lDETAILED 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 .
Claims 1 -20 are presented for examination.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,261,604 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the limitations claimed in claims 1-20 of the present application are obvious in view of the limitations claimed in claims 1-20 of U.S. Patent No. 12,261,604 B2 and further in view of Faraz “Superconducting Nanowire Single-Photon Detectors: New Detector Architectures and Integration with Photonic Chips, Massachusetts Institute of Technology, Jun. 2015, pg.1 – 161.
In the table below the similarities between the limitations in claims 1-20 of the present application and the limitations in claims 1-20 of U.S. Patent No. 12,261,604 B2 are underlined.
19/081,941 (Present Application)
12,261,604 B2
Claim 1
A circuit, comprising: a superconducting component having a plurality of narrow portions and a plurality of wide portions, wherein the plurality of narrow portions and the plurality of wide portions have curved edges and rounded corners; and a plurality of photon detector components, each photon detector component coupled to a corresponding narrow portion of the plurality of narrow portions.
Claim 1
A circuit, comprising: a superconducting component having a plurality of narrow portions and a plurality of wide portions; a plurality of photon detector components, each photon detector component coupled to a corresponding narrow portion of the plurality of narrow portions and configured to provide an output that causes the corresponding narrow portion to transition from a superconducting state to a non-superconducting state; and an output component coupled to the superconducting component, the output component configured to determine a number of the plurality of narrow portions of the superconducting component that are in the non-superconducting state and obvious in view of pg.78 fig.4-3(b) & pg.79 fig.4-4 of Faraz.
Claim 2
the circuit is configured to operate as a photon counter.
Claim 2
the circuit is configured to operate as a photon counter.
Claim 3
the superconducting component comprises a thin film of superconducting material.
Claim 3
the superconducting component comprises a thin film of superconducting material.
Claim 4
each wide portion of the plurality of wide portions is configured to remain in a superconducting state while a corresponding narrow portion transitions from the superconducting state to a non-superconducting state.
Claim 4
each wide portion of the plurality of wide portions is configured to remain in the superconducting state while the corresponding narrow portion transitions from the superconducting state to the non-superconducting state.
Claim 5
the plurality of wide portions is configured to thermally isolate narrow portions of the plurality of narrow portions from one another SO that a respective narrow portion transitioning to a non-superconducting state is not sufficient to cause a neighboring narrow portion to transition to the non-superconducting state.
Claim 5
each wide portion of the plurality of wide portions is configured to remain in the superconducting state while the corresponding narrow portion transitions from the superconducting state to the non-superconducting state.
Claim 6
each photon detector component of the plurality of photon detector components comprises a superconductor.
Claim 6
each photon detector component of the plurality of photon detector components comprises a superconductor.
Claim 7
a current source configured to supply a current such that a respective narrow portion of the superconducting component is in a superconducting state in the absence of a respective output from a corresponding photon detector component.
Claim 7
a current source configured to supply a current such that a respective narrow portion of the superconducting component is in the superconducting state in the absence of a respective output from a corresponding photon detector component.
Claim 8
one or more impedance components coupled to the superconducting component, wherein the one or more impedance components are configured to adjust an amount of current flow through portions of the superconducting component.
Claim 8
one or more impedance components coupled to the superconducting component, wherein the one or more impedance components are configured to adjust an amount of current flow through portions of the superconducting component.
Claim 9
an inductive component coupled to the superconducting component, wherein the inductive component is configured to adjust a transition time for transitioning respective narrow portions of the plurality of narrow portions.
Claim 9
an inductive component coupled to the superconducting component, wherein the inductive component is configured to adjust a transition time for transitioning respective narrow portions of the plurality of narrow portions.
Claim 10
at least one terminal of the circuit is coupled to a reference node.
Claim 10
at least one terminal of the circuit is coupled to a reference node.
Claim 11
each photon detector component is electrically isolated from the corresponding narrow portion.
Claim 12
each photon detector component is electrically isolated from the corresponding narrow
Claim 12
configurable logic circuitry coupled to the superconducting component.
Claim 13
configurable logic circuitry coupled to the superconducting component.
Claim 13
an output component coupled to the superconducting component, the output component configured to determine a number of the plurality of narrow portions of the superconducting component that are in a non-superconducting state.
Claim 1
A circuit, comprising: a superconducting component having a plurality of narrow portions and a plurality of wide portions; a plurality of photon detector components, each photon detector component coupled to a corresponding narrow portion of the plurality of narrow portions and configured to provide an output that causes the corresponding narrow portion to transition from a superconducting state to a non-superconducting state; and an output component coupled to the superconducting component, the output component configured to determine a number of the plurality of narrow portions of the superconducting component that are in the non-superconducting state.
Claim 14
A method of detecting photons, comprising: providing a first current to a circuit that includes:
a superconducting component having a plurality of narrow portions and a plurality of wide portions, wherein the plurality of narrow portions and the plurality of wide portions have curved edges and rounded corners; and
a plurality of photon detector components, each photon detector component coupled to a corresponding narrow portion of the plurality of narrow portions wherein the first current is configured such that the plurality of narrow portions operates in a superconducting state;
providing an input to one or more narrow portions of the plurality of narrow portions, the input configured to initiate a transition of the one or more narrow portions to a non- superconducting state while the plurality of wide portions is maintained in the superconducting state; and determining a number of the plurality of narrow portions in the non-superconducting state based on an impedance of the superconducting component.
Claim 14
A method of detecting photons, comprising: providing a first current to a circuit that includes: a superconducting component having a plurality of narrow portions and a plurality of wide portions; and a resistive component coupled in parallel with the superconducting component; wherein the first current is configured such that the plurality of narrow portions operates in a superconducting state; providing an input to one or more narrow portions of the plurality of narrow portions, the input configured to initiate a transition of the one or more narrow portions to a non-superconducting state while the plurality of wide portions is maintained in the superconducting state; and determining a number of the plurality of narrow portions in the non-superconducting state based on an impedance of the superconducting component and obvious in view of pg.78 fig.4-3(b) & pg.79 fig.4-4 of Faraz..
claim 15
the input is provided by a set of photon detector components that is coupled to the one or more narrow portions.
Claim 15
the input is provided by a set of photon detector components that is coupled to the one or more narrow portions.
Claim 15
the input is provided by a set of photon detector components that is coupled to the one or more narrow portions.
Claim 16
the first current is provided via a current source coupled to the superconducting component.
Claim 16
the first current is provided via a current source coupled to the superconducting component.
Claim 17
the circuit further comprises a resistive component coupled in parallel with the superconducting component.
Claim 17
the resistive component is an impedance component.
Claim 18
the number of the plurality of narrow portions in the non-superconducting state is determined by a readout component.
Claim 18
the number of the plurality of narrow portions in the non-superconducting state is determined by a readout component.
Claim 19
after determining the number of the plurality of narrow portions in the non-superconducting state, transitioning the one or more narrow portions from the non-superconducting state to the superconducting state.
Claim 19
after determining the number of the plurality of narrow portions in the non-superconducting state, transitioning the one or more narrow portions from the non-superconducting state to the superconducting state.
Claim 20
after determining the number of the plurality of narrow portions in the non-superconducting state, resetting the one or more narrow portions.
Claim 20
after determining the number of the plurality of narrow portions in the non-superconducting state, resetting the one or more narrow portions.
Regarding claims 1 & 14, Najafi et al. do not claim: the plurality of narrow portions and the plurality of wide portions have curved edges and rounded corners
In a similar field of endeavor Faraz discloses: the plurality of narrow portions and the plurality of wide portions have curved edges and rounded corners (pg.78 fig.4-3(b) & pg.79 fig.4-4) motivated by the benefits for preventing sharp corners, which would result in significant current crowding (Faraz pg.77 last 3 lines).
In light of the benefits for preventing sharp corners, which would result in significant current crowding as taught by Faraz, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Najafi et al. with the teachings of Faraz.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAMADOU FAYE whose telephone number is (571)270-0371. The examiner can normally be reached Mon – Fri 9AM-6PM.
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, Uzma Alam can be reached at 571-272-3995. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAMADOU FAYE/Examiner, Art Unit 2884
/UZMA ALAM/Supervisory Patent Examiner, Art Unit 2884
Prosecution Insights