DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action is in response to the following communication: Non-provisional Application No.18/933,421 filed on 10/31/2024. .
3. Claims 1-20 are pending.
Claims 1, 8 and 15 are independent claims.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention recites a judicial exception, is directed to that judicial exception, an abstract idea, as it has not been integrated into practical application and the claims further do not recite significantly more than the judicial exception. Examiner has evaluated the claims under the framework provided in the 2019 Patent Eligibility Guidance published in the Federal Register 01/07/2019 and has provided such analysis below.
Regarding claims 1, 8 and 15, the limitations “determining… a prediction of an amount” as drafted, are functions that, under its broadest reasonable interpretation, recite the abstract idea of a mental process. These limitations encompass a human mind carrying out these functions through observation, evaluation judgment and /or opinion, or even with the aid of pen and paper. Thus, this limitation recites and falls within the “Mental Processes” grouping of abstract ideas under Prong 1.
Claims 1, 8 and 15: Under Prong 2 Step 2A, the judicial exception is not integrated into a practical application. The additional elements “a system”, “a processing device”, “a memory device”, “a quantum computer system”, and “a computer-readable medium” merely recite instructions to implement an abstract idea on a generic computer, or merely uses a generic computer or computer components as a tool to perform the abstract idea, thus is not a practical application under Prong 2. The additional element “receiving… a file defining a quantum algorithm”, “accessing… a data repository “, “executing at least one logic gate“, and “adjusting… the quantum algorithm“ do nothing more than add insignificant extra solution activity to the judicial exception of merely gathering data. Accordingly, the additional elements do not integrate the recited judicial exception into a practical application and the claim is therefore directed to the judicial exception. See MPEP 2106.05(f) and (g), respectively.
Claims 1, 8 and 15: Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As stated above in prong 2, the additional elements “a system”, “a processing device”, “a memory device”, “a quantum computer system”, and “a computer-readable medium” merely recite instructions to implement an abstract idea on a generic computer, or merely uses a generic computer or computer components as a tool to perform the abstract idea, and the additional element “receiving… a file defining a quantum algorithm”, “accessing… a data repository “, “executing at least one logic gate“, and “adjusting… the quantum algorithm“ is merely gathering data which the courts have identified as well-understood, routine conventional activity. See for example Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362, MPEP 2106.05(d). Therefore, the additional elements do not amount to significantly more, thus, cannot provide an inventive concept. Accordingly, the claims are not patent eligible under 35 USC 101.
Claims 1, 8 and 15 recite further additional elements “a system”, “a processing device”, “a memory device”, “a quantum computer system”, and “a computer-readable medium”. These additional elements are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer, and/or generic computer components. See MPEP 2106.05(f). Therefore, the additional elements recited in claims 1, 8 and 15 do not integrate the judicial exception into a practical application under prong 2, nor amount to significantly more under step 2B.,
Regarding claims 2, 6, 7, 9, 13, 14, 16 and 20, the additional elements of “transmitting the file” and “adjusting the quantum algorithm“ is analyzed under Prong 2 as mere data gathering which does not integrate the judicial exception into a practical application, or amounts to significantly more under Step 2B for the reasons provided in the rejection of claims 1, 8 and 15.
Regarding claims 3, 10 and 17, the limitations recited in these claims merely describe the “prediction is a first prediction of a first amount”, “determining a second prediction” and “determining that the quantum algorithm is to be executed” in each of claims 1, 8 and 15, thus, are likewise analyzed under Prong 1 as mental process.
Regarding claims 4, 5, 11, 12, 18, and 19, the limitation determining, based on the simulation, a second prediction”, “determining a quantum decoherence threshold” and “determining that the prediction of the amount” recites additional mental process under Prong 1. The additional element “performing a simulation of executing” and “adjusting the quantum algorithm” is analyzed under Prong 2 as mere data gathering which does not integrate the judicial exception into a practical application, or amounts to significantly more under Step 2B for the reasons provided in the rejection of claims 1, 8 and 15.
Double Patenting
6. 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. See 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); and 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) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.131(c). 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. 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 filing date of the application will determine what form 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.
7. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-7 of copending Application No. 17945158 (Patent No.12154006). Although the conflicting claims are not identical, they are not patentably distinct from each other because limitations in one claim can obviously be applicable in the corresponding claim.
The following tables show demonstrates the reason for the rejection:
18933421
17945158 (Patent No. 12154006)
1. A system comprising: a processing device; and a memory device that includes instructions executable by the processing device for causing the processing device to perform operations comprising:
receiving, by a gate analysis service, a file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence or an estimated increase in heat associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence or of an increase in heat associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence or based on the estimated increase in heat associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the quantum algorithm to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
1. A method comprising:
receiving, by a gate analysis service, a quantum assembly language (QASM) file, the QASM file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the QASM file to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
2. The system of claim 1, wherein the operations further comprise: subsequent to adjusting the quantum algorithm, transmitting the file comprising the adjusted quantum algorithm to the quantum computer system for execution on the quantum computer system.
2. The method of claim 1, further comprising:
subsequent to adjusting the QASM file, sending the QASM file to the quantum computer system for execution on the quantum computer system.
3. The system of claim 1, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence or of a first increase in heat, and wherein the operations further comprise:
determining a second prediction of a second amount of quantum decoherence or of a second increase in heat associated with executing the at least one logic gate of the set of logic gates on a second quantum computer system; and
determining that the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
3. The method of claim 1, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence, and the method further comprises:
determining, by the gate analysis service, a second prediction of a second amount of quantum decoherence for a second quantum computer system; and
determining, by the gate analysis service, the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
4. The system of claim 1, wherein the operations further comprise: performing a simulation of executing the set of logic gates on the quantum computer system; and
determining, based on the simulation, a second prediction of the amount of quantum decoherence or of the increase in heat associated with executing the at least one logic gate of the set of logic gates on the quantum computer system.
4. The method of claim 1, wherein the set of logic gates is a first set of logic gates, and the method further comprises:
performing, by the gate analysis service, a simulation of executing a second set of logic gates on the quantum computer system, wherein the plurality of logic gates exclude the second set of logic gates;
determining, based on the simulation, a second prediction of a second amount of quantum decoherence associated with executing the second set of logic gates on the quantum computer system; and
storing, by the gate analysis service, the second amount of quantum decoherence in the data repository.
5. The system of claim 1, wherein the operations further comprise: determining a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold; and
wherein adjusting the quantum algorithm is performed in response to determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold.
5. The method of claim 1, further comprising:
determining, by the gate analysis service, a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining, by the gate analysis service, that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold;
adjusting, by the gate analysis service, the QASM file by altering the at least one logic gate based on the prediction exceeding the quantum decoherence threshold.
6. The system of claim 1, wherein the operation of adjusting the quantum algorithm comprises altering the at least one logic gate by: replacing the at least one logic gate of the set of logic gates with at least one alternative logic gate of the plurality of logic gates.
6. The method of claim 5, wherein adjusting the QASM file by altering the at least one logic gate comprises:
replacing, by the gate analysis service, the at least one logic gate of the set of logic gates for which the prediction exceeds the quantum decoherence threshold with at least one logic gate of the plurality of logic gates for which the estimated amount of quantum decoherence does not exceed the quantum decoherence threshold.
7. The system of claim 1, wherein the set of logic gates are defined in a first order, and wherein the operation of adjusting the quantum algorithm comprises:
reordering the at least one logic gate of the set of logic gates and at least one additional logic gate of the set of logic gates to put the set of logic gates into a second order.
7. The method of claim 1, wherein the set of logic gates are defined in a first order associated with the prediction of the amount of quantum decoherence and adjusting the QASM file comprises:
reordering, by the gate analysis service, the at least one logic gate of the set of logic gates and at least one additional logic gate of the set of logic gates into a second order based on the prediction of the amount of quantum decoherence and a second prediction of the amount of quantum decoherence for the at least one additional logic gate.
8. A method comprising: receiving, by a gate analysis service, a file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence or an estimated increase in heat associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence or of an increase in heat associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence or based on the estimated increase in heat associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the quantum algorithm to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
1. A method comprising: receiving, by a gate analysis service, a quantum assembly language (QASM) file, the QASM file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the QASM file to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
9. The method of claim 8, further comprising: subsequent to adjusting the quantum algorithm, transmitting the file comprising the adjusted quantum algorithm to the quantum computer system for execution on the quantum computer system.
2. The method of claim 1, further comprising: subsequent to adjusting the QASM file, sending the QASM file to the quantum computer system for execution on the quantum computer system.
10. The method of claim 8, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence or of a first increase in heat, and wherein the method further comprises:
determining a second prediction of a second amount of quantum decoherence or of a second increase in heat associated with executing the at least one logic gate of the set of logic gates on a second quantum computer system; and
determining that the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
3. The method of claim 1, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence, and the method further comprises:
determining, by the gate analysis service, a second prediction of a second amount of quantum decoherence for a second quantum computer system; and
determining, by the gate analysis service, the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
11. The method of claim 8, further comprising: performing a simulation of executing the set of logic gates on the quantum computer system; and
determining, based on the simulation, a second prediction of the amount of quantum decoherence or of the increase in heat associated with executing the at least one logic gate of the set of logic gates on the quantum computer system.
4. The method of claim 1, wherein the set of logic gates is a first set of logic gates, and the method further comprises:
performing, by the gate analysis service, a simulation of executing a second set of logic gates on the quantum computer system, wherein the plurality of logic gates exclude the second set of logic gates;
determining, based on the simulation, a second prediction of a second amount of quantum decoherence associated with executing the second set of logic gates on the quantum computer system; and
storing, by the gate analysis service, the second amount of quantum decoherence in the data repository.
12. The method of claim 8, further comprising: determining a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold; and
wherein adjusting the quantum algorithm is performed in response to determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold.
5. The method of claim 1, further comprising:
determining, by the gate analysis service, a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining, by the gate analysis service, that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold;
adjusting, by the gate analysis service, the QASM file by altering the at least one logic gate based on the prediction exceeding the quantum decoherence threshold.
13. The method of claim 8, wherein the step of adjusting the quantum algorithm comprises altering the at least one logic gate by: replacing the at least one logic gate of the set of logic gates with at least one alternative logic gate of the plurality of logic gates.
6. The method of claim 5, wherein adjusting the QASM file by altering the at least one logic gate comprises:
replacing, by the gate analysis service, the at least one logic gate of the set of logic gates for which the prediction exceeds the quantum decoherence threshold with at least one logic gate of the plurality of logic gates for which the estimated amount of quantum decoherence does not exceed the quantum decoherence threshold.
14. The method of claim 8, wherein the set of logic gates are defined in a first order, and wherein the step of adjusting the quantum algorithm comprises:
reordering the at least one logic gate of the set of logic gates and at least one additional logic gate of the set of logic gates to put the set of logic gates into a second order.
7. The method of claim 1, wherein the set of logic gates are defined in a first order associated with the prediction of the amount of quantum decoherence and adjusting the QASM file comprises:
reordering, by the gate analysis service, the at least one logic gate of the set of logic gates and at least one additional logic gate of the set of logic gates into a second order based on the prediction of the amount of quantum decoherence and a second prediction of the amount of quantum decoherence for the at least one additional logic gate.
15. A non-transitory computer-readable medium comprising program code that is executable by a processing device for causing the processing device to perform operations comprising:
receiving, by a gate analysis service, a file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence or an estimated increase in heat associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence or of an increase in heat associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence or based on the estimated increase in heat associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the quantum algorithm to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
1. A method comprising:
receiving, by a gate analysis service, a quantum assembly language (QASM) file, the QASM file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system;
accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence associated with each logic gate of a plurality of logic gates that includes the set of logic gates;
determining, by the gate analysis service, a prediction of an amount of quantum decoherence associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence associated with each logic gate of the plurality of logic gates; and
adjusting, by the gate analysis service, the QASM file to decrease the prediction associated with executing the set of logic gates on the quantum computer system.
16. The non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
subsequent to adjusting the quantum algorithm, transmitting the file comprising the adjusted quantum algorithm to the quantum computer system for execution on the quantum computer system.
2. The method of claim 1, further comprising: subsequent to adjusting the QASM file, sending the QASM file to the quantum computer system for execution on the quantum computer system.
17. The non-transitory computer-readable medium of claim 15, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence or of a first increase in heat, and wherein the operations further comprise:
determining a second prediction of a second amount of quantum decoherence or of a second increase in heat associated with executing the at least one logic gate of the set of logic gates on a second quantum computer system; and
determining that the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
3. The method of claim 1, wherein the quantum computer system is a first quantum computer system and the prediction is a first prediction of a first amount of quantum decoherence, and the method further comprises:
determining, by the gate analysis service, a second prediction of a second amount of quantum decoherence for a second quantum computer system; and
determining, by the gate analysis service, the quantum algorithm is to be executed on the second quantum computer system based on the second prediction being less than the first prediction.
18. The non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
performing a simulation of executing the set of logic gates on the quantum computer system; and
determining, based on the simulation, a second prediction of the amount of quantum decoherence or of the increase in heat associated with executing the at least one logic gate of the set of logic gates on the quantum computer system.
4. The method of claim 1, wherein the set of logic gates is a first set of logic gates, and the method further comprises:
performing, by the gate analysis service, a simulation of executing a second set of logic gates on the quantum computer system, wherein the plurality of logic gates exclude the second set of logic gates;
determining, based on the simulation, a second prediction of a second amount of quantum decoherence associated with executing the second set of logic gates on the quantum computer system; and
storing, by the gate analysis service, the second amount of quantum decoherence in the data repository.
19. The non-transitory computer-readable medium of claim 15, wherein the operations further comprise:
determining a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold; and
wherein adjusting the quantum algorithm is performed in response to determining that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold.
5. The method of claim 1, further comprising:
determining, by the gate analysis service, a quantum decoherence threshold for the at least one logic gate of the set of logic gates;
determining, by the gate analysis service, that the prediction of the amount of quantum decoherence associated with the at least one logic gate of the set of logic gates exceeds the quantum decoherence threshold;
adjusting, by the gate analysis service, the QASM file by altering the at least one logic gate based on the prediction exceeding the quantum decoherence threshold.
20. The non-transitory computer-readable medium of claim 15, wherein the operation of adjusting the quantum algorithm comprises altering the at least one logic gate by: replacing the at least one logic gate of the set of logic gates with at least one alternative logic gate of the plurality of logic gates.
6. The method of claim 5, wherein adjusting the QASM file by altering the at least one logic gate comprises:
replacing, by the gate analysis service, the at least one logic gate of the set of logic gates for which the prediction exceeds the quantum decoherence threshold with at least one logic gate of the plurality of logic gates for which the estimated amount of quantum decoherence does not exceed the quantum decoherence threshold.
Allowable Subject Matter
8. Claims 1-20, wherein the cited prior art taken alone or in combination fail to teach, in combination with the other claimed limitations, instructions executable by the processing device for causing the processing device to perform operations comprising: receiving, by a gate analysis service, a file defining a quantum algorithm including a set of logic gates that are executable on a quantum computer system; accessing, by the gate analysis service, a data repository comprising an estimated amount of quantum decoherence or an estimated increase in heat associated with each logic gate of a plurality of logic gates that includes the set of logic gates; determining, by the gate analysis service, a prediction of an amount of quantum decoherence or of an increase in heat associated with executing at least one logic gate of the set of logic gates on the quantum computer system based on the estimated amount of quantum decoherence or based on the estimated increase in heat associated with each logic gate of the plurality of logic gates; and adjusting, by the gate analysis service, the quantum algorithm to decrease the prediction associated with executing the set of logic gates on the quantum computer system. The art of record does not expressly disclose such features.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Patent Application Publications
Ibrahim 20230126764 teaches a computer program product for optimizing a data analytics fraud prediction/detection pipeline that includes a combination of a classical machine learned classifier model with a quantum machine learned model to optimize the performance of the fraud prevention model. The feature selection uses different feature maps: one determined by the classic classifier and the other determined by the quantum model implementation that exploits the entanglement quantum property. The quantum method can include a quantum support vector machine implementing a built feature forward algorithm that uses a quantum kernel estimate for feature mapping.
Richardson 10592216 a development environment for programming quantum computing resources are disclosed. A development environment receives information associated with a quantum algorithm. A quantum computing resource is selected for implementation of the quantum algorithm based at least in part on one or more metrics analyzed by the development environment. The quantum computing resource comprises a plurality of quantum bits and is selected from a pool of computing resources of a provider network. A program executable on the quantum computing resource is generated based at least in part on the information associated with the quantum algorithm.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Evral Bodden whose telephone number is 571-272-3455. The examiner can normally be reached on Monday to Friday from 9am to 5pm.
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/EVRAL E BODDEN/Primary Examiner, Art Unit 2193
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