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 1-2, 4, 8-10 and 15-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 8-10 and 15-18 of U.S. Patent No. 10337932. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In claim 1, the application claims a system, comprising: an interface configured to communicate with a device under test (DUT), wherein the DUT includes a first temperature sensing circuit; and a testing apparatus configured to: store one or more control values that are based on one or more test calibration values from one or more temperature sensing circuits included in respective control devices, different from the DUT; generate a calibration value for the temperature sensing circuit; generate a probability value based on the calibration value and the one or more control values, wherein the probability value corresponds to a likelihood that the calibration value satisfies a particular level of accuracy; in response to a determination that the probability value fails to satisfy a threshold probability value, regenerate the calibration value; and in response to a determination that the probability value satisfies the threshold probability value, calibrate, using the calibration value, the first temperature sensing circuit already claimed in claim 1 of the patent.
In claim 2, the application claims wherein the one or more control values includes: at least one known good control value included in a known good device of the respective control devices; and at least one known bad control value included in a known bad device of the respective control devices already claimed in claim 2 of the patent.
In claim 4, the application claims wherein to calculate the probability value, the testing apparatus is configured to determine a test value that is based on the calibration value already claimed in claim 1 of the patent.
In claim 8, the application claims a method comprising: establishing, by a testing apparatus, a plurality of control values based a plurality of test calibration values for a first plurality of temperature sensing circuits included in respective ones of a plurality of control devices; generating, by the testing apparatus, a calibration value for a particular temperature sensing circuit that is included on a device under test (DUT); generating, by the testing apparatus, a probability value based on the calibration value and the plurality of control values, wherein the probability value corresponds to a likelihood that the calibration value is accurate based on a threshold probability value; and in response to determining that the probability value satisfies the threshold probability value, calibrating, by the testing apparatus utilizing the calibration value, the particular temperature sensing circuit already claimed in claim 8 of the patent.
In claim 9, the application claims wherein a first control device of the plurality of control devices includes a plurality of known good calibration values and a second control device of the plurality of control devices includes a plurality of known bad calibration values already claimed in claim 9 of the patent.
In claim 10, the application claims generating the probability value using at least one of the plurality of known good calibration values and at least one of the plurality of known bad calibration values already claimed in claim 10 of the patent.
In claim 15, the application claims a non-transitory, computer-accessible storage medium having program instructions stored therein that, in response to execution by a computer system, causes the computer system to perform operations comprising: storing a plurality of control values that are based on a plurality of test calibration values for a plurality of temperature sensing circuits included in respective ones of a plurality of control devices; generating a calibration value for a particular temperature sensing circuit on a device under test (DUT); calculating a probability value based on the calibration value and the plurality of control values, wherein the probability value corresponds to a likelihood that the calibration value satisfies a particular level of accuracy; regenerating the calibration value in response to determining that the probability value fails to satisfy a threshold probability value; and in response to determining that the probability value satisfies the threshold probability value, calibrating, using the calibration value, the particular temperature sensing circuit included in the DUT already claimed in claim 15 of the patent.
In claim 16, the application claims the non-transitory, computer-accessible storage medium of claim 15, wherein a first control device of the plurality of control devices includes a plurality of known good calibration values and a second control device of the plurality of control devices includes a plurality of known bad calibration values already claimed in claim 16 of the patent.
In claim 17, the application claims the non-transitory, computer-accessible storage medium of claim 15, wherein the plurality of control values are determined based on a logistic regression probability model already claimed in claim 17 of the patent.
In claim 18, the application claims the non-transitory, computer-accessible storage medium of claim 15, wherein the operations further comprise calculating the probability value based on a sigmoid function already claimed in claim 18 of the patent.
Claims 1-2 and 4-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 15-20 of U.S. Patent No. 11703400. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In claim 1, the application claims a system, comprising: an interface configured to communicate with a device under test (DUT), wherein the DUT includes a first temperature sensing circuit; and a testing apparatus configured to: store one or more control values that are based on one or more test calibration values from one or more temperature sensing circuits included in respective control devices, different from the DUT; generate a calibration value for the temperature sensing circuit; generate a probability value based on the calibration value and the one or more control values, wherein the probability value corresponds to a likelihood that the calibration value satisfies a particular level of accuracy; in response to a determination that the probability value fails to satisfy a threshold probability value, regenerate the calibration value; and in response to a determination that the probability value satisfies the threshold probability value, calibrate, using the calibration value, the first temperature sensing circuit already claimed in claim 1 of the patent.
In claim 2, the application claims wherein the one or more control values includes: at least one known good control value included in a known good device of the respective control devices; and at least one known bad control value included in a known bad device of the respective control devices already claimed in claims 2 and 3 of the patent.
In claim 4, the application claims wherein to calculate the probability value, the testing apparatus is configured to determine a test value that is based on the calibration value already claimed in claim 4 of the patent.
In claim 5, the application claims wherein to calculate the probability value, the testing apparatus is further configured to compare the test value to at least one of the one or more of control values already claimed in claim 5 of the patent.
In claim 6, the application claims wherein the testing apparatus is further configured to, in response to the determination that the probability value fails to reach the threshold probability value: regenerate the probability value using the regenerated calibration value; and increment a count value already claimed in claim 6 of the patent.
In claim 7, the application claims wherein the testing apparatus is further configured to reject the DUT in response to a determination that the count value reaches a threshold count value already claimed in claim 7 of the patent.
In claim 8, the application claims a method comprising: establishing, by a testing apparatus, a plurality of control values based a plurality of test calibration values for a first plurality of temperature sensing circuits included in respective ones of a plurality of control devices; generating, by the testing apparatus, a calibration value for a particular temperature sensing circuit that is included on a device under test (DUT); generating, by the testing apparatus, a probability value based on the calibration value and the plurality of control values, wherein the probability value corresponds to a likelihood that the calibration value is accurate based on a threshold probability value; and in response to determining that the probability value satisfies the threshold probability value, calibrating, by the testing apparatus utilizing the calibration value, the particular temperature sensing circuit already claimed in claim 8 of the patent.
In claim 9, the application claims wherein a first control device of the plurality of control devices includes a plurality of known good calibration values and a second control device of the plurality of control devices includes a plurality of known bad calibration values already claimed in claim 9 of the patent.
In claim 10, the application claims generating the probability value using at least one of the plurality of known good calibration values and at least one of the plurality of known bad calibration values already claimed in claims 9 and 10 of the patent.
In claim 11, the application claims comprising: generating, by the testing apparatus for a different temperature sensing circuit on a different DUT, a different probability value that is based on a different calibration value; and in response to determining that the different probability value fails to reach the threshold probability value: regenerating the different calibration value; regenerating the different probability value using the regenerated different calibration value; and incrementing a count value already claimed in claim 10 of the patent.
In claim 12, the application claims comprising rejecting the different DUT in response to determining that the count value reaches a threshold count value already claimed in claim 11 of the patent.
In claims 13 the application claims using the plurality of control values to determine a test equation; and generating the probability value using the test equation, and the calibration value already claimed in claim 11 of the patent.
In claim 14. The method of claim 13, wherein the test equation is a sigmoid function already claimed in claim 11 of the patent.
In claim 15, the application claims a non-transitory, computer-accessible storage medium having program instructions stored therein that, in response to execution by a computer system, causes the computer system to perform operations comprising: storing a plurality of control values that are based on a plurality of test calibration values for a plurality of temperature sensing circuits included in respective ones of a plurality of control devices; generating a calibration value for a particular temperature sensing circuit on a device under test (DUT); calculating a probability value based on the calibration value and the plurality of control values, wherein the probability value corresponds to a likelihood that the calibration value satisfies a particular level of accuracy; regenerating the calibration value in response to determining that the probability value fails to satisfy a threshold probability value; and in response to determining that the probability value satisfies the threshold probability value, calibrating, using the calibration value, the particular temperature sensing circuit included in the DUT already claimed in claim 15 of the patent.
In claim 16, the application claims wherein a first control device of the plurality of control devices includes a plurality of known good calibration values and a second control device of the plurality of control devices includes a plurality of known bad calibration values already claimed in claim 16 of the patent.
In claim 17, the application claims wherein the plurality of control values are determined based on a logistic regression probability model already claimed in claim 17 of the patent.
In claim 18, the application claims wherein the operations further comprise calculating the probability value based on a sigmoid function already claimed in claim 18 of the patent.
In claim 19, the application claims wherein the operations further comprise, in response to determining that the probability value fails to reach the threshold probability value: regenerating the probability value using the regenerated calibration value; and incrementing a count value already claimed in claim 19 of the patent.
In claim 20, the application claims wherein the operations further comprise rejecting the DUT in response to determining that the count value reaches a threshold count value already claimed in claim 20 of the patent.
Allowable Subject Matter
Claim 3 is 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure..
Bienek et al. (US 7180380) directed to an integrated circuit includes a first temperature sensing device providing an indication of a sensed temperature, a correlation oscillator circuit positioned adjacent to the first temperature sensing device, a plurality of other oscillator circuits, and storage locations storing calibration factors associated with at least the first temperature sensing device and the plurality of other oscillator circuits. A temperature calculation circuit determines temperatures of various locations in the integrated circuit. Each of the temperatures is determined according to an oscillation frequency of a respective one of the other oscillators, the oscillation frequency of the correlation ring oscillator, the temperature of the first temperature sensing device, and one or more stored calibration factors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANICE M SOTO whose telephone number is (571)270-7707. The examiner can normally be reached M-F 8:00am-4:00pm.
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, John Breene can be reached at 571-272-4107. 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.
/JANICE M SOTO/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855