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 .
Response to Arguments
Applicant’s arguments regarding the prior art are unpersuasive. While there may have been a copy and paste error in citation for the “generating results…” step, the cited portions clearly disclose independent results from individual execution units that are then compared (see at least paragraphs 0009 and 0022, and throughout). The cited portions regarding the “monitoring…” step also sufficiently teach the monitoring separately as the error detection routines are run independently on all execution units). As to Applicant’s arguments regarding the use of the token, the claim language is simply written broadly enough to encompass the teachings of Laudon. Further, the Applicant appears to argue that the claimed token causes a decider to block a result, but the specification appears to indicate on page 9, that the token causes a decider to activate, rather than block, a result similar to the teachings of Laudon. These arguments are not persuasive. The amendments have addressed some of the 112(b) rejections, but other issues remain. The 112(f)/112(b) rejection has not been adequately addressed.
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.
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: channels and downstream decider/ decider, monitoring function in claims 1-10. The terms “connected downstream” do not provide sufficient structure to perform the recited function.
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.
Claims 1-10 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.
As to claim 6, It is still unclear to which decider “ the decider” refers.
As to claim 7, there is lack of antecedent basis in the claims for “the decider to which the monitoring function is connected.” It is unclear to which monitoring function, the monitoring function refers” and to which deciders, “the deciders” refers.
Claim limitations “channels and downstream decider/ decider, monitoring function” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is insufficient structure recited in the specification for performing the functions of these limitations. The specification merely refers to hardware/software implementations. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
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(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, 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 and clearly links them to the function 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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4, 5, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiberle (US 20090217092 A1) in view of Laudon (US 6108301 A).
As to claim 1, Weiberle teaches a method for operating a safety-critical computer system for processing a calculation task(see paragraph 0010, 0022, and Fig.1-4)) and , the method comprising the following steps:
generating results for the calculation task by a plurality of channels independently of one another (see figs 1-4 and accompanying text, disclosing results generated by individual execution units);
monitoring a health status of each individual channel of the channels separately (see paragraph 0037-0038, disclosing comparing results of the two execution units and if there is a discrepancy, running error detection routines on all execution units);
wherein a decider of a plurality of deciders for enabling or blocking output of the results is connected downstream of each of the channels(see figs 1-4, disclosing comparators and interruption/enabling units), and depending on the health status of the channels, enabling at most one of the channels for output of the results (see paragraphs 0040-0041m disclosing shutting down one of the units that is determined to be faulty)
Wiebler does not explicitly teach wherein it is ensured using a token that output of the results is blocked for all other channels of the channels.
However, Laudon teaches using a token to activate a redundant unit while disabling another one (see summary and col. 6, lines 45-63)
It would have been obvious, before the effective filing date, to a person of ordinary skill in the art to which said subject matter pertains to combine Weiberle with the tokens of Laudon because it avoids the need for complex circuitry for redundant communication links (see col. 2, lines 1-9).
As to claim 2, the references teach claim * as detailed above. They further teach the token is always assigned to only one decider of the deciders (see figs. of Weiberle for interrupt enabling circuits and see and, when a health status of one of the channels to which a respective one of the deciders is connected is impaired, the token is assigned to another one of the deciders, wherein the assignment is initiated one of the deciders that is in possession of the token deciders (see figs. of Weiberle for interrupt enabling circuits and see col. 6 and summary of Laudon for use of a token that is passed between communication units to determine which one is active).
As to claim 4, the references teach claim 2 as detailed above. They further teach the token is periodically assigned to one of the other deciders (see Laudon col 5 bottom to col 6, top) . . . disclosing sending the token after predetermined times).
As to claim 5, the references teach claim 1 as detailed above. They further teach the computer system has a first channel and a second channel, wherein a first decider is connected downstream of the first channel and a second decider is connected downstream of the second channel (see Weiberle figs. 2-4, disclosing interrupt/enable circuits).
As to claim 8, the references teach claim 1 as detailed above. They further teach the event of all channels are detected as faulty, no results are output (see paragraphs 0031 and 0040 of Weiberle).
As to claim 9, it is rejected on grounds corresponding to above rejected claim 1 as they are substantially equivalent.
Conclusion
No prior art was found with which it would be appropriate to reject claims 3, 6, 7, and 10 as currently understood by the examiner.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON B BRYAN whose telephone number is (571)270-7091. The examiner can normally be reached Mon-Fri, 8-5 First Friday off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ashish Thomas can be reached at 5712720631. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON B BRYAN/Primary Examiner, Art Unit 2114