holder frame 3-102 may comprise any suitable ferromagnetic metal, such as steel, such that the magnetic components 2-403a, 2-403b, and 2-403c fixed to the optical housing 2-401 hold the chip holder frame 3-102, and thus the assay chip 2-110, in place; see Fig.2-1 Par.[0430] wherein array chip 2-110 wherein two-dimensional magnetic material is shown; FIG. 7-2E through FIG. 7-2H represent results from numerical simulations of signals from a two-segment sensor 2-122 exposed to four distinct emission patterns; see Par.[0350]-[0351] wherein the confinement due to the photonic bandgap structure may be substantially in two dimensions transverse to a surface of the substrate; when combined with the reflective stack 4-705, confinement may be in three dimensions at the sample well; a photonic bandgap structure may be used without a reflective stack; structures that require discrete embedded dielectrics formed in three-dimensional shapes, such as a dielectric resonant antenna 4-740 shown in FIG. 4-7B or the optical contrast structures 4-750 shown in FIG. 4-7C, may be formed using lithographic patterning and etching processes to etch the pattern into the substrate, and using subsequent deposition of a dielectric layer, and a planarization of the substrate, for example; see Par.[0478]-[0478] wherein light source may be used for an excitation source; coherent light sources may comprise organic lasers, quantum dot lasers, and solid state lasers (e.g., a Nd:YAG or ND:Glass laser, pumped by laser diodes or flashlamps); see Par.[0489] wherein direct modulation of an excitation source, such as a laser, may involve modulating the electrical drive signal of the excitation source so the emitted power is in the form of pulses; the input power for a light source, including the optical pumping power, and excited-state carrier injection and/or carrier removal from a portion of the gain region, may be modulated to affect the gain of the gain medium, allowing the formation of pulses of excitation energy through dynamic gain shaping; a signal sent to an acoustic optic modulator (AOM) coupled to an excitation source may be used to change the deflection, intensity, frequency, phase, and/or polarization of the outputted light to produce a pulsed excitation energy), generates an energy input provided with a temporal pattern as input information, so that non-linear magnon scattering processes of higher order are excited, wherein a resulting magnon spectrum is predetermined by the energy input provided with a temporal pattern and the three-dimensional dimensions of the magnon reservoir, and an output unit detects the magnon spectrum as output information (see Par.[0227]-[0234] wherein the system comprises both an assay chip 2-110 and an instrument 2-120 comprising an excitation source 2-121 and at least one sensor 2-122; optical elements for guiding and coupling excitation energy from the excitation source 2-121 to the sample well 2-111 are located both on the assay chip 2-110 and the instrument 2-120, as represented by arrow 2-101 in FIG. 2-1; optical elements for guiding emission energy from the sample well 2-111 to the sensor 2-122 are located on the assay chip 2-110 and the instrument 2-120, as represented by arrow 2-102 in FIG. 2-1; output information may be received by the computing device 2-130 through the computer interface 2-124; such output information may include feedback about performance of the instrument 2-120 and information from the readout signals of the sensor 2-122; the instrument 2-120 may also include a processing device 2-123 for analyzing data received from the sensor 2-122; see Par.[0474] wherein the output of a laser excitation source may be doubled in frequency to half the wavelength, in a nonlinear crystal, or a Periodically Poled Lithium Niobate (PPLN) or other similar periodically poled nonlinear crystal; see Par.[0482]-[0483] wherein an optical system 8-240 may include a nonlinear crystal for converting the output wavelength from an excitation source 8-210 to a shorter wavelength via frequency doubling or to a longer wavelength via parametric amplification. For example, an output of the laser may be frequency-doubled in a nonlinear crystal (e.g., in periodically-poled lithium niobate (PPLN)) or other non-poled nonlinear crystal; see Par.[0209]-[0212] wherein the temporal characteristics of the light they emit (e.g., their emission decay time periods), and their response to excitation energy; see Par.[0199]-[0240] wherein characteristics of the luminescence emitted by the markers and/or characteristics of the excitation absorption may be used to identify the markers; the emission energy of the luminescence (which is directly related to the wavelength of the light) may be used to distinguish a first type of marker from a second type of marker; examples of exogenous markers may include, but are not limited to, fluorescent molecules, fluorophores, fluorescent dyes, fluorescent stains, organic dyes, fluorescent proteins, species that participate in fluorescence resonance energy transfer (FRET), enzymes, and/or quantum dots).
With respect to claim 23, Rothberg discloses, in Figs.1-1 to 11-19, the method, wherein the energy input provided with a temporal pattern has a frequency which corresponds to one of the resonance frequencies of the magnon reservoir (see Par.[0204] wherein examples of exogenous markers may include, but are not limited to, fluorescent molecules, fluorophores, fluorescent dyes, fluorescent stains, organic dyes, fluorescent proteins, species that participate in fluorescence resonance energy transfer (FRET), enzymes, and/or quantum dots. Other exogenous markers are known in the art; see Par.[0320]-[0321] wherein a spacing s of a surface-plasmon structure may be selected to be approximately one-half wavelength of a surface-plasmon wave that is generated in the structure by the excitation energy. When formed as a resonant structure, a surface-plasmon structure may accumulate and resonate excitation energy along the direction of the periodic surface-plasmon structure; such a resonant behavior can intensify electromagnetic energy within a sample well, or adjacent a sample well, as depicted in FIG. 4-2D; a sample well 2-211 may be patterned through the multiple layers 4-247 and within the resonant surface-plasmon structure 4-218, according to some embodiments. In some implementations, a resonant surface-plasmon structure may comprise discrete conductive elements 4-222 is depicted in the plan view of FIG. 4-2F; a resonant surface-plasmon structure may comprise a continuous lattice pattern 4-250, as depicted in FIG. 4-2G).
With respect to claim 24, Rothberg discloses, in Figs.1-1 to 11-19, use of the device for a neural network, machine learning, reservoir computing, and/or neuromorphic computing (see Par.[0232] wherein the instrument 2-120 includes a computer interface 2-124 used to connect with a computing device 2-130. Any suitable computer interface 2-124 and computing device 2-130 may be used. For example, the computer interface 2-124 may be a USB interface or a firewire interface; the computing device 2-130 may be any general purpose computer, such as a laptop, desktop, or tablet computer, or a mobile device such as a cellular telephone; the computer interface 2-124 facilitates communication of information between the instrument 2-120 and the computing device 2-130. Input information for controlling and/or configuring the instrument 2-120 may be provided through the computing device 2-130 connected to the computer interface 2-124 of the instrument).
With respect to claim 25, Rothberg discloses, in Figs.1-1 to 11-19, use of the method for a neural network, machine learning, reservoir computing, and/or neuromorphic computing (see Par.[0232] wherein the instrument 2-120 includes a computer interface 2-124 used to connect with a computing device 2-130. Any suitable computer interface 2-124 and computing device 2-130 may be used. For example, the computer interface 2-124 may be a USB interface or a firewire interface; the computing device 2-130 may be any general purpose computer, such as a laptop, desktop, or tablet computer, or a mobile device such as a cellular telephone; the computer interface 2-124 facilitates communication of information between the instrument 2-120 and the computing device 2-130. Input information for controlling and/or configuring the instrument 2-120 may be provided through the computing device 2-130 connected to the computer interface 2-124 of the instrument).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Rothberg.
With respect to claim 14, Rothberg discloses, in Figs.1-1 to 11-19, the device, wherein the magnon reservoir (2-110, 2-120) is formed as a disc, an ellipse, a ring or a rectangle and has a height which is at percent of its maximum length and/or width or its diameter (see Fig.2-4 Par.[0247] wherein magnon instrument 2-120 includes chip holder frame 3-102 (of rectangular parallelepiped of given height/length proportion) may include a ferromagnetic metal (e.g., steel) such that chip holder frame 3-102 may align with an opening of optical housing 2-401 by one or more magnetic components positioned on a surface of the optical housing 2-401 that act to hold chip holder frame 3-102 in place). However, Rothberg does not explicitly disclose a height which is at most 10 percent of its maximum length and/or width or its diameter and is at most 100 nm.
Even though Rothberg does not disclose a magnon height which is at most 10 percent of its maximum length and/or width or its diameter and is at most 100 nm, the said range is predictable by simple engineering optimization motivated by a design choice, such as, excitation energy. In cases like the present, where patentability is said to be based upon particular chosen dimensions or upon another variable recited within the claims, applicant must show that the chosen dimensions are critical. As such, the claimed dimensions appear to be an obvious matter of engineering design choice and thus, while being a difference, does not serve in any way to patentably distinguish the claimed invention from the applied prior art. In re Woodruff, 919 F.2d 1575, 1578, 16 USPQ2d 1934, 1936 (Fed. Cir. 1990); In re Kuhle, 526 F2d. 553,555,188 USPQ 7, 9 (CCPA 1975).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Rothberg in view of Nikrityuk et al. (US 2014/0290433 A1 hereinafter referred to as “Nikrityuk”) .
With respect to claim 15, Rothberg discloses all the claimed limitations of claim 13. However, Rothberg does not explicitly disclose the limitations of claim 15.
Nikrityuk discloses, in Figs.1-8, the device, wherein the magnon reservoir is magnetized in a vortex state (see Par.[0085] wherein the parameter t.sub.i.a. is the so-called initial adjustment time, and denotes the time scale of the formation of the double vortex that is typical of the meridional secondary flow 18 which formation occurs after an abrupt switching on of a rotating magnetic field in a melt 2; 21, 22 that was previously in a state of rest).
Rothberg and Nikrityuk are analogous art because they are all directed to a magnetic field emission device, and one of ordinary skill in the art would have had a reasonable expectation of success by modifying Rothberg to include Nikrityuk because they are from the same field of endeavor.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the magnetic emission capability in Rothberg by including magnon capable to emit in a vortex state as taught by Nikrityuk in order to utilize magnon of magnetic field vortex state which offers unique stability, low-energy operation, and potential for advanced applications in quantum computing, spintronics, and high-density data storage.
Citation of Pertinent Prior Art
The prior art made of record (e.g.; see PTO-892) and not relied upon is considered pertinent to applicant's disclosure.
Examiner’s Telephone/Fax Contacts
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOULOUCOULAYE INOUSSA whose telephone number is (571)272-0596. The examiner can normally be reached Monday-Friday (10-18).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JEFF W NATALINI can be reached at 571-272-2266. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Mouloucoulaye Inoussa/ Primary Examiner, Art Unit 2818
