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 .
Status of Claims
2. This Office Action is issued in response to the claims filed on 01/07/2025.
Claims 1-9 are pending in this Office Action.
Priority
3. Acknowledgement is made of Applicant’s priority claim of PCT/EP2023/065779 filed June 13, 2023, which designated the U.S. and claims priority to EP Patent Application No. 22184337.8 filed July 12, 2022.
Information Disclosure Statement
4. The information disclosure statement (IDS) dated 01/07/2025, 06/30/2025, 04/06/2026, and 04/09/2026 have been considered by the Examiner except reference where lined through in IDS dated 01/07/2025 because the reference has not been provided on file (please see attached annotated IDS).
Claim Objection
5. Claims 2-9 are objected to because they recite “An apparatus according to claim 1” which should be “The apparatus according to claim 1.”
Claim 8 misses a “.” at the end.
Appropriate corrections are required.
Claim Rejections - 35 U.S.C. § 102
6. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 1-2 and 4-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Martinelli (US 20250080337 A1), hereinafter “Martinelli.”
Regarding claim 1, Martinelli discloses an apparatus for performing quantum key distribution, the apparatus comprising:
A first quantum terminal, the first quantum terminal being a member of a first quantum transmitter/receiver pair (Fig.3 with associated text: modulation module 130-first quantum terminal- receives signal from source module 120. Modulation module 130 and source module 120: first quantum transmitter/receiver pair), and
A second quantum terminal, the second quantum terminal being a member of a second quantum transmitter/receiver pair (Fig.3 with associated text: demodulation module 140-second quantum terminal. Demodulation module 140 and photodetection module 150: second quantum transmitter/receiver pair),
Wherein the first quantum terminal comprises a plurality of connected functional components which, in use, co-operate to perform quantum key distribution with the other of the first quantum transmitter/receiver pair, Wherein, in use, one or more of the plurality of connected functional components co-operates with the second quantum terminal to perform quantum key distribution with the other of the second quantum transmitter/receiver pair (Fig.3 with associated text and paragraphs [0079]-[0080]: modulation module 130 comprises first retarder plate 132, which allows to establish the base B (rectilinear, diagonal or circular) of the spin of each polarized photon entering the modulation module 130, and a second retarder plate 134, which allows to establish the state or code C which generates the bit logic sequence forming the key. The first 132 and the second retarder plate 134 are controlled by an actuator 135. The modulation module 130 further comprises, upstream of the retarder plates 132 and 134, a first polarization stabilizer 136, which is connected to an input optical port 131 of the modulation module 30 for receiving a photon transmitted by the source module 120 and for reorienting the base B of the photon spin. Demodulation module 140 is connected to the modulation module 130).
Regarding claim 2, Martinelli discloses the apparatus according to claim 1, in which the one or more of the plurality of connected functional components is functionally connected to the second quantum terminal by optical fibre (paragraph [0080]: Demodulation module 140 is connected to the modulation module 130 by an optical fibre).
Regarding claim 4, Martinelli discloses the apparatus according to any claim1, in which the one or more of the plurality of connected functional components is provisioned in a separate module which is spaced apart from the remainder of the plurality of functional components of the first quantum terminal (Fig.3 with associated text: specific components with specific functions are spaced apart from each other).
Regarding claim 5, Martinelli discloses the apparatus according to any claim1, in which the one or more of the plurality of connected functional components comprises a control electronics module (Fig.3 with associated text: actuator 135- control electronics module).
Regarding claim 6, Martinelli discloses the apparatus according to any claim1, in which the first quantum terminal comprises a quantum transmitter and the second quantum terminal comprises a quantum transmitter (Fig.3 with associated text: modulation module 130 transmits photon/data to demodulation module 140 via optical fibre FMD and demodulation module 140 transmit photon/data to photodetection module 150 via optical fibre FDF- modulation module 130 and demodulation module 140 each is a quantum transmitter or each inherently has a quantum transmitter).
Regarding claim 7, Martinelli discloses the apparatus according to claim 1, in which the first quantum terminal comprises a quantum receiver and the second quantum terminal comprises a quantum receiver (Fig.3 with associated text: modulation module 130 receives photon/data from source module 120 and demodulation module 140 receives photon/data from modulation module 130. Modulation module 130 and demodulation module 140 each is a quantum receiver or each inherently has a quantum receiver).
Regarding claim 8, Martinelli discloses the apparatus according to claim 1, in which the apparatus for performing quantum key distribution located in a quantum node (Fig.3 with associated text: system 1100 is a quantum node in quantum key distribution system).
Regarding claim 9, Martinelli discloses the apparatus according to claim 1, in which the apparatus further comprises the other member of the first quantum transmitter/receiver pair and the other member of the second quantum transmitter/receiver pair (Fig.3 with associated text: Modulation module 130 and source module 120: first quantum transmitter/receiver pair and Demodulation module 140 and photodetection module 150: second quantum transmitter/receiver pair).
Claim Rejections - 35 USC § 103
8. 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.
9. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Martinelli (US 20250080337 A1), hereinafter “Martinelli” in view of Bakopoulos et al. (US 20230132571 A1), hereinafter “Bakopoulos.”
Regarding claim 3, Martinelli discloses the apparatus according to claim 1. Martinelli does not explicitly disclose the one or more of the plurality of connected functional components is functionally connected to the second quantum terminal by metallic wiring. However, a quantum system in which components of quantum terminals connected by metallic wiring is known in the art and Bakopoulos’ teaching is an example (Fig.1 with associated text and paragraph [0040]: the Examiner considers QKD 116 and Networking Device 108 is a quantum terminal that communicate via optical fibers and conductive wires).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Martinelli’s teaching of quantum key distribution with the plurality of connected functional components with Bakopoulos’ teaching of a quantum system in which components of quantum terminals connected by metallic wiring to have obvious and predictable result of the one or more of the plurality of connected functional components is functionally connected to the second quantum terminal by metallic wiring.
Prior Art of Record
10. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: see attached PTO-892 Notice of References Cited.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH T. LE whose telephone number is (571)270-0279. The examiner can normally be reached on Monday-Friday 8:00 am - 4:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Farid Homayounmehr can be reached on 571-272-3739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THANH T LE/Primary Examiner, Art Unit 2495
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