Notice of Pre-AIA or AIA Status
1.The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claims 1, 11, 14, 16 and 18 objected to because of the following informalities:
Claim 1, line 18, “maintain diffraction limited performance” should be ---maintain the diffraction limited performance--
Claim 1, line 17-18, “a desired temperature” should be – the desired temperature—
Claim 1, line 26, “the output signal from PID controller” should be—an output signal from PID controller—
Claim 1, line 26, “regulate the voltage across the heater and controls the power” should be—regulate a voltage across the heater and control power--
Claim 11, line 6, “apressure proximate” should be – a pressure—
Claim 11, line 17, “diffraction limited performance” should be --- the diffraction limited performance--
Claim 14, line 5, “diffraction limited performance” should be --- the diffraction limited performance—
Claim 16, line 20, “the controller” should be – a controller--Claim 18, line 5, “diffraction limited performance” should be --- the diffraction limited performance--
Appropriate correction is required.
Claim Interpretation
3. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first temperature sensing device in claim 1, 11, 14, 16, 18 and a second temperature sensing device in claim 1, 11, 14, 16,18, pressure sensing device in claims 1, 11, 15, 16.
First temperature sensing device is interpretated based on 112(f) as thermistor according to para [0028] of the specification
Second temperature sensing device is interpretated based on 112(f) as temperature sensor or sensors according to para [0030] of the specification
Pressure sensing device is interpretated based on 112(f) as pressure sensor based on para [0031] of specification,
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
4.Claims 1, 4-11, 14-16, 18 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.
Claim 1, line 23-24 recites “wherein the controller includes a proportional/integral controller (PID controller) comprising an input and output.” It is unclear the limitation means “an input and an output” or “an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as “wherein the controller includes a proportional/integral controller (PID controller) comprising an input and an output” based on Fig. 3 of current application.
Claim 1, line 25 recites “a linear power supply comprising an input and output,” It is unclear the limitation means “an input and an output” or “an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as a linear power supply comprising an input and an output,” based on Fig. 3 of current application.
Claim 4-10 are rejected for the same reason because they depend on claim 1.
Claim 11, line 23-24, recites “the controller includes a proportional/integral controller (PID controller) comprising an input and output.” It is unclear the limitation means “ an input and an output” or “ an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as “wherein the controller includes a proportional/integral controller (PID controller) comprising an input and an output” based on Fig. 3 of current application.
Claim 11, line 25 -26 recites “a linear power supply comprising an input and output,” It is unclear the limitation means “an input and an output” or “ an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as a linear power supply comprising an input and an output,” based on Fig. 3 of current application.
Claims 14-15 are rejected for the same reason because they depend on claim 11.
Claim 16, line 22 recites “the controller includes a proportional/integral controller (PID controller) comprising an input and output.” It is unclear the limitation means “ an input and an output” or “ an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as “wherein the controller includes a proportional/integral controller (PID controller) comprising an input and an output” based on Fig. 3 of current application.
Claim 16, line 23-24 recites “a linear power supply comprising an input and output,” It is unclear the limitation means “ an input and an output” or “ an input and output” with one terminal served as both input and output. For examination purpose, the claim has been interpretated as a linear power supply comprising an input and an output,” based on Fig. 3 of current application.
Claims 18 is rejected for the same reason because it depends on claim 16.
Allowable Subject Matter
5. Claims 1,4-11, 14-16, 18 would be allowed in pending overcoming the above 112(b) rejection and objections.
With regard to claim 1,11 and 16, Rinse(US20200409135A1) teaches a low F-number precision variable-focus telescope ( e.g. 100, Fig. 1)comprising:
a telescope housing (e.g., 110, Fig. 1, and Fig. 2) comprising an interior and an exterior (see Fig. 2, interior and exterior of 110), wherein the telescope housing interior contains an optical element ( e.g., 120, Fig. 2),
a heater (e.g., 140, Fig. 2) coupled directly or indirectly to the telescope housing (e.g., 110, Fig. 2);
a first temperature sensing device (This item is interpretated based on 112(f) as thermistor according to para [0028] of the specification, e.g., 150, Fig. 3A, [0031] By way of example, the temperature-sensing device 150 may comprise a thermistor ) to detect a temperature of the telescope housing([0031]; The temperature-sensing device 150 measures the temperature of the telescope 100. Which includes the telescope housing)
a controller ( PID controller, Fig. 3B [0034]in operative communication with the first temperature-sensing device ( temperature measurement is input to PID controller[0035])
wherein the controller regulates the heater to maintain the telescope housing at a desired temperature to maintain diffraction limited performance ([0034] Referring to FIG. 3B, the output of the PID controller 310 feeds the input to a switching power supply 330. By way of example, the switching power supply may be a “buck” (step-down), “boost,” “buck-boost,” “isolated,” or “non-isolated” switching power supply. This switching power supply 330 regulates the voltage across the electric film heater 140 that applies the heat energy to the heat spreader 130 thereby, maintaining the telescope 100 at a desired temperature to achieve diffraction-limited performance). in response to signals from the first temperature-sensing device (temperature measurement is input to PID controller[0035])
the controller includes a proportional/integral controller (PID controller) comprising an input and output; and
a linear power supply comprising an input and output, wherein the input of the linear power supply receives the output signal from the PID controller; wherein the linear power supply output regulates the voltage across the heater and controls the power applied to the heater to maintain the telescope at the desired temperature.[0035] he output of the PID controller 310 feeds the input to a linear power supply 360. This linear power supply 360 regulates the voltage across the electric film heater 140 and controls the power applied by the electric film heater 140, maintaining the telescope 100 at a desired temperature to achieve diffraction-limited performance.
Dawson (US 2014/0340522 A1) teaches wherein the optical element in the telescope housing is associated with an F-number, and wherein the F-number is less than or equal to 2 (the objective lens 902 has a 120° (2.09 rad) field of view, and each pixel in the camera's image sensor arrays is about 8.5 μm across and has an iFOV of 0.2 mrad (40 arcseconds). The lens has an F number of about 1.7.)
Belenkii ( US 20060085129A1) teaches a pressure sensing device to detect pressure proximate the telescope housing (This item is interpretated based on 112(f) as pressure sensor based on para [0031] of specification, according claim 3 & para [0007] of Belenkii, pressure sensor is used to correct variation in the measurement performed by telescope); a controller]in operative communication the pressure sensing device ( claim 3 of Belenkii, processor is also programmed to utilize information from said temperature and pressure sensors to correct for variations caused by changing temperature and pressure.); the controller regulates the heater to maintain the telescope housing at a desired temperature to maintain diffraction limited performance in response to signals from the first temperature-sensing device and the pressure sensing device ([0093] the temperature and pressure are preferably used to correct the stellar position measurements for atmospheric refraction. For elevation angles (greater than 10 degrees), the atmospheric refraction is a function only of the local index of refraction which can be predicted accurately knowing only the wavelength of light, and the temperature and pressure. [0035] of Rines teaches regulates the heater to maintain the telescope housing at a desired temperature to maintain diffraction limited ( optical performance) and Belenkii teaches about temperature and pressure are used to control the optical performance ( refraction). The combination of Rines and Belenkii teaches the limitation).
However, the prior art of record fails to teach a summation device in operative communication with the first temperature sensing device, the second temperature sensing device, and the pressure sensing device, wherein the summation device is in operative communication with the controller; in combination with other limitations of claim.
Regarding to claims 4-10, 14-15, 18, they depend on claim s, 1, 11 and 16.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Powers (US11521063B1) teaches about applying weighted input including temperature and pressure to a summer to optimize a correction/correlation.
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/PINPING SUN/Supervisory Patent Examiner, Art Unit 2872
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