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 .
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, 9, 10, and 12-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 9, 11-14, and 17 of U.S. Patent No. 12,346,069. Although the claims at issue are not identical, they are not patentably distinct from each other because they are broad enough to be anticipated by corresponding claims of ‘069, as presented below.
The following tables comparing independent claims with corresponding limitations annotated by superscript are provided below. The examiner notes that claim 1 of ‘069 has been incorporated into the table of claim 11 due to claim 11 being dependent on claim 1.
Instant claim 1
Claims 1, 8 and 9 of ‘069
A silicon-based atomic clock configured for use in an electronic apparatus, the atomic clock comprising1:
a single-isotope silicon crystal doped with impurity atoms having an energy level transition of the impurity atoms to be used as a frequency resonance of the atomic clock2 and at a doping density configured to have at least some of said impurity atoms neutral and not ionized when excited with a source of energy of said atomic clock3;
a source of energy configured to excite the impurity atoms within the single-isotope silicon crystal4; and
a first magnetic coil surrounding at least a portion of said single-isotope silicon crystal5;
wherein at least one of the following conditions is satisfied6:
a) the first magnetic coil is configured to provide first and second magnetic fields for which a first vector of the first magnetic field is substantially parallel to a second vector of the second magnetic field, the second magnetic field being a static field7, and
b) the atomic clock further comprises a second magnetic coil surrounding at least a portion of said single-isotope silicon crystal, wherein the second magnetic coil is configured to provide said static second magnetic field such that the first vector of the first magnetic field is substantially parallel to the second vector of the second magnetic field8.
A silicon-based atomic clock configured for use in an electronic apparatus, the atomic clock comprising1:
a single-isotope silicon crystal doped with impurity atoms configured to have an energy level transition of the impurity atoms to be used as a frequency resonance of the atomic clock2;
a source of energy configured to excite the impurity atoms within the single-isotope silicon crystal4; and
a device configured to detect the energy level transition of the impurity atoms based at least in part on a spin-dependent recombination in said single-isotope silicon crystal;
wherein the atomic clock further comprises a first magnetic coil surrounding at least a portion of said single-isotope silicon crystal5, wherein the first magnetic coil is configured to provide a first magnetic field to drive a hyperfine resonance of the impurity atoms by generating an initial spin coherence of impurity nuclei within said silicon crystal; wherein at least one of the following conditions is satisfied6:
(i) wherein the first magnetic coil is configured to provide a static second magnetic field, wherein a first vector of the first magnetic field is substantially parallel to a second vector of the second magnetic field7, and (ii) the atomic clock further comprises a second magnetic coil surrounding at least a portion of said silicon crystal, wherein the second magnetic coil is configured to provide said static second magnetic field, wherein the first vector of the first magnetic field is substantially parallel to the second vector of the second magnetic field8,
configured to operate at a substantially room temperature,
wherein at least one of the following conditions is satisfied: (9A) the atomic clock is configured to have at least a portion of said impurity atoms neutral and not ionized3; and (9B) wherein a doping density of said single-isotope silicon crystal with said impurity atoms is in the range from about 5×10.sup.16 cm.sup.−3 to about 5×10.sup.18 cm.sup.−3 to form impurity energy levels in a conduction band of the single-isotope silicon crystal that are no longer discrete but broadened due to impurity pairs and clusters, thereby maintaining a portion of the impurity atoms substantially neutral at room temperature3.
Instant claim 12
Claims 11 and 1 of ‘069
A method comprising: with the use of a silicon-based atomic clock that includes1:
(i) a single-isotope silicon crystal doped with impurity atoms configured to have an energy level transition of the impurity atoms to be used as a frequency resonance of the atomic clock2;
(ii) a source of energy configured to excite the impurity atoms within the single- isotope silicon crystal3;
(iii) a device configured to detect the energy level transition of the impurity atoms based at least in part on a spin-dependent recombination in said single-isotope silicon crystal4; and
(iv) a first magnetic coil surrounding at least a portion of said single-isotope silicon crystal5; and
wherein at least one of the following conditions is satisfied6:
a) the first magnetic coil is configured to provide first and second magnetic fields for which a first vector of the first magnetic field is substantially parallel to a second vector of the second magnetic field, the second magnetic field being a static field7, and
b) the atomic clock further comprises a second magnetic coil surrounding at least a portion of said single-isotope silicon crystal, wherein the second magnetic coil is configured to provide said static second magnetic field such that the first vector of the first magnetic field is substantially parallel to the second vector of the second magnetic field8,
performing the following steps:
exciting an energy level transition in a single-isotope silicon signal doped with impurity atoms under circumstances when a frequency of excitation energy is not resonant with said energy level transition9;
detecting the energy level transition based at least in part on a spin-dependent recombination in said single-isotope silicon crystal10; and
generating a clock signal based upon a detected energy level transition11.
A method, comprising: with the use of the atomic clock according to [claim 1] a silicon-based atomic clock configured for use in an electronic apparatus, the atomic clock comprising1:
a single-isotope silicon crystal doped with impurity atoms configured to have an energy level transition of the impurity atoms to be used as a frequency resonance of the atomic clock2;
a source of energy configured to excite the impurity atoms within the single-isotope silicon crystal3; and
a device configured to detect the energy level transition of the impurity atoms based at least in part on a spin-dependent recombination in said single-isotope silicon crystal4;
wherein the atomic clock further comprises a first magnetic coil surrounding at least a portion of said single-isotope silicon crystal5, wherein the first magnetic coil is configured to provide a first magnetic field to drive a hyperfine resonance of the impurity atoms by generating an initial spin coherence of impurity nuclei within said silicon crystal; wherein at least one of the following conditions is satisfied6:
(i) wherein the first magnetic coil is configured to provide a static second magnetic field, wherein a first vector of the first magnetic field is substantially parallel to a second vector of the second magnetic field7, and
(ii) the atomic clock further comprises a second magnetic coil surrounding at least a portion of said silicon crystal, wherein the second magnetic coil is configured to provide said static second magnetic field, wherein the first vector of the first magnetic field is substantially parallel to the second vector of the second magnetic field8:
exciting an energy level transition in said single-isotope silicon crystal doped with impurity atoms under circumstances when a frequency of excitation energy is not resonant with said energy level transition9, wherein said exciting does not include exciting with the use of light;
detecting the energy level transition based at least in part on a spin-dependent recombination in said single-isotope silicon crystal10; and
generating a clock signal based upon a detected energy level transition11.
With regard to instant claim 9, see claim 8 of ‘069.
With regard to instant claim 10, see claim 9 of ‘069.
With regard to instant claim 13, see claim 12 of ‘069.
With regard to instant claim 14, see claim 13 of ‘069.
With regard to instant claim 15, see claim 14 of ‘069.
With regard to instant claim 16, see claim 11 of ‘069, which includes the “does not include exciting with the use of light” limitation.
With regard to instant claim 17, see claim 17 of ‘069.
Allowable Subject Matter
Claims 2-8, 11, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (i.e. with no Terminal Disclaimer necessary).
Claims 1-18 would be allowable if a timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) is used to overcome an actual or provisional rejection based on nonstatutory double patenting (i.e. with no amending necessary).
The following is a statement of reasons for the indication of allowable subject matter: the most relevant prior art is considered to be Brenneis (DE 102018208102 A1), Itoh (“Isotope engineering of silicon and diamond for quantum computing and sensing applications”), and Mortemousque et al. (“Hyperfine clock transitions of bismuth donors in silicon detected by spin-dependent recombination”), each of which are cited in parent application 18/507,419. However, none of the prior art clearly discloses within the context of the claims “wherein at least one of the following conditions is satisfied: a) the first magnetic coil is configured to provide first and second magnetic fields for which a first vector of the first magnetic field is substantially parallel to a second vector of the second magnetic field, the second magnetic field being a static field, and b) the atomic clock further comprises a second magnetic coil surrounding at least a portion of said single-isotope silicon crystal, wherein the second magnetic coil is configured to provide said static second magnetic field such that the first vector of the first magnetic field is substantially parallel to the second vector of the second magnetic field”. See also paragraph 24 of the office action mailed 1/8/2025 in parent application 18/507,419.
Conclusion
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/RYAN JOHNSON/Primary Examiner, Art Unit 2836
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