Office Action Predictor
Last updated: April 16, 2026
Application No. 18/749,415

IMPLEMENTING QUANTUM FAN-OUT OPERATION USING DYNAMIC QUANTUM CIRCUITS

Final Rejection §102§103
Filed
Jun 20, 2024
Examiner
KINKEAD, ARNOLD M
Art Unit
2849
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
International Business Machines Corporation
OA Round
2 (Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
2y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allow Rate
1250 granted / 1373 resolved
+23.0% vs TC avg
Moderate +8% lift
Without
With
+8.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
21 currently pending
Career history
1394
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
40.8%
+0.8% vs TC avg
§102
33.3%
-6.7% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1373 resolved cases

Office Action

§102 §103
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 . Response to Arguments The examiner has reviewed the remarks with respect to the 112 issue and with further analysis of claims 8-14, it has been determined that the claims as written, with remarks, overcome the 112 issue. A summary of the interview was filed by applicants representative and is of record. The examiner maintains the art rejection in light of the Guo et al reference, The NPL reference to Guo et al, see figure description, shows a system/protocol/algorithm where a quantum fan-out operation is highlighted by constructing a fan-out gate using ladders of CNOT gates(parallel) in a constant depth( 1 layer of operation shown), using a dynamic quantum circuit(see figure 1, steps a thru c with reversal of process b and c to return the ancillary qubits). Regarding the “ladder” the examiner maintains the “ladder” could simply be oriented differently(REFERENCE) if the claim is read broadly, see figures below for example: PNG media_image1.png 84 302 media_image1.png Greyscale REFERENCE PNG media_image2.png 272 272 media_image2.png Greyscale APPLICATION The examiner would like to discuss the application with applicants representative in hopes of advancing prosecution. 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) 1,2 8 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al (NPL citation by Applicants ( “Implementing a Fast Unbounded Quantum Fanout Gate Using Power-Law Interactions” July 2020, arXiv:2007.00662v1 [quant-ph]) Re claims 1 and 8: The NPL reference to Guo et al, see figure below, shows a system/protocol/algorithm where a quantum fan-out operation is highlighted by constructing a fan-out gate using ladders of CNOT gates(parallel) in a constant depth( 1 layer of operation shown), using a dynamic quantum circuit(see figure 1, steps a thru c with reversal of process b and c to return the ancillary qubits); and implementing said quantum fan-out operation by said fan-out gate using ancilla qubits(see figure highlights by examiner) and feed-forward(“broadcast”) operations. PNG media_image3.png 902 566 media_image3.png Greyscale Re claims 2 and 9: fan-out gate is constructed from two ladders(neighboring one step ladders) of CNOT gates(one step ladders shown). 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. 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. Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL reference to Guo et al(NPL cited by applicants( “Implementing a Fast Unbounded Quantum Fanout Gate Using Power-Law Interactions” July 2020, arXiv:2007.00662v1 [quant-ph])) in view of Chen et al (US 2023/0196156). The NPL reference to Guo et al, see figure below, shows a system/protocol where a quantum fan-out operation is highlighted by constructing a fan-out gate using ladders of CNOT gates(parallel) in a constant depth( 1 layer of operation shown), using a dynamic quantum circuit(see figure 1, steps a thru c with reversal of process b and c to return the ancillary qubits); and implementing said quantum fan-out operation by said fan-out gate using ancilla qubits(see figure highlights by examiner) and feed-forward(“broadcast”) operations. PNG media_image3.png 902 566 media_image3.png Greyscale Re claims 16: fan-out gate is constructed from two ladders(neighboring one step ladders) of CNOT gates(one step ladders shown). The reference to Guo et al does not explicitly show a processor connected to said memory, with processor configured to execute program instructions of the computer program, however, this is conventional in the art, as will be highlighted by Chen et al for a quantum circuit. PNG media_image4.png 608 788 media_image4.png Greyscale As shown by Chen et al, the processor and memory allow for the quantum circuit algorithm components such as the protocol, as noted by Guo et al, to be processed and to interact with memory as the various data qubits and ancilla qubits are manipulated and kept track of in the sequence of gate operations. In light of the above it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized that the protocol/method steps of Guo et al, maybe part of a complete quantum circuit system with processor and memory, as shown by Chen et al, to allow for the algorithm to proceed and allow for the appropriate measurements to be carried out. Allowable Subject Matter Claims 3-7, 10-14 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARNOLD M KINKEAD whose telephone number is (571)272-1763. The examiner can normally be reached M-F 7am-5:30pm(Fri-Flex). 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, Menatoallah Youssef can be reached at 571-270-3684. 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. ARNOLD M. KINKEAD Primary Examiner Art Unit 2849 /ARNOLD M KINKEAD/Primary Examiner, Art Unit 2849
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Prosecution Timeline

Jun 20, 2024
Application Filed
Aug 23, 2025
Non-Final Rejection — §102, §103
Nov 25, 2025
Response Filed
Mar 02, 2026
Final Rejection — §102, §103
Apr 07, 2026
Response after Non-Final Action

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

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
99%
With Interview (+8.3%)
2y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 1373 resolved cases by this examiner. Grant probability derived from career allow rate.

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