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 § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ),
second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 8-10, claims 8-10 claim both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112, second paragraph. See In Ex part Lyell, 17 USPQ2d 1548 (Bd. Pat App. & Inter. 1990) and see MPEP 2173.05(p) section II.
Claim Rejections - 35 USC § 101
Claims 8-10 are rejected under 35 U.S.C. 101 based on the theory that the
claims is directed to neither a “process” nor a “machine,” but rather embraces or overlaps two different statutory classes of invention in the alternative only. Id. At 1551.
Allowable Subject Matter
Claims 1-7 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claims 1-3 are allowable because Yuan et al (US Patent No. 8,374,350) and
Dynes et al (US Patent No. 9,634,770), takes alone or in combination, fails to teach the transmitter comprising: a signal-generating module configured to generate an intermediate quantum signal |Ψ1) and an intermediate reference signal Sc, said signal-generating module further being configured to generate a frequency shift ∆w between the intermediate quantum signal |Ψ1) and the intermediate reference signal Sc, and an encoding interferometric module configured to receive said intermediate quantum signal |Ψ1) and said intermediate reference signal Sc, and to determine an encoded interferometric signal S₂ comprising an encoded interferometric quantum signal
|ΨA) and an interferometric reference signal ScA on the basis of said intermediate
quantum signal |Ψ1) and of said intermediate reference signal Sc tracing a substantially similar optical path, the encoding interferometric module comprising an encoding device configured to apply a phase modulation α to only one component of the intermediate quantum signal |Ψ1).
Claims 4-7 are allowable because Yuan et al (US Patent No. 8,374,350) and
Dynes et al (US Patent No. 9,634,770), takes alone or in combination, fails to teach the receiver comprising: a transcoding interferometric module configured to generate a transcoded interferometric quantum signal |ΨB) and a phase-modulated interferometric reference signal ScB on the basis of said encoded interferometric quantum signal |ΨA) and of said interferometric reference signal ScA tracing a substantially similar optical path, said transcoding interferometric module comprising a transcoding and phase-modulating device that is configured to apply a phase modulation βeff to only one component of the encoded interferometric quantum signal |ΨA> and a phase modulation Ⴔₘ to only one component of the interferometric reference signal ScA, and a processing module configured to take at least one measurement of the transcoded interferometric quantum signal |ΨB) and at least one measurement of the phase-modulated interferometric reference signal ScB, said processing module further being configured to determine the phase modulation βeff on the basis of the phase modulation Ⴔₘ and of said at least one measurement of the phase-modulated interferometric reference signal ScB.
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
7. The prior art made of record and not relied upon is considered pertinent to
applicant's disclosure.
Yuan et al (US Patent No. 8,374,350) discloses quantum communication system.
Dynes et al (US Patent No. 9,634,770) discloses quantum communication
system.
8. Any inquiry concerning this communication or earlier communications
from the examiner should be directed to Hanh Phan whose telephone
number is (571)272-3035. If attempts to reach the examiner by telephone
are unsuccessful the examiner's supervisor, Kenneth Vanderpuye, can be
reached on (571)272-3078. The fax phone number for the organization
where this application or proceeding is assigned is (571)273-8300. Any
inquiry of a general nature or relating to the status of this application or
proceeding should be directed to the receptionist whose telephone number is (703)305-4700.
/HANH PHAN/Primary Examiner, Art Unit 2634
