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 .
Election/Restrictions
Applicant's election with traverse of Claims 138-157 in the reply filed on 9/17/2025 is acknowledged. Applicant’s arguments are moot given the great deal of confusion and lack of consistency and clarity between the FIGURES themselves and the claims. Applicant’s main argument is that the claims stand alone to solely FIGURE 36 however FIGURE 36 fails to provide enabling support for the claims nor is it clear where said support and which FIGURES said support would be drawn from.
The requirement is still deemed proper and is therefore made FINAL.
Rule 105 - Request for Information
Applicant and the assignee of this application are required under 37 CFR 1.105 to provide the following information that the examiner has determined is reasonably necessary to the examination of this application.
In view of Applicant’s Figures which comprise mere block diagrams for the component(s) listed below, it appears Applicant intends for said components to comprise what is conventional and known in the art (see MPEP 608.02(d)) however applicant has failed to provide an adequate disclosure and description of said components, nor has applicant used conventional terminology for said components making the components unknown.
Therefore, Applicant is required to provide further background information on their invention, particularly for the following components of:
Multiterminal power switching device; and
A differential switched-mode self-synchronous power amplifier/rectifier.
including:
Component name as used in the art and as used by the manufacturer;
Component manufacturer; and
Component specification data sheet(s).
as well as a detailed summary of the improvements associated with the invention and any technical information known to applicant concerning the related art particularly for said components listed above.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following details must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Detailed circuit diagram of the “differential switched-mode self-synchronous power amplifier/rectifier”. The crux of the invention is that of the “Multiterminal Power switching Device” means disclosed only in Claim 156 as a “differential switched-mode self-synchronous power amplifier/rectifier” and depicted in the Figures as a mere block diagram (See FIGURE 36).
The following claimed are not presently shown and must be shown for clarity:
At least one DC terminal (none labeled);
At least one AC terminal (none labeled); and
At least one control terminal (none labeled).
It is unclear how FIGURE 36 is connected or ties in with any other Figures.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the following details as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d).
FIGURE 36 must distinguish between data and power signals, commonly done using dashed lines for data connections and solid lines for power connections.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification fails to provide enabling support for the claimed “Multiterminal power switching device”.
The specification fails to provide enabling support for the claimed “differential switched-mode self-synchronous power amplifier/rectifier” (Claim 156).
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Regarding Claims 138-155 and 157
Claim limitation(s):
“multiterminal power switching device”
has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim(s) limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, the claim(s) have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Claim 156 states that the multiterminal power switching device comprises a “differential switched-mode self-synchronous power amplifier/rectifier” however a “differential switched-mode self-synchronous power amplifier/rectifier” is not a particular or known component in the art. The “means for” device was described as a nominally claimed component which itself has no particular or known structure which is insufficient support to support means for claim construction.
Therefore, the written description fails to properly and sufficiently disclose the corresponding structure, material, or acts for the claimed function.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 138-157 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 138-155 and 157
The disclosure fails to provide enabling and sufficient support for the means for claim limitation “multimeter power switching device” which is depicted in the Figures as a mere block diagram (See 810, FIG36) and provided with contradicting structure ranging from a simply mechanical relay switches to that of a “differential switched-mode self-synchronous power amplifier/rectifier” which is not a known circuit in the art as expected. The disclosure goes on to provide a piecemeal list of discrete components however said components listed are not sufficient to desired claimed function of amplifying and rectifying:
Suitable MPS devices 810 include, but are not limited to, mechanical relay switches, solid state switches, electro-optical switches (also referred to as opto-switches, thyristors, waveguide switches, transistors (including for example MOSFET, MESFET, Group Ill-V semiconductor transistor devices, and BJT devices), and power tube devices, including for example triodes and pentodes. [see 0413].
Regarding Claim 156
The claim limitation “a differential switched-mode self-synchronous power amplifier/rectifier” is not a known or particular circuit in the art nor does the claim provide any structure to support to add to the claim making the claim unintelligible.
Regarding Claims 138 and 157
It is unclear what structure is intended by “bidirectionally communicating”. “Communicating” is a term used for data and not power. The block diagram of said MPS device is a mere block diagram which fails to distinguish between any power and communication signals. Furthermore the claim is directed to narrative description of the MPS and “communicating” is not the same operation as power transfer. If “communicating” is directed to data, it should be shown as such in the FIGURE. If “communicating” is power transfer, is should be described as such in the claim.
Regarding Claims 138, 140-147, 149, 151, 152, and 157
The following claims are generally narrative and indefinite, failing to conform to current U.S. practice, because the language of the claim does not provide the necessary clarity and precision required thereby making the scope of the invention sought to be patented undeterminable from the language of the claim with any reasonable degree of certainty. The claim generally recites what the apparatus does, without requisite structure to perform said claimed operation.
Particularly, the following limitations are unclear:
In light of “multiterminal power switching device” disclosure in the specification disclosing discreet components insufficient to perform the claimed functions (See Spec. [0413]) and Claim 156 providing an unknown and therefore nominal circuit “differential switch-mode self-synchronous power amplifier/rectifier”, the following resulting claims result in mere nominal placeholder elements without any structure followed by a narrative description of the desired operation as follows:
138. A bidirectional power transfer system comprising: a multiterminal power switching device (“means for” claim term with no structure provided in the claim and insufficient disclosure of what said structure comprises the limitation) comprising at least one DC terminal, at least one AC terminal, and at least one control terminal, the multiterminal power switching device adjustable between an amplifying condition and a rectifying condition, and arranged for: bidirectionally communicating via the at least one DC terminal a DC voltage and a DC current, and bidirectionally communicating via the at least one AC terminal a power signal having an amplitude, a frequency, and a phase…” (emphasis added on the narrative claim limitations)
140. The bidirectional power transfer system of claim 138, further comprising a tuning network in wired data communication with the controller and in wired electrical communication with the power switching device via the at least one AC terminal, wherein the tuning network is arranged for adjusting under instruction from the controller the power signal to a tuned power signal. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
141. The bidirectional power transfer system of claim 140, further comprising an amplitude/frequency/phase detector in wired data communication with the controller and in wired electrical communication with the tuning network wherein the amplitude/frequency/phase detector is arranged to determine an amplitude, a frequency and a phase of any power signal communicated between the tuning network and an AC load/source external to the bidirectional power transfer system. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
142. The bidirectional power transfer system of claim 141, wherein the phase, frequency, and duty cycle adjustment circuit is arranged to adjust the oscillating signal based on measurement information received from the amplitude/frequency/phase detector one of directly and via the controller. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
143. The bidirectional power transfer system of claim 141, wherein the tuning network comprises a voltage-current tuner for adjusting a phase difference between a voltage and a current of the tuned power signal based on measurement data from the amplitude/frequency/phase detector when the power switching device is in the amplifying condition.
144. The bidirectional power transfer system of claim 141, further comprising in wired data communication with the controller and in wired electrical communication between the power switching device and a DC power source/load external to the bidirectional power transfer system a power management circuit arranged for impedance matching the power switching device and the external DC power source/load and for adjusting DC power communicated between the power switching device and the DC power source/load based on measurement information received from the amplitude/frequency/phase detector one of directly and via the controller. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
145. The bidirectional power transfer system of claim 144, further comprising in wired data communication with the controller a voltage/current-detector disposed to determine a DC voltage and DC current passed between the power switching device and the power management circuit.
146. The bidirectional power transfer system of claim 145, wherein the phase, frequency, and duty cycle adjustment circuit is arranged to adjust the oscillating signal based on a feedback signal received from the voltage/current-detector one of directly and via the controller. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
147. The bidirectional power transfer system of claim 145, further comprising a memory in wired data communication with the controller, with the amplitude/frequency/phase detector, and with the voltage/current detector wherein the memory is arranged to receive and store data received from the two detectors and to provide data communication from the two detectors to the controller. (Structure of said “arrangement” not provided making the claim narrative noting that said unknown “arrangement” attempts to inappropriately distinguish the invention over the prior art by how the device operates rather than the structure of the undisclosed “arrangement”).
149. The bidirectional power transfer system of claim 140, comprising a modulator configured for modulating information onto at least one of the power signal and the DC voltage.
151. The bidirectional power transfer system of claim 141, wherein the AC load/source external to the bidirectional power transfer system comprises a transmitter-receiver resonator configured for: resonating at the frequency of the power signal; and for bimodal transferring of power.
152. The bidirectional power transfer system of claim 138, wherein bidirectional power transfer system is configured for modulating at least one of digital and analog information onto at least one of the DC voltage, the power signal, and a harmonic of the power signal. (Inappropriate narrative description of the overall function of the overall system without any corresponding structure).
157. A bidirectional power transfer system comprising: a multiterminal power switching device (“means for” claim term with no structure provided in the claim and insufficient disclosure of what said structure comprises the limitation) comprising at least one DC terminal, at least one AC terminal, and at least one control terminal, the multiterminal power switching device adjustable between an amplifying condition and a rectifying condition, and arranged for: bidirectionally communicating via the at least one DC terminal a DC voltage and a DC current, and bidirectionally communicating via the at least one AC terminal a power signal having an amplitude, a frequency, and a phase; a controller arranged for: establishing at the at least one control terminal of the power switching device an oscillating signal having the frequency and the phase of the power signal, and for adjusting the power switching device between the amplifying condition and the rectifying condition by adjusting the phase of the oscillating signal; an amplitude/frequency/phase detector in wired data communication with the controller and in wired electrical communication with the power switching device wherein the amplitude/frequency/phase detector is arranged to determine an amplitude, a frequency and a phase of any power signal communicated between the power switching device and a utility AC power grid external to the bidirectional power transfer system; and a phase, frequency, and duty cycle adjustment circuit in wired data communication with the controller and in wired electrical communication with the power switching device via the at least one control terminal.
The narrative language of the claims further fails to provide a clear-cut indication of the scope of the subject matter embraced by the claim as required by MPEP 2173.05(g), and is thus indefinite. The above functional language purports to define the invention by reciting a function or result achieved by the invention, thereby making the boundaries of the claim scope ambiguous and unclear. The Examiner acknowledges that an apparatus may be claimed via positively recited structure and/or through use of functional language however said function must be tied to identifiable structure/component in order for said otherwise narrative language to functionally limit said structure (see MPEP 2114), else the claim simply becomes a narrative recitation of the desired function/result achieved of the device, as with the present case. As such, it is noted per MPEP 2114 that an apparatus must be distinguished from the prior art in terms of structure rather than function noting that apparatus claims cover what a device is, not what a device does (see MPEP 2114).
First, the structure of the “multiterminal power switching device” and “differential switched-mode self-synchronous power amplifier/rectifier” must be shown in enabling circuit details with sufficient structure to perform the claimed narrative operations (ie rectifying condition and amplifying condition as well as bidirectional communication of DC and AC. Second, the structure of the various “arrangements” and configurations disclosed as they current read narratively and “arranged” and “configured” to provide the desired claimed narrative operation of the device without sufficient corresponding structural support.
Because of the great deal of confusion and uncertainty as to the proper interpretation of the limitations of the claim(s), it is not proper to reject the present claim(s) on the basis of prior art. (See MPEP 2173.06 and In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CAVALLARI whose telephone number is (571)272-8541. The examiner can normally be reached Mon-Fri 0900-18:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rexford Barnie can be reached at (571)272-7492. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836