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 .
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 obviousness-type 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); 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) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,143,267. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are an obvious subset of the limitations presented in claims 1-20 of US Pat No. 12,143,267.
The following table illustrates the conflicting claim pairs:
Present App.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
US Pat.
12,143,267
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
The following table illustrates a mapping of the limitations of claim 1 of the present application when compared against the limitations of claim 1 of US Pat 12,143,267. The differences have been bolded for purposes of clarity.
Claim 1 of Present Application
Claim 1 of US Pat 12,143,267
1. A method comprising:
1. A method comprising:
calculating, by a processing system including at least one processor, a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
calculating, by a processing system including at least one processor, a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
identifying, by the processing system, a proposed new configuration for the hybrid quantum-classical telecommunications network;
identifying, by the processing system, a proposed new configuration for the hybrid quantum-classical telecommunications network;
calculating, by the processing system, the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network;
calculating, by the processing system, the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network;
and implementing, by the processing system, the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
and implementing, by the processing system, the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
wherein the implementing comprises modifying a transport medium or an access medium of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
wherein the implementing comprises modifying a topology of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
As the table above illustrates, all the limitations of claim 1 of the present application are taught by claim 1 of US Pat 12,143,267.
Thus, claim 1 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 1 of US Pat 12,143,267, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 19 of the present application when compared against the limitations of claim 19 of US Pat 12,143,267. The differences have been bolded for purposes of clarity.
Claim 19 of Present Application
Claim 19 of US Pat 12,143,267
19. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor, cause the processing system to perform operations, the operations comprising:
19. A non-transitory computer-readable medium storing instructions which, when executed by a processing system including at least one processor, cause the processing system to perform operations, the operations comprising:
calculating a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
calculating a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
identifying a proposed new configuration for the hybrid quantum-classical telecommunications network;
identifying a proposed new configuration for the hybrid quantum-classical telecommunications network;
calculating the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network;
calculating the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network;
and implementing the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
and implementing the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
wherein the implementing comprises modifying a transport medium or an access medium of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
wherein the implementing comprises modifying a topology of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
As the table above illustrates, all the limitations of claim 19 of the present application are taught by claim 19 of US Pat 12,143,267.
Thus, claim 19 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 19 of US Pat 12,143,267, as anticipation of all limitations is tantamount to obviousness.
The following table illustrates a mapping of the limitations of claim 20 of the present application when compared against the limitations of claim 20 of US Pat 12,143,267. The differences have been bolded for purposes of clarity.
Claim 20 of Present Application
Claim 20 of US Pat 12,143,267
20. A device comprising:
20. A device comprising:
a processing system including at least one processor;
a processing system including at least one processor;
and a non-transitory computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising:
and a non-transitory computer-readable medium storing instructions which, when executed by the processing system, cause the processing system to perform operations, the operations comprising:
calculating a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
calculating a quantum network relative performance metric for a current configuration of a hybrid quantum-classical telecommunications network;
identifying a proposed new configuration for the hybrid quantum-classical telecommunications network;
identifying a proposed new configuration for the hybrid quantum-classical telecommunications network;
calculating the quantum network relative performance metric for the of the proposed new configuration hybrid quantum-classical telecommunications network;
calculating the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network;
and implementing the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
and implementing the proposed new configuration in the hybrid quantum-classical telecommunications network when the quantum network relative performance metric for the proposed new configuration of the hybrid quantum-classical telecommunications network is greater than the quantum network relative performance metric for the current configuration of the hybrid quantum-classical telecommunications network,
wherein the implementing comprises modifying a transport medium or an access medium of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
wherein the implementing comprises modifying a topology of the hybrid quantum-classical telecommunications network based on the proposed new configuration.
As the table above illustrates, all the limitations of claim 20 of the present application are taught by claim 20 of US Pat 12,143,267.
Thus, claim 20 of the present application would have been obvious to one of ordinary skill in the art at the time of the invention in view of claim 20 of US Pat 12,143,267, as anticipation of all limitations is tantamount to obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIBRET A WOLDEKIDAN whose telephone number is (571)270-5145. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID C PAYNE can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIBRET A WOLDEKIDAN/ Primary Examiner, Art Unit 2635
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