Prosecution Insights
Last updated: April 19, 2026
Application No. 18/854,344

METHOD AND APPARATUS FOR GENERATING A QUANTUM CRYPTOGRAPHIC KEY

Non-Final OA §102§103
Filed
Oct 04, 2024
Examiner
STEINLE, ANDREW J
Art Unit
2497
Tech Center
2400 — Computer Networks
Assignee
Xen Quantum Ltd.
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
479 granted / 547 resolved
+29.6% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
17 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
10.4%
-29.6% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 547 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 . 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. 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. Claims 1-4, 9-10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shields et al., (GB 2540589 A) hereinafter referred to as Shields. Regarding Claim 1, Shields discloses An apparatus for generating one or more interfered pulses for outputting to a further apparatus for the generation of a quantum cryptographic key; the apparatus comprising: I) one or more electromagnetic, EM, pulse sources for outputting at least a first set of one or more EM pulses and a second set of one or more EM pulses; wherein at least a first EM pulse is based from at least one of the first set of EM pulses; and, at least a second EM pulse is based from at least one of the second set of EM pulses; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106] wherein: a) a random phase relationship exists between the first EM pulse and the second EM pulse; [Page 20, lines 6-8, The master light source 403 emits light pulses having a random phase relationship. This means that the phase of each light pulse emitted from the master light source has a random relationship to the phase of each subsequent light pulse] b) each of the first and second EM pulses comprises a plurality of photons; [page 18, lines 26-29, The laser outputs light when the carrier density is above the lasing threshold. Photons generated by spontaneous emission inside the laser cavity are amplified sufficiently by stimulated emission to generate an output signal] II) an optical element (BS3) comprising: c) a first input path (a) for receiving the first EM pulse; d) a second input path (b) for receiving the second EM pulse; [Figure 11(a) teaches two paths for the EM pulses] e) at least one output path (c, d); wherein: the first input path (a) is spatially separate to the second input path (b); the optical element (BS3) is configured to interfere the first EM pulse with the second EM pulse; output an interfered EM pulse along the at least one output path (c); [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] the apparatus is configured to: output the interfered pulse such that the interfered pulse comprises an average of up to one photon; [page 55, lines 21-26, Light sources 1227a and 1227b emit phase-randomised light pulses. Light source 1227a and 1227b may comprise optical attenuators. The light pulses emitted from two light sources may have on average less than one photon per pulse. For simplicity, in the following explanation it is assumed that the light sources 1227a and 1227b are true 25 single-photon sources, emitting only single photons. The detectors are single-photon detectors] output the interfered pulse, towards a further apparatus, for generating the quantum cryptographic key. [page 1, lines 13-14, The interference of pulses of light can also be used in quantum communications systems, for example in quantum key distribution (QKD)] Regarding Claim 2, Shields discloses wherein: the at least one output path comprises at least a first (c) and second (d) output path; the first output path is spatially separate from the second output path; the interfered EM pulses along the first (c) and second (d) output paths being associated with a path-encoded quantum cryptographic basis. [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] [page 1, lines 13-14, The interference of pulses of light can also be used in quantum communications systems, for example in quantum key distribution (QKD)] Regarding Claim 3, Shields discloses further comprising an encoder for: receiving interfered EM pulses output from the first and second output paths; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] and, changing the path encoded quantum cryptographic basis to a different quantum cryptographic basis encoding using linear optical components. [page 106, lines 2-6, The phase shift in an Indium phosphate based phase modulator is induced though the 'Quantum Confined Stark Effect' in a multiple quantum well structure. In an Indium phosphate based phase modulator, a voltage is applied to change the index of refraction, which in turn causes a phase shift to the light travelling through the phase modulator] Regarding Claim 4, Shields discloses wherein the encoder is configured to change a path-encoded quantum cryptographic basis to a polarisation-encoded cryptographic basis using linear optical components. [page 46, lines 2-3, At the receiver apparatus, they are split again according to their polarisation by a second polarising beam splitter 1036b] Regarding Claim 9, Shields discloses wherein any two or more of the sets of EM pulses share a common EM pulse source. [Abstract, The input of the interference apparatus is provided by a phase-randomised light source comprising the master light source 204 intermittently generating master light pulses such that the phase of each master light pulse has a random relationship to the phase of each subsequently generated master light pulse and supplying the master light pulses to the slave light source 201] Regarding Claim 10, Shields discloses wherein at least one of the EM pulse sources comprises a gain-switched laser. [page 2, lines 4-5, Figure 3(c) is a schematic illustration of an electrical driving circuit for a semiconductor gain-switched laser] Regarding Claim 12, Shields discloses An apparatus for generating a set of pulses for outputting to a further apparatus for the generation of a quantum cryptographic key; the apparatus comprising: I) one or more electromagnetic, EM, pulse sources (L8, L9) for outputting at least a first set of one or more EM pulses and a second set of one or more EM pulses; wherein at least a first EM pulse is based from at least one of the first set of EM pulses; and, at least a second EM pulse is based from at least one of the second set of EM pulses; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106] wherein: a) a random phase relationship exists between the first EM pulse and the second EM pulse; b) a random phase relationship exists between the pulses of the first set of pulses; [Page 20, lines 6-8, The master light source 403 emits light pulses having a random phase relationship. This means that the phase of each light pulse emitted from the master light source has a random relationship to the phase of each subsequent light pulse] c) each of the first and second EM pulses comprises a plurality of photons; [page 18, lines 26-29, The laser outputs light when the carrier density is above the lasing threshold. Photons generated by spontaneous emission inside the laser cavity are amplified sufficiently by stimulated emission to generate an output signal] II) an optical element (BS 18) comprising: d) a first input path for receiving the first EM pulse; e) a second input path for receiving the second EM pulse; [Figure 11(a) teaches two paths for the EM pulses] f) at least one output path; wherein: the first input path is spatially separate to the second input path; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] the optical element (BS18) is configured to output at least: i) a portion of the first EM pulse; ii) a portion of the second EM pulse; [page 45, lines 32-35, The two pulses are then combined at the polarising beam splitter 1036a and travel as separated time bins and with orthogonal polarisations along the optical fibre 1042 until they reach the receiver apparatus 1035] along the at least one output path; the apparatus is further configured to: output the portion of the first EM pulse such that the said portion comprises an average of up to one photon; [page 55, lines 21-26, Light sources 1227a and 1227b emit phase-randomised light pulses. Light source 1227a and 1227b may comprise optical attenuators. The light pulses emitted from two light sources may have on average less than one photon per pulse. For simplicity, in the following explanation it is assumed that the light sources 1227a and 1227b are true 25 single-photon sources, emitting only single photons. The detectors are single-photon detectors] output the portion of the first EM pulse and the portion of the second EM pulse, in different time bins, towards a further apparatus, for generating the quantum cryptographic key. [page 1, lines 13-14, The interference of pulses of light can also be used in quantum communications systems, for example in quantum key distribution (QKD)] [page 45, lines 32-35, The two pulses are then combined at the polarising beam splitter 1036a and travel as separated time bins and with orthogonal polarisations along the optical fibre 1042 until they reach the receiver apparatus 1035] 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. 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. Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Shields, as applied to Claim 1, above, in view of Liu et al., (CN 111769881 A) hereinafter referred to as Liu. Regarding Claim 5, Shields, discloses further comprising a first set of further optical elements (BS4, BS5); the first set comprising at least a first optical element (BS4) and a second optical element (BS5); wherein: I) the first optical element of the first set configured to: i) receive the interfered EM pulse from the first (c) output path; ii) output a first portion of the said received interfered EM pulse on a path (e) towards the further apparatus; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] iii) output a second portion on the received interfered EM pulse on a path (g) towards an arrangement of components comprising at least one EM detector (PD1, PD2, PD3, PD4); [Figure 9, elements 907 and 908] II) the second optical element of the first set configured to: i) receive the interfered EM pulse from the second (d) output path; ii) output a first portion of the said received interfered EM pulse on a path (f) towards the further apparatus; [Figure 11(a) teaches two light source of EM pulses which can be seen to comprise two sets from which pulses (i.e. a first EM pulse and a second EM pulse) from the respective sources interfere at an interfering beam splitter 1106…The beam splitting optical element 1106 has a first input path and a spatially separate second input path and at least one output path] iii) output a second portion on the received interfered EM pulse on a path (h) towards the arrangement of components comprising at least one EM detector (PD1, PD2, PD3, PD4); [Figure 9, elements 907 and 908] Shields does not explicitly teach the said second portion referred to as a first check pulse; the said second portion referred to as a second check pulse. Liu teaches the said second portion referred to as a first check pulse; the said second portion referred to as a second check pulse. [The check pulse sequence used for phase compensation in CVQKD system is designed mainly from the method of actively controlling its amplitude and phase. when performing amplitude control, using the amplitude modulator of the signal light for Gaussian modulation, the amplitude of the check sequence is greater than the maximum amplitude of the signal light] [Claim 9, The method for improving phase compensation precision and communication efficiency of CVQKD system according to claim 7, wherein in the phase compensation, the absolute value of the amplitude maximum value Pmax and the minimum value Pmin is compared; the extreme value point with large absolute value is P, and the position is Index. if P is more than 0, the phase shift value is -Index* π /N, N is the total number of the check pulses] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Liu with the disclosure of Shields. The motivation or suggestion would have been “for improving CVQKD system phase compensation precision and communication efficiency.” (Abstract) Regarding Claim 6, Shields does not explicitly teach wherein the at least one EM detector comprises: a first EM detector (PD4) for receiving at least a first sub-portion of the first check pulse; a second EM detector (PD1) for receiving at least a first sub-portion of the second check pulse. Liu teaches wherein the at least one EM detector comprises: a first EM detector (PD4) for receiving at least a first sub-portion of the first check pulse; a second EM detector (PD1) for receiving at least a first sub-portion of the second check pulse. [The check pulse sequence used for phase compensation in CVQKD system is designed mainly from the method of actively controlling its amplitude and phase. when performing amplitude control, using the amplitude modulator of the signal light for Gaussian modulation, the amplitude of the check sequence is greater than the maximum amplitude of the signal light] [Claim 9, The method for improving phase compensation precision and communication efficiency of CVQKD system according to claim 7, wherein in the phase compensation, the absolute value of the amplitude maximum value Pmax and the minimum value Pmin is compared; the extreme value point with large absolute value is P, and the position is Index. if P is more than 0, the phase shift value is -Index* π /N, N is the total number of the check pulses] [the receiving end comprises a polarization beam splitter, a second phase modulator, a balance detector and a signal collecting device; the polarization beam splitter is used for finishing polarization and time division multiplexing; the second phase modulator is used for randomly loading the phase of 0 or π; the balance detector is used for measuring the quantum state and converting it into electric signal] [it should be understood that the invention is not limited to the form disclosed herein, should not be regarded as the exclusion of other embodiments, and can be used for various other combinations, modification and environment – indicates that modifications can be made which could include more than one detector] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Liu with the disclosure of Shields. The motivation or suggestion would have been “for improving CVQKD system phase compensation precision and communication efficiency.” (Abstract) Regarding Claim 7, Shields does not explicitly teach wherein the arrangement of components comprises: a third EM detector (PD2) for receiving at least a: second sub-portion of the first check pulse; and second sub portion of the second check pulse; a fourth EM detector (PD3) for receiving at least a: third sub-portion of the first check pulse; and third sub portion of the second check pulse. Liu teaches wherein the arrangement of components comprises: a third EM detector (PD2) for receiving at least a: second sub-portion of the first check pulse; and second sub portion of the second check pulse; a fourth EM detector (PD3) for receiving at least a: third sub-portion of the first check pulse; and third sub portion of the second check pulse. [The check pulse sequence used for phase compensation in CVQKD system is designed mainly from the method of actively controlling its amplitude and phase. when performing amplitude control, using the amplitude modulator of the signal light for Gaussian modulation, the amplitude of the check sequence is greater than the maximum amplitude of the signal light] [Claim 9, The method for improving phase compensation precision and communication efficiency of CVQKD system according to claim 7, wherein in the phase compensation, the absolute value of the amplitude maximum value Pmax and the minimum value Pmin is compared; the extreme value point with large absolute value is P, and the position is Index. if P is more than 0, the phase shift value is -Index* π /N, N is the total number of the check pulses] [the receiving end comprises a polarization beam splitter, a second phase modulator, a balance detector and a signal collecting device; the polarization beam splitter is used for finishing polarization and time division multiplexing; the second phase modulator is used for randomly loading the phase of 0 or π; the balance detector is used for measuring the quantum state and converting it into electric signal] [it should be understood that the invention is not limited to the form disclosed herein, should not be regarded as the exclusion of other embodiments, and can be used for various other combinations, modification and environment – indicates that modifications can be made which could include more than one detector] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Liu with the disclosure of Shields. The motivation or suggestion would have been “for improving CVQKD system phase compensation precision and communication efficiency.” (Abstract) Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shields, as applied to Claim 1, above, in view of Thompson, "Large-scale Integrated Quantum Photonic Technologies for Co mmunications and Computation," in Optical Fiber Communication Conferewnce, Optica Publishing Group, 2019, W3D-3, 3 pages hereinafter referred to as Thompson. Regarding Claim 8, Shields discloses wherein a random phase relationship exists between the first set of EM pulses and the third set of EM pulses; wherein a random phase relationship exists between the second set of EM pulses and the fourth set of EM pulses; [Page 20, lines 6-8, The master light source 403 emits light pulses having a random phase relationship. This means that the phase of each light pulse emitted from the master light source has a random relationship to the phase of each subsequent light pulse] Shields does not explicitly teach wherein the optical element (BS3) is a first optical element; the apparatus further comprising: I) a second optical element (BS1) for: i) receiving an EM pulse from the first set of EM pulses; ii) receiving an EM pulse from a third set of two or more EM pulses; iii) interfering the two received EM pulses; iv) outputting the interfered EM pulse as the first EM pulse for inputting into the first optical element; II) a third optical element (BS2) for: i) receiving an EM pulse from the second set of EM pulses; ii) receiving an EM pulse from a fourth set of two or more EM pulses; iii) interfering the two received EM pulses iv) outputting the interfered EM pulse as the second EM pulse for inputting into the first optical element. Thompson teaches wherein the optical element (BS3) is a first optical element; the apparatus further comprising: I) a second optical element (BS1) for: i) receiving an EM pulse from the first set of EM pulses; ii) receiving an EM pulse from a third set of two or more EM pulses; iii) interfering the two received EM pulses; iv) outputting the interfered EM pulse as the first EM pulse for inputting into the first optical element; II) a third optical element (BS2) for: i) receiving an EM pulse from the second set of EM pulses; ii) receiving an EM pulse from a fourth set of two or more EM pulses; iii) interfering the two received EM pulses iv) outputting the interfered EM pulse as the second EM pulse for inputting into the first optical element. [Figure 5] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Thompson with the disclosure of Shields. The motivation or suggestion would have been “to realizing large-scale and complex quantum technologies.” (Abstract) Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shields in view of Thompson, as applied to Claim 12, above, in view of Eichenfield et al., (US 12112236 B1) hereinafter referred to as Eichenfield. Regarding Claim 13, Shields does not explicitly teach wherein the optical element is a first optical element (BS18); the apparatus further comprising: I) a second optical element (BS 16) for: i) receiving an EM pulse from the first set of EM pulses; II) a third optical element (BS 17) for: iii) receiving an EM pulse from the second set of EM pulses. Thompson teaches wherein the optical element is a first optical element (BS18); the apparatus further comprising: I) a second optical element (BS 16) for: i) receiving an EM pulse from the first set of EM pulses; II) a third optical element (BS 17) for: iii) receiving an EM pulse from the second set of EM pulses; [Figure 5] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Thompson with the disclosure of Shields. The motivation or suggestion would have been “to realizing large-scale and complex quantum technologies.” (Abstract) The combination of Shields and Thompson does not explicitly teach ii) amplitude splitting the received EM pulse such that: a first portion is output as the first EM pulse to the first optical element (BS 18) a second portion is output towards a heterodyne detection arrangement; iv) amplitude splitting the received EM pulse such that: a first portion is output as the second EM pulse to the first optical element (BS 18) a second portion is output towards the heterodyne detection arrangement. Eichenfield teaches ii) amplitude splitting the received EM pulse such that: a first portion is output as the first EM pulse to the first optical element (BS 18) a second portion is output towards a heterodyne detection arrangement; iv) amplitude splitting the received EM pulse such that: a first portion is output as the second EM pulse to the first optical element (BS 18) a second portion is output towards the heterodyne detection arrangement. [Column 21, lines 8-11, The reconfigurable MZPI will allow cluster states generated in neighboring waveguide channels to be entangled by using the reconfigurable MZPI as a beam-splitter with reconfigurable amplitude splitting between the two output channels] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Eichenfield with the disclosures of Shields and Thompson. The motivation or suggestion would have been “to implement desired functions in both classical and quantum processing systems.” (Abstract) Regarding Claim 14, Shields discloses further comprising a delay line for receiving the second portion output by the third optical element (BS 17) and outputting the delayed second portion towards the heterodyne detection arrangement. [page 41, lines 34-35 through page 42, lines 1-3, The output of the variable or fixed delay line is connected to the second input of interfering beam splitter 906b. The second output of the beam splitter 906a, the delay line 933 and the second input of the interfering beam splitter 906b form the second arm 932 of the interferometer 930] Regarding Claim 15, Shields does not explicitly teach wherein the heterodyne detection arrangement comprises: I) first and second EM detectors; II) at least a fourth optical element (BS21, BS22) for: A) receiving: i) the second portion from the second optical element; ii) the second portion from the third optical element; B) interfering EM pulses received from the first and second sets of EM pulses; C) outputting interfered EM pulses to the first and second EM detectors. Thompson teaches wherein the heterodyne detection arrangement comprises: I) first and second EM detectors; II) at least a fourth optical element (BS21, BS22) for: A) receiving: i) the second portion from the second optical element; ii) the second portion from the third optical element; B) interfering EM pulses received from the first and second sets of EM pulses; C) outputting interfered EM pulses to the first and second EM detectors. [Figure 5] Before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to combine the teachings of Thompson with the disclosure of Shields. The motivation or suggestion would have been “to realizing large-scale and complex quantum technologies.” (Abstract) Regarding Claim 16, Shields discloses wherein the second set of EM pulses have greater intensity than the first set of EM pulses. [page 42, lines 28-35, The intensity of the light detected by the detector 907 connected to one output of the interfering beam splitter 906b depends on the phase difference between the 30 consecutive light pulses (which is random), and the phase shift applied by the phase modulator 928. Where, for example, the same phase shift is applied by the phase modulator 928 for each light pulse, the phase difference between subsequent pulses will be random. Therefore, for each pair of interfering pulse fractions, a random intensity is measured at the detector 907 at an output of the output beam splitter. The 35 detector 908 measures the remaining fraction of the intensity – if the intensity of the pulses is random, then there would be an instance where the second set of EM pulses would have greater intensity than the first set of EM pulses] Allowable Subject Matter Claims 23-27 are allowed. The following is an examiner’s statement of reasons for allowance: Regarding Claim 23, although the closest prior art of record (such as Shields et al., (GB 2540589 A), Liu et al., (CN 111769881 A), Thompson, "Large-scale Integrated Quantum Photonic Technologies for Co mmunications and Computation," in Optical Fiber Communication Conferewnce, Optica Publishing Group, 2019, W3D-3, 3 pages, and Eichenfield et al., (US 12112236 B1)) teaches An apparatus for generating a quantum cryptographic key by outputting one or more EM pulses to a further apparatus; the apparatus comprising: I) one or more electromagnetic, EM, pulse sources for outputting at least a first set of one or more EM pulses and a second set of one or more EM pulses; wherein at least a first EM pulse is based from at least one of the first set of EM pulses; and, at least a second EM pulse is based from at least one of the second set of EM pulses; wherein: i) a random phase relationship exists between the first EM pulse and the second EM pulse; ii) each of the first and second EM pulses comprises a plurality of photons; II) an optical element (BS3) comprising: i) a first input path (a) for receiving a first EM pulse; ii) a second input path (b) for receiving a second EM pulse; iii) at least two output paths (c, d); wherein: the first input path (a) is spatially separate to the second input path (b); the optical element (BS3) is configured to interfere the first EM pulse with the second EM pulse; output a first interfered EM pulse along a first output path (c); output a second interfered EM pulse along a second output path (d); III) a first set of further optical elements (BS4, BS5); the first set comprising at least a first optical element (BS4) and a second optical element (BS5); wherein: A) the first optical element (BS4) of the first set is configured to: a) receive the first interfered EM pulse from the first (c) output path; b) output a first portion of the said received first interfered EM pulse on a path (e) towards the further apparatus; B) the second optical element (BS5) of the first set configured to: d) receive the second interfered EM pulse from the second (d) output path; e) output a first portion of the said received second interfered EM pulse on a path (f) towards the further apparatus; the first portions of the respective first and second interfered EM pulses being associated with a path-encoded quantum cryptographic basis; C) the combined intensity of: i) the first portion of the first interfered EM pulse; and ii) the first portion of the second interfered EM pulse; that is output from the apparatus to the further apparatus comprises an average of up to one photon; c) output a second portion on the received first interfered EM pulse; the said second portion referred to as a first check pulse; f) output a second portion of the received second interfered EM pulse; the said second portion referred to as a second check pulse. However, none of the prior art, alone or in combination teaches IV) a second set of further optical elements configured to: h) receive the first and second check pulses; and, i) create spatially separated first, second and third sub portions of the first check pulse; and, j) create spatially separated first, second and third sub portions of the second check pulse; and, k) output the said sub portions in steps i) and j) for detection in view of other limitations of the independent claims. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT. 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, Eleni Shiferaw can be reached at (571) 272-3867. 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. /ANDREW J STEINLE/Primary Examiner, Art Unit 2497
Read full office action

Prosecution Timeline

Oct 04, 2024
Application Filed
Feb 08, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
99%
With Interview (+19.5%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 547 resolved cases by this examiner. Grant probability derived from career allow rate.

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