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 of Group I and Embodiment I corresponding to claims 1-9 and 21-22 is acknowledged (It is noted that the 8/11/2025 Restriction improperly indicated Group I as comprising claims 1-3 and 5-9 however the correct grouping from Group I are Claims 1-9 and 21-22).
Claims 10-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected claims, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/14/2025.
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.
Claimed first, second, third, fourth, fifth and sixth transistors not properly and clearly labeled as such. *It is noted that the claims attempt to claim the structure of the interconnections by way “configured to…” language directed at the respective transistors making it crucial to understand what transistor is being referenced in regard to the plurality of transistors disclosed (see FIGURE 4). Since the crux of the invention is directed to the particular “configuration” of the individual transistors disclosed as well as the coupling/interconnection of said respective transistors, it is imperative for a complete and proper understanding of the invention to know what transistor is being referenced.
“Control circuitry” not explicitly shown as claimed. Furthermore there is no embodiment of a single control circuitry noting the functionality must be assigned to the specific respective one of the plurality of controllers as taught.
Means for “device” is not clearly identified in the Figures.
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.
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.
Claim limitation(s):
device
have 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.
However, the written description fails to 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.
Claim 2-9 and 21-22 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 claim 2
There is lack of proper antecedent basis for the claim limitation “the control circuitry” since “a control circuitry” is not previously positively recited. It is noted that the previous recitation of “control circuitry” does not provide antecedent basis as the claim is directed to the configuration of the transistor and fails to positively recite “a control circuity” is presented stated” “a gate configured to receive a voltage from control circuitry”.
Furthermore, the limitation directed at how a voltage “is used” fails to add structure to the apparatus claim. Instead, once a control circuitry is introduced, claim limitations as such should be directed at “the control circuitry configured to… sense the output voltage and determine if the third transistor has crossed a short circuit desaturation threshold” (or the like).
Regarding Claim 3
The limitation directed at how the voltage “is used” fails to add structure to the apparatus claim and should be directed to the configuration of the control circuitry, “the control circuitry further configured to…”.
Regarding Claim 21
The disclosure fails to provide adequate support for the claim term “device” to support means for claim construction as it is unclear what said claimed “device” is referring to as the Specification and Figures fail to state as such.
Either 112 means for support must be provided for said term or said “device” claimed in terms of the electrical circuitry that comprises said “device”. Furthermore it is noted that applicant is only given protection to the circuitry invented and disclosed and is not entitled to all present and future circuitry envisioned as said “device”. An attempt to do as much will result in 112 first paragraph scope of enablement issues.
It is unclear what structure is intended by the claimed “configuration” in light of no structure being provide in the claim resulting in an inappropriately narrative claim.
Lack of antecedent basis or improper/incomplete English “coupled between gate and source”.
Regarding Claim 22
Because said second transistor is not labeled it is unclear what transistor is being referenced. Second, it is unclear how said resistor would be used to achieved the claimed narrative operation of claim 21. If such a narrative operation is desired to be claimed it should be clearly linked to the structure such as… “a resistor coupled between the gate and the source of the third transistor for protecting the gate of the second transistor from improper bias”.
Regarding Claim 6
The claim limitations directed to the desired narrative result of the “configuration” fails to provide structure to the apparatus claim as it is unclear what is intended because no structure is recited. The structure of the “configuration” must be provided in order to understand what structure is intended to be added.
Regarding Claim 7
The claim limitations of “in response to… the apparatus is configured to” is inappropriately narrative and fails to add structure to the claim. The intended structure must be stated in order for the claim to be both compressible and germane to patentability for the apparatus claim.
Regarding Claims 8-9
The claim limitations “the apparatus is configured to…” improperly attempts to define the apparatus narratively by the overall operation of the device instead of by way of the structure of the invented apparatus.
Because of the great deal of confusion and uncertainty as to the proper interpretation of the limitations of the claim(s) 2-9 and 21-22, 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).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bourguine US 2024/0136424.
Bourguine teaches:
1. An apparatus comprising:
a first transistor (T2204, FIG25) implemented using Gallium Nitride (GaN) (see Specification @ [0124] noting that all of the device (ie 400) is enviosned as formed on a GaN structure, see FIGs 1 and 4), the first transistor having:
a drain configured to receive an input voltage from a power supply (VDD);
a gate configured to receive a voltage from control circuitry; and
a source;
a second transistor (401) implemented using GaN, the second transistor having:
a drain coupled to the source of the first transistor;
a gate coupled to a current source (current source noted @ [0340] noting that all circuitry of FIG25 including said current source mentioned @ [0340] are coupled together to form a complete and operative circuit albeit through intermediate circuit components); and
a source configured to provide an output voltage based on a voltage at the source of the first transistor (read on by the gate of 2nd transistor controlled via source of 1st transistor, see FIG25); and
a third transistor (T2205) implemented using GaN, the third transistor having:
a drain coupled to the source of the first transistor and the drain of the second transistor;
a gate; and
a source configured to be coupled to ground (ie SGND).
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.
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, 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