Prosecution Insights
Last updated: October 01, 2026
Application No. 19/177,212

VIRTUAL DISTILLATION FOR QUANTUM ERROR MITIGATION

Non-Final OA §DP
Filed
Apr 11, 2025
Priority
Nov 11, 2020 — provisional 63/112,593 +2 more
Examiner
NGUYEN, THIEN DANG
Art Unit
Tech Center
Assignee
Google LLC
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
625 granted / 715 resolved
+27.4% vs TC avg
Moderate +12% lift
Without
With
+11.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
28 currently pending
Career history
734
Total Applications
across all art units

Statute-Specific Performance

§101
18.3%
-21.7% vs TC avg
§103
35.8%
-4.2% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 715 resolved cases

Office Action

§DP
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 . DETAILED ACTION Claims 1-20 are pending in this action. Information Disclosure Statement The information disclosure statement (IDS) was not submitted for consideration. 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 1-18 of U.S. Patent No. 12,282,827. Although the claims at issue are not identical, they are not patentably distinct from each other because Instant Application US 12, 282,827 As per claim 1: A method performed by a system comprising a classical processor and a quantum computer, the method comprising: determining an error-mitigated expectation value of a target observable with respect to a noisy quantum state, obtaining, by the quantum computer, multiple copies of the noisy quantum state; performing, by the quantum computer, measurements on tensor products of two copies of the noisy quantum state to compute an expectation value, wherein the target observable is supported on multiple qubits and comprises one or more tensor products of single-qubit operators, …. with respect to an entangled quantum state, … wherein: the entangled quantum state is given by PNG media_image1.png 56 69 media_image1.png Greyscale with p representing the noisy quantum state, the target observable in non-symmetrized form acts only on a first copy of the noisy quantum state in each tensor product of the two copies of the noisy quantum state, and the cyclic shift operator acts on both copies of the noisy quantum state in each tensor product; and dividing, by the classical processor, the computed expectation value of the product of the target observable in non-symmetrized form and a cyclic shift operator by a normalization factor to determine the error-mitigated expectation value of the target observable with respect to the noisy quantum state. As per claim 1: A method for … by a system comprising a classical processor and a quantum computer, the method comprising: determining an error-mitigated expectation value of a target observable with respect to a noisy quantum state, obtaining, by the quantum computer, multiple copies of the noisy quantum state, performing, by the quantum computer, measurements on tensor products of M copies of the noisy quantum state to compute an expectation value As per claim 11: wherein M≥2 and the target observable acts on two or more qubits, the target observable comprising multiple tensor products of one-qubit operators. with respect to an entangled quantum state,… wherein the entangled quantum state is given by ρ.sup.M/Tr(ρ.sup.M) where ρ represents the noisy quantum state, M≥1, and eigenvalues corresponding to non-dominant eigenvectors of the noisy quantum state in the spectral decomposition of the entangled quantum state are suppressed exponentially in M; dividing, by the classical processor, the computed expectation value of the target observable … As per claim 3: a cyclic shift operator with respect to a tensor product of M copies … to determine the error-mitigated expectation value of the target observable with respect to the noisy quantum state, As per claim 2: The method of claim 1, wherein the noisy quantum state comprises errors resulting from noise on the quantum computer and the error-mitigated expectation value of the target observable with respect to the noisy quantum state approximates an expectation value of the target observable computed by the quantum computer in an absence of the noise and errors on the quantum computer. As per claim 1: Continued … wherein the noisy quantum state comprises stochastic errors resulting from noise on the quantum computer wherein the error-mitigated expectation value of the target observable with respect to the noisy quantum state … approximates an expectation value of the target observable computed by the quantum computer in an absence of the stochastic errors and noise on the quantum computer. As per claim 3: … wherein performing the measurements on the tensor products of the two copies of the noisy quantum state comprises: for each tensor product of single-qubit operators: for each of a first number of measurement repetitions: applying a first diagonalization operator to a tensor product of the two copies of the noisy quantum state to obtain an evolved quantum state, wherein the first diagonalization operator diagonalizes a product of i) the tensor product of one-qubit operators and ii) the cyclic shift operator, and measuring a product of the tensor product of one-qubit operators and the cyclic shift operator with respect to the evolved quantum state to obtain a respective first measurement outcome for the repetition of the first number of repetitions for each qubit in the evolved quantum state. As per claim 3: wherein performing measurements on tensor products of M copies of the noisy quantum state comprises, for each of multiple measurement repetitions, wherein the multiple measurement repetitions comprise K measurement repetitions: applying a diagonalization operator to a tensor product of M copies of the noisy quantum state to obtain an evolved quantum state, wherein the diagonalization operator diagonalizes i) a cyclic shift operator and ii) a product of a symmetrized version of the target observable and the cyclic shift operator, and measuring a product of the target observable and the cyclic shift operator with respect to the evolved quantum state to obtain a respective measurement outcome for the repetition for each qubit in the evolved quantum state. As per claim 7: The method of claim 1, wherein noise experienced by each copy of the noisy quantum state comprises a same form and strength. As per claim 2: The method of claim 1, wherein noise experienced by each copy of the noisy quantum state comprises a same form and strength. As per claim 8: wherein the normalization factor comprises an expectation value of the cyclic shift operator with respect to the tensor product of two copies of the noisy quantum state. As per claim 4: wherein normalizing the expectation value of … the cyclic shift operator with respect to a tensor product of M copies of the noisy quantum state As per claim 9: The method of claim 1, wherein performing measurements on the tensor products of the two copies of the noisy quantum state comprises performing serial measurements. As per claim 10: The method of claim 1, wherein performing measurements on tensor products of M copies of the noisy quantum state comprises performing serial measurements. As per claim 10: wherein the measurements on the tensor products of the two copies of the noisy quantum state exclude ancilla-assisted measurements. As per claim 14: wherein performing measurements on tensor products of M copies of the noisy quantum state … ancilla-assisted measurements. One of ordinary skill in the art would clearly recognize independent claims of current application is an obvious variation of the claimed subject matter of independent claims of patent US 12, 282,827 because both recite a variation of “a method performed by a system comprising a classical processor and a quantum computer, the method comprising: determining an error-mitigated expectation value of a target observable with respect to a noisy quantum state… obtaining, by the quantum computer, multiple copies of the noisy quantum state; performing, by the quantum computer, measurements on tensor products … of the noisy quantum state to compute an expectation value, wherein the target observable is supported on multiple qubits and comprises one or more tensor products of single-qubit operators,….with respect to an entangled quantum state, …wherein: the entangled quantum state is given by …with p representing the noisy quantum state, the target observable in non-symmetrized form acts only on a first copy of the noisy quantum state in each tensor product of the two copies of the noisy quantum state, and the cyclic shift operator acts on both copies of the noisy quantum state in each tensor product; and dividing, by the classical processor, the computed expectation value of the product of the target observable in non-symmetrized form and a cyclic shift operator by a normalization factor …to determine the error-mitigated expectation value of the target observable with respect to the noisy quantum state” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM. 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, Mark Featherstone can be reached at 571-270-3750. 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. /Thien Nguyen/ Primary Examiner, Art Unit 2111
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Prosecution Timeline

Apr 11, 2025
Application Filed
Sep 11, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+11.7%)
2y 0m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 715 resolved cases by this examiner. Grant probability derived from career allowance rate.

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