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
Applicant's arguments filed 05-21-26 have been fully considered but they are not persuasive.
The examiner will maintain the DP rejection as a TD has not been supplied.
Re claim 4 , the examiner is saying, basically, for the resonator, the signal wavelength matters in the design of such a constant coupling element, that is, for the constant coupler element(50 Ω resonator)/lumped element, shown generally, as noted below, with a cylindrical shape. They are one in the same.
Re the specific figure notation by examiner, in view of the claims as rejected, the examiner maintains the labeling(of Scarlino NPL) as appropriate and consistent with the claim recitations;
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The 1st extremity is labeled and shown above with non-galvanic element (NG1) and the 1st Qubit(Q1) via the NG1, distant from the tunable coupler(tune cplr). The 2nd non-galvanic coupler(NG2) is adjacent the tuneable coupler and interfaces the circuit element drive line. The 2nd extremity of constant coupler is shown. Lastly, the constant/fixed coupler resonator could be considered a waveguide and whether it used to drive a qubit state is irrelevant. The resonator is not a tunable resonator.
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) 1, 2, 3, 4, 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scarlino et al (AAPA NPL Nature Comm 2019: "Coherent Microwave photon mediated Coupling…"] cited by applicants, in view of Chougrani et al, (cited by applicants in this application) NPLhttps://www.researchgate.net/figure/Representation-of-a-cylinder-regarding-the-given-definition_fig23_317129110(May 2017) ). Of record.
Re claims 1 and 14:
The reference to Scarlino et al discloses a tunable coupler system(part of the quantum computer) for controlling at least a 1st Qubit(Q1) The tunable coupler system includes a 1st constant coupler element(50 Ω resonator) shown generally below with a cylindrical shape and with one end(2nd extremity) as highlighted below.
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The 1st constant coupler(fixed coupler) is shown with a non-galvanic coupling interface(cap:NGI1) which interfaces with the qubit(Q1) distant from a tunable coupling element(the squid array).
The tunable coupling element is located adjacent to a 2nd non-galvanic coupling interface to a circuit element(shown) located at a 2nd extremity of the 1st constant coupling element(fixed coupler).
The reference does not explicitly show the entire resonator (fixed coupler)with 1st extremity, however, as highlighted by examiner, this is shown by way of the examiner extension shown above with the 1st extremity as recognized by one of ordinary skill in the art.
The examiner will also show using an image definition for similar shape with two ends, see figure below to Chougrani et al, where extremities for such a shape is highlighted and labeled as extremity sections by Chougrani et al.
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Again, this secondary reference is just to highlight extremities of a shaped structure/element, not modify the primary reference.
Re claim 5: With regards the “conducting Island” the examiner notes that the non- galvanic (capacitive element) isolates the resonator waveguide and thus allows for a semiconductor/conductor island.
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 reference to Scarlino et al, with discrete/lumped resonator (constant coupler) as shown above maybe characterized with extremities as highlighted by conventional nomenclature as provided by way of example, in the the Chougrani et al figure, with extremities shown for such a shaped element. Again, this is a simple matter of design consideration with regards the labeling of the 1st and 2nd extremities to allow for coupling characterizations. The semiconductor island/conductor island is part and parcel of these distributed quantum circuit fabrication of elements and thus a simple matter of design consideration to reduce noise, etc.
Re claims 2 and 3: The fixed coupler( 1st constant coupler) is a waveguide resonator.
Re claim 4: The lumped element analysis is also inherent as a function of wavelength, that is, for the resonator, the signal wavelength matters in the design of such a constant coupling element, that is, for the constant coupler element(50 Ω resonator)/lumped element, shown generally, as noted, with a cylindrical shape. They are one in the same.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,131,225. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims now presented are merely are broader presentation of those patented. That is, for example in claim 1, now pending, a tunable coupler for making a controllable coupling to at least a first qubit, the tunable coupler has a first constant coupling element; and a tunable coupling element, where the first constant coupling element forms a non-galvanic coupling interface to at least the first qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and where the tunable coupling element is located adjacent to a second non-galvanic coupling interface formed as an interface to a circuit element located at a second extremity of the first constant coupling element.
APPL: 18/898,030
Patent: 12,131,225
1. A tunable coupler for making a controllable coupling to at least a first qubit, the tunable coupler comprising: a first constant coupling element; and a tunable coupling element, wherein the first constant coupling element forms a non-galvanic coupling interface to at least the first qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the tunable coupling element is located adjacent to a second non-galvanic coupling interface formed as an interface to a circuit element located at a second extremity of the first constant coupling element.
2. The tunable coupler according to Claim 1, wherein the first constant coupling element is a waveguide.
3. The tunable coupler according to Claim 2, wherein the first constant coupling element is a waveguide resonator.
4. The tunable coupler according to Claim 1, wherein the first constant coupling element is a lumped element resonator.
5. The tunable coupler according to Claim 1, wherein the first constant coupling element is a conductor island.
6. The tunable coupler according to Claim 1, wherein: the tunable coupler comprises a second constant coupling element, the circuit element is a second qubit, the second constant coupling element forms a non-galvanic coupling interface to the second qubit at an extremity of the second constant coupling element distant from the tunable coupling element, and the tunable coupling element is located adjacent to a non-galvanic coupling interface formed between the first and second constant coupling elements.
7. The tunable coupler according to Claim 6, wherein the second constant coupling element is one of a waveguide, a waveguide resonator, a lumped element resonator, or a conductor island.
8. The tunable coupler according to Claim 6, wherein the first and second constant coupling elements are waveguides, and wherein each of the first and second constant coupling elements includes a respective coupling area at the respective extremity adjacent to which the tunable coupling element is located.
9. The tunable coupler according to Claim 8, wherein the respective coupling areas of the first and second constant coupling elements both comprise a first edge adjacent to the first edge of the other coupling area and a second edge adjacent to a respective edge of the tunable coupling element.
10. The tunable coupler according to Claim 8, wherein the tunable coupling element occupies a first sector of an annular two-dimensional region, and wherein each of the respective coupling areas of the first and second constant coupling elements occupies a respective further sector of the annular two-dimensional region.
11. The tunable coupler according to Claim 10, wherein the further sectors are adjacent sectors of the annular two-dimensional region, and wherein together the first sector and the further sectors cover the whole of the annular two-dimensional region.
12. The tunable coupler according to Claim 1, wherein the tunable coupler comprises a chain of consecutive constant coupling elements, of which the first constant coupling element is one, with non-galvanic coupling interfaces formed between consecutive constant coupling elements in the chain.
13. The tunable coupler according to Claim 12, wherein the tunable coupler included at least two tunable coupling elements, each of the at least two tunable coupling elements being adjacent to a respective one of the non-galvanic coupling interfaces formed between consecutive constant coupling elements in the chain.
14. A quantum computing circuit, comprising: a tunable coupler comprising a first constant coupling element and a tunable coupling element; and at least one qubit, wherein the first constant coupling element forms a non-galvanic coupling interface to the at least one qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the tunable coupling element is located adjacent to a non-galvanic coupling interface formed as an interface to a circuit element at a second extremity of the first constant coupling element so that the tunable coupler forms a controllable coupling to the at least one qubit.
15. A quantum computing circuit according to Claim 14, further comprising two qubits, wherein the tunable coupler forms a controllable coupling between the two qubits.
1. A tunable coupler for making a controllable coupling to at least a first qubit and a second qubit, the tunable coupler comprising: a first constant coupling element; and a tunable coupling element, wherein the first constant coupling element forms a first non-galvanic coupling interface to at least the first qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the tunable coupling element is located adjacent to a second non-galvanic coupling interface formed as an interface to the second qubit located at a second extremity of the first constant coupling element.
2. The tunable coupler according to claim 1, wherein the first constant coupling element is a waveguide.
3. The tunable coupler according to claim 2, wherein the first constant coupling element is a waveguide resonator.
4. The tunable coupler according to claim 1, wherein the first constant coupling element is a lumped element resonator.
5. The tunable coupler according to claim 1, wherein the first constant coupling element is a conductor island.
6. A tunable coupler for making a controllable coupling to at least a first qubit, the tunable coupler comprising: a first constant coupling element; a second constant coupling element; and a tunable coupling element, wherein the first constant coupling element forms a first non-galvanic coupling interface to at least the first qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the second constant coupling element forms a second non-galvanic coupling interface to a further circuit element at an extremity of the second constant coupling element distant from the tunable coupling element, and the tunable coupling element is located adjacent to a third non-galvanic coupling interface formed between the first and second constant coupling elements.
7. The tunable coupler according to claim 6, wherein the second constant coupling element is one of a waveguide, a waveguide resonator, a lumped element resonator, or a conductor island.
8. The tunable coupler according to claim 6, wherein the first and second constant coupling elements are waveguides, and wherein each of the first and second constant coupling elements includes a respective coupling area at the respective extremity adjacent to which the tunable coupling element is located.
9. The tunable coupler according to claim 8, wherein the respective coupling areas of the first and second constant coupling elements both comprise a first edge adjacent to the first edge of the other coupling area and a second edge adjacent to a respective edge of the tunable coupling element.
10. The tunable coupler according to claim 8, wherein the tunable coupling element occupies a first sector of an annular two-dimensional region, and wherein each of the respective coupling areas of the first and second constant coupling elements occupies a respective further sector of the annular two-dimensional region.
11. The tunable coupler according to claim 10, wherein the further sectors are adjacent sectors of the annular two-dimensional region, and wherein together the first sector and the further sectors cover the whole of the annular two-dimensional region.
12. The tunable coupler according to claim 1, wherein the tunable coupler includes a chain of consecutive constant coupling elements, of which the first constant coupling element is one, with non-galvanic coupling interfaces formed between consecutive constant coupling elements in the chain.
13. The tunable coupler according to claim 12, wherein the tunable coupler includes at least two tunable coupling elements, each of the at least two tunable coupling elements being adjacent to a respective one of the non-galvanic coupling interfaces formed between consecutive constant coupling elements in the chain.
14. A quantum computing circuit comprising: a tunable coupler comprising a first constant coupling element and a tunable coupling element; and at least two qubits, wherein the first constant coupling element forms a first non-galvanic coupling interface to a first qubit of the at least two qubits at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the tunable coupling element is located adjacent to a second non-galvanic coupling interface formed as an interface to a second qubit of the at least two qubits at a second extremity of the first constant coupling element so that the tunable coupler forms a controllable coupling between the at least two qubits.
15. A quantum computing circuit comprising: a tunable coupler comprising a first constant coupling element, a second constant coupling element, and a tunable coupling element; at least one qubit; and at least one further circuit element, wherein the first constant coupling element forms a first non-galvanic coupling interface to the at least one qubit at a first extremity of the first constant coupling element distant from the tunable coupling element, and wherein the second constant coupling element forms a second non-galvanic coupling interface to the at least one further circuit element at a second extremity of the second constant coupling element distant from the tunable coupling element, and wherein the tunable coupling element is located adjacent to a third non-galvanic coupling interface formed between the first and second constant coupling elements so that the tunable coupler forms a controllable coupling to the at least one qubit.
The difference, for example, in the independent claims 1 and 14, of the application and the Patented claims, is that the circuit element is claimed while in the patent a second qubit is claimed. The circuit element here being another qubit element to be coupled with the first qubit and thus provide for the chain of coupled elements with the constant and tunable coupler in between as further claimed in application claim 15. This is a simple matter of design consideration as these qubits and their functionality are enhanced when coupled together.
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 application claims, as noted above, are merely a broader presentation than the patented claims and the coupled circuit element is another qubit, for all intents and purposes, to provide the enhanced coupled qubit functionality via the coupling as claimed for the chain of elements.
Allowable Subject Matter
The examiner notes that if the DP rejection is overcome by the filing of the TD, as noted above, then the claims not rejected under the 103 rejection would be considered objected to.
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 on 571-270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARNOLD M KINKEAD/Primary Examiner, Art Unit 2836
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