DETAILED ACTION
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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, 3-6, 8-9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication Number 2008/0158283 to Penning (“Penning”), knowledge commonly known in the art as evidenced by US Patent Application Publication Number 2014/0215228 to Choon et al. (“Choon”) and admitted by Applicant to be prior art, and US Patent Application Publication Number 2019/0327099 to Vanich et al. (“Vanich”).
In reference to Claim 1, Penning discloses a system for providing power over Ethernet (PoE) (See Paragraphs 8 and 33), comprising: a network interface device (See Figure 1 Number 105 and Paragraph 31) including: a first power jack (See Figure 3 Number 115 and Paragraphs 34 and 38) configured to establish a first power connection with a power adapter (See Figure 3 Number 390 and Paragraphs 38 and 49); a first data port (See Figure 3 Number 320) and configured to establish a first communication link between the network interface device and a first external device (See Figure 1 Number 110), wherein the first communication link enables an exchange of data and sourcing of power with the first external device (See Paragraphs 30, 47, and 49); a second data port (See Figure 3 Number 315) configured to establish a second communication link between the network interface device and a second external device (See Figure 1 Number 125-1), wherein the second communication link enables an exchange of data with the second external device (See Paragraphs 30 and 47-48); and a first switching circuit communicatively coupled to the first data port and the second external device (See Figure 3 Number 380), wherein the first switching circuit includes a first switch and is configured to control sourcing of power by opening or closing the first switch based on a source of the power (See Figure 3 Number 380 and Paragraph 51), wherein the first switch is closed responsive to power received at the first data port (See Paragraph 56), and wherein the first switch is opened responsive to power received at the first power jack (See Paragraph 56). Penning further discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31), but does not explicitly disclose that the network interface device is a network interface card (NIC). Official Notice is taken the implementing a network switch as a network interface card is well known in the art, as evidenced by Choon (See Figure 3b and Paragraph 39). This has been admitted by Applicant to be prior art. Penning further discloses the use of a combined PoE data and power connection for providing power and data to the second external device (See Paragraphs 47 and 53), but does not explicitly disclose a second power jack configured to establish a second power connection between the network interface device and the second external device, wherein the second power jack is configured to provide power to the second external device. Vanich discloses a PoE network interface device (See Figure 1 Number 120) for receiving a combined PoE data and power connection (See Figure 1 Number 121 and Paragraphs 17 and 19) and providing a second data port (See Figure 1 Number 122) configured to establish a second communication link between the network interface device and a second external device (See Figure 1 Number 125-1), wherein the second communication link enables an exchange of data with the second external device (See Paragraphs 19 and 22); and a second power jack (See Figure 1 Number 123) configured to establish a second power connection between the network interface device and the second external device, wherein the second power jack is configured to provide power to the second external device (See Paragraphs 19 and 21).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning using a well-known network interface card to implement the network switch interface device, and using the separate data interface and power jack of Vanich to connect to the second external device, resulting in the invention of Claim 1, because Penning discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31 of Penning), and the simple substitution of the well-known network switch interface card to implement the network switch interface device of Penning would have yielded the predictable result of allowing the network switch interface device to be easily removable (See Paragraph 39 of Choon), thus allowing for easier modifications and repairs; and in order to yield the predictable result of enabling the second external device to benefit from a PoE supply of data and power even if it is not PoE enabled (See Paragraph 19 of Vanich).
In reference to Claim 3, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the NIC is coupled directly to the first external device and the second external device (See Figure 1), wherein the NIC facilitates the exchange of data and the sourcing of power between the first external device and the second external device (See Paragraphs 30, 47, and 49).
In reference to Claim 4, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the first switch is a ground switch or a power switch (See Figure 3 [a switch is coupled along a power line of PoE supply and a switch is coupled along the ground line of a PoE supply; “ground switch” and “power switch have been interpreted in accordance with Applicant’s disclosure in Figure 5 and Paragraph 43]).
In reference to Claim 5, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the first switching circuit includes a second switch, wherein the first switch is a ground switch and the second switch is a power switch (See Figure 3 [a switch is coupled along a power line of PoE supply and a switch is coupled along the ground line of a PoE supply; “ground switch” and “power switch have been interpreted in accordance with Applicant’s disclosure in Figure 5 and Paragraph 43]).
In reference to Claim 6, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the first external device operates as power sourcing equipment ("PSE") (See Paragraphs 30-31 and 33-34) and the second external device operates as a powered device ("PD"), wherein the NIC is configured to receive power from the first external device and source the power to the second external device (See Paragraphs 30, 47, and 49).
In reference to Claim 8, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the first external device operates as PSE and the NIC operates as a PD (See Paragraphs 30-31 and 33-34), wherein the NIC is configured to receive power from the first external device and source the power to the second external device (See Paragraphs 30, 47, and 49).
In reference to Claim 9, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the NIC further includes: a PSE chipset configured to merge a first DC power signal and a data signal (See Paragraphs 30 and 47-48); and a PD chipset including a DC-to-DC converter configured to convert the voltage from a second DC power signal to a third DC power signal, wherein the second DC power signal voltage is greater than the third DC power signal voltage (See Paragraphs 33 [in order to comply with the PoE standards, a device providing voltage over a PoE interface must initially provide a voltage between 2.7 and 10.1 volts so as to prevent damage to non PoE devices; as a PoE input during normal operation is 44-57 volts and a PoE output during normal operation is 37-57 volts, there must necessarily be a DC-DC converter to convert the voltage of the received PoE power to the lower initially required voltage]).
In reference to Claim 12, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the first data port is associated with a first Ethernet transformer, wherein the first Ethernet transformer is configured to separate data signals and power signals received at the first data port (See Figure 3 Number 335 and Paragraph 47).
In reference to Claim 13, Penning discloses a network interface device (See Figure 1 Number 105 and Paragraph 31) for providing power over Ethernet (PoE) (See Paragraphs 8 and 33), the network interface device comprising: a first power jack (See Figure 3 Number 115 and Paragraphs 34 and 38) configured to establish a first power connection with a power adapter (See Figure 3 Number 390 and Paragraphs 38 and 49); a first data port (See Figure 3 Number 320) and configured to establish a first communication link between the network interface device and a first external device (See Figure 1 Number 110), wherein the first communication link enables an exchange of data and sourcing of power (See Paragraphs 30, 47, and 49); a second data port a second data port (See Figure 3 Number 315) configured to establish a second communication link between the network interface device and a second external device (See Figure 1 Number 125-1), wherein the second communication link enables an exchange of data with the second external device (See Paragraphs 30 and 47-48); a power sourcing equipment (PSE) chipset configured to merge data and power signals (See Paragraphs 30 and 47-48); a powered device (PD) chipset configured to convert the voltage of power received at the first power jack from a first DC power signal voltage to a second DC power signal voltage, wherein the first DC power signal voltage is greater than the second DC power signal voltage (See Paragraph 33 [in order to comply with the PoE standards, a device providing voltage over a PoE interface must initially provide a voltage between 2.7 and 10.1 volts so as to prevent damage to non PoE devices; as a PoE input during normal operation is 44-57 volts and a PoE output during normal operation is 37-57 volts, there must necessarily be a DC-DC converter to convert the voltage of the received PoE power to the lower initially required voltage]); and a first switching circuit configured to control sourcing of power (See Figure 3 Number 380 and Paragraph 51), and wherein, when the first power jack receives power, a first switch of the first switching circuit is opened (See Paragraph 56), and wherein, when the first data port receives power, the first switch of the first switching circuit is closed to source the power received at the first data port to the second external device (See Paragraph 56). Penning further discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31), but does not explicitly disclose that the network interface device is a network interface card (NIC). Official Notice is taken the implementing a network switch as a network interface card is well known in the art, as evidenced by Choon (See Figure 3b and Paragraph 39). This has been admitted by Applicant to be prior art. Penning further discloses the use of a combined PoE data and power connection for providing power and data to the second external device (See Paragraphs 47 and 53), but does not explicitly disclose a second power jack configured to establish a second power connection between the NIC and the second external device, wherein the second power jack is configured to provide power to the second external device. Vanich discloses a PoE network interface device (See Figure 1 Number 120) for receiving a combined PoE data and power connection (See Figure 1 Number 121 and Paragraphs 17 and 19) and providing a second data port (See Figure 1 Number 122) configured to establish a second communication link between the network interface device and a second external device (See Figure 1 Number 125-1), wherein the second communication link enables an exchange of data with the second external device (See Paragraphs 19 and 22); and a second power jack (See Figure 1 Number 123) configured to establish a second power connection between the network interface device and the second external device, wherein the second power jack is configured to provide power to the second external device (See Paragraphs 19 and 21).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning using a well-known network interface card to implement the network switch interface device, and using the separate data interface and power jack of Vanich to connect to the second external device, resulting in the invention of Claim 13, because Penning discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31 of Penning), and the simple substitution of the well-known network switch interface card to implement the network switch interface device of Penning would have yielded the predictable result of allowing the network switch interface device to be easily removable (See Paragraph 39 of Choon), thus allowing for easier modifications and repairs; and in order to yield the predictable result of enabling the second external device to benefit from a PoE supply of data and power even if it is not PoE enabled (See Paragraph 19 of Vanich).
In reference to Claim 15, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 13 above. Penning further discloses that the NIC is configured to operate in a PSE mode or a PD mode (See Paragraphs 30, 47, and 49).
In reference to Claim 16, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 15 above. Penning further discloses that when the NIC operates in a PSE mode, power and data signals are merged via the PSE chipset (See Paragraphs 30 and 47-48) and when the NIC operates in the PD mode, the voltage of power is converted via the PD chipset (See Paragraph 33 [in order to comply with the PoE standards, a device providing voltage over a PoE interface must initially provide a voltage between 2.7 and 10.1 volts so as to prevent damage to non PoE devices; as a PoE input during normal operation is 44-57 volts and a PoE output during normal operation is 37-57 volts, there must necessarily be a DC-DC converter to convert the voltage of the received PoE power to the lower initially required voltage]).
Claim(s) 2, 7, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penning, knowledge commonly known in the art, and Vanich as applied to Claims 1 and 8 above, and further in view of US Patent Application Publication Number 2019/0253268 to Fu et al. (“Fu”).
In reference to Claim 2, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that when the first switch included in the first switching circuit is closed, power is sourced to the second external device via the second power jack (See Paragraph 56); and wherein, when the first switch included in the first switching circuit is open, power is not received from the first external device via the first data port (See Paragraph 56). However, Penning does not explicitly disclose that when the first switch included in the first switching circuit is open, power is sourced to the first external device via the first data port. Fu discloses a bidirectional PoE network interface device, wherein when power is not available from a first power jack, power is sourced via a first data port from a first network device to a second external device (See Paragraphs 74-77); and wherein, when power is available from the first power jack, power is sourced from the first power jack to the first external device via a first data port (See Paragraphs 71-73).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning, knowledge commonly known in the art, and Vanich using the bidirectional PoE capability to both supply and receive power from the first external device based on the availability of power at the first power jack, resulting in the invention of Claim 2, in order to yield the predictable result of providing redundancy in power supply, thus allowing devices to continue operating in the event of a power failure (See Paragraphs 5 and 13 of Fu).
In reference to Claim 7, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning does not explicitly disclose that the first external device operates as a PD and the NIC operates as PSE, wherein the NIC is configured to receive power from the power adapter and source the power to the first external device. Fu discloses a bidirectional PoE network interface device, wherein when power is available from a first power jack, the device operates as a PSE and a first network device operates as a PD, and power is sourced from the first power jack to the first external device via a first data port (See Paragraphs 71-73).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning, knowledge commonly known in the art, and Vanich using the bidirectional PoE capability to both supply and receive power from the first external device based on the availability of power at the first power jack, resulting in the invention of Claim 7, in order to yield the predictable result of providing redundancy in power supply, thus allowing devices to continue operating in the event of a power failure (See Paragraphs 5 and 13 of Fu).
In reference to Claim 10, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 9 above. Penning further discloses that the PD chipset is configured to receive the second DC power signal from the first data port and source the third DC power signal to the second external device via the second power jack (See Paragraphs 30 and 47-48). Penning does not explicitly disclose that the PSE chipset (See Figure 3 Number 303) is configured to receive the first DC power signal from the first power jack, merge the first DC power signal with the data signal as a combined power-data signal, and source the combined power-data signal to the first external device via the first data port. Fu discloses a bidirectional PoE network interface device, wherein a the PSE chipset is configured to receive a first DC power signal from a first power jack (See Paragraphs 38 and 49), merge the first DC power signal with the data signal as a combined power-data signal (See Paragraphs 71-72 [PoE necessarily merges a power signal and a data signal into a combined power-data signal]), and source the combined power-data signal to the first external device via the first data port (See Paragraphs 71).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning, knowledge commonly known in the art, and Vanich using the bidirectional PoE capability to both supply and receive power from the first external device based on the availability of power at the first power jack, resulting in the invention of Claim 10, in order to yield the predictable result of providing redundancy in power supply, thus allowing devices to continue operating in the event of a power failure (See Paragraphs 5 and 13 of Fu).
Claim(s) 11 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penning, knowledge commonly known in the art, and Vanich as applied to Claims 1 and 13 above, and further in view of knowledge commonly known in the art, as evidenced by CTC News Article “Reverse Current Protection” (“CTC”) and admitted by Applicant to be prior art..
In reference to Claim 11, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 1 above. Penning further discloses that the NIC further includes: a diode circuit including a diode switchable between an open state and a closed state based on whether power is present at the first power jack, wherein the first switching circuit and the diode circuit are configured to control sourcing of power based on the source of power (See Figure 3 Number 385 and Paragraph 51), and wherein, when power is present at the first power jack, the first switch is open and the diode is closed (See Paragraph 51); when power is absent at the first power jack and power is present at the first data port, the first switch is closed and the diode is open (See Paragraph 51). However, Penning does not explicitly disclose that the NIC further includes: a second switching circuit including a second switch switchable between an open state and a closed state based on whether power is present at the first power jack, wherein the first switching circuit and the second switching circuit are configured to control sourcing of power based on the source of power, and wherein, when power is present at the first power jack, the first switch is open and the second switch is closed; when power is absent at the first power jack and power is present at the first data port, the first switch is closed and the second switch is open; and when power is absent at the first power jack and power is absent at the first data port, the first switch is open and the second switch is open. Official Notice is taken that using a switching circuit in place of a diode to prevent reverse flow of power is well known in the art, as evidenced by CTC (See Pages 2-3 Section 2). This has been admitted by Applicant to be prior art. Furthermore, there are a finite number of states that the first and second switches can be in – both open, both closed, or one open and one closed. One of ordinary skill in the art would recognize that the particular state of the switch is irrelevant when there is no power supplied from either the first power jack or the first data port, as there is no power available to source or block.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning, knowledge commonly known in the art, and Vanich using a well-known switching circuit in place of the diode circuit, and placing both switches in an open state when power is absent from both the first power jack and the first data port, resulting in the invention of Claim 11, because the simple substitution of a switching circuit in place of a diode to prevent reverse power flow would have yielded the predictable result of providing lower positive conduction voltage and higher allowed current with lower power loss than diodes (See Page 3 Section ‘Back-to-Back MOSFETs’ of CTC); and because one of ordinary skill in the art has good reason to pursue known options from a finite number of options within their technical grasp in an attempt to provide an improved construction of the device of Penning.
In reference to Claim 14, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 13 above. Penning further discloses that the NIC further includes: a diode circuit including a diode switchable between an open state and a closed state based on whether power is present at the first power jack, wherein the first switching circuit and the diode circuit are configured to control sourcing of power based on the source of power (See Figure 3 Number 385 and Paragraph 51), and wherein, when power is present at the first power jack, the first switch is open and the diode is closed (See Paragraph 51); when power is absent at the first power jack and power is present at the first data port, the first switch is closed and the diode is open (See Paragraph 51). However, Penning does not explicitly disclose that the NIC further includes: a second switching circuit including a second switch switchable between an open state and a closed state based on whether power is present at the first power jack, wherein the first switching circuit and the second switching circuit are configured to control sourcing of power based on the source of power, and wherein, when power is present at the first power jack, the first switch is open and the second switch is closed; when power is absent at the first power jack and power is present at the first data port, the first switch is closed and the second switch is open; and when power is absent at the first power jack and power is absent at the first data port, the first switch is open and the second switch is open. Official Notice is taken that using a switching circuit in place of a diode to prevent reverse flow of power is well known in the art, as evidenced by CTC (See Pages 2-3 Section 2). This has been admitted by Applicant to be prior art. Furthermore, there are a finite number of states that the first and second switches can be in – both open, both closed, or one open and one closed. One of ordinary skill in the art would recognize that the particular state of the switch is irrelevant when there is no power supplied from either the first power jack or the first data port, as there is no power available to source or block.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning, knowledge commonly known in the art, and Vanich using a well-known switching circuit in place of the diode circuit, and placing both switches in an open state when power is absent from both the first power jack and the first data port, resulting in the invention of Claim 14, because the simple substitution of a switching circuit in place of a diode to prevent reverse power flow would have yielded the predictable result of providing lower positive conduction voltage and higher allowed current with lower power loss than diodes (See Page 3 Section ‘Back-to-Back MOSFETs’ of CTC); and because one of ordinary skill in the art has good reason to pursue known options from a finite number of options within their technical grasp in an attempt to provide an improved construction of the device of Penning.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penning and knowledge commonly known in the art as evidenced by Choon and admitted by Applicant to be prior art..
In reference to Claim 17, Penning discloses a method for providing power over Ethernet (PoE) (See Paragraphs 8 and 33), comprising: establishing, via a first power jack (See Figure 3 Number 115 and Paragraphs 34 and 38) of a network interface device (See Figure 1 Number 105 and Paragraph 31), a first power connection with a power adapter (See Figure 3 Number 390 and Paragraphs 38 and 49); establishing, via a first data port (See Figure 3 Number 320) of the network interface device, a first communication link between the network interface device and a first external device (See Figure 1 Number 110), wherein the first communication link enables an exchange of data and sourcing of power (See Paragraphs 30, 47, and 49); and controlling, via a first switching circuit (See Figure 3 Number 380) of the network interface device, sourcing of power based on a source of power (See Paragraph 51) by: opening a first switch included in the first switching circuit responsive to power being received at the first power jack to inhibit the power being received at the first power jack from flowing to a PD chipset of the network interface device (See Paragraph 56); and closing the first switch included in the first switching circuit responsive to power being received at the first data port to enable the power being received at the first data port to flow to the PD chipset of the network interface device (See Paragraph 56). Penning further discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31), but does not explicitly disclose that the network interface device is a network interface card (NIC). Official Notice is taken the implementing a network switch as a network interface card is well known in the art, as evidenced by Choon (See Figure 3b and Paragraph 39). This has been admitted by Applicant to be prior art.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning using a well-known network interface card to implement the network switch interface device, resulting in the invention of Claim 17, because Penning discloses that the network interface device can be any type of network device, including a network switch (See Paragraph 31 of Penning), and the simple substitution of the well-known network switch interface card to implement the network switch interface device of Penning would have yielded the predictable result of allowing the network switch interface device to be easily removable (See Paragraph 39 of Choon), thus allowing for easier modifications and repairs.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penning and knowledge commonly known in the art as applied to Claim 17 above, and further in view of Vanich.
In reference to Claim 18, Penning and knowledge commonly known in the art disclose the limitations as applied to Claim 17 above. Penning further discloses establishing, via a combined PoE data and power connection for providing power and data to the second external device, a second power connection between the NIC and a second external device (See Paragraphs 47 and 53); and establishing, via a second data port of the NIC, a second communication link between the NIC and the second external device (See Paragraphs 47 and 53). However, Penning does not explicitly disclose establishing, via a second power jack of the NIC, a second power connection between the NIC and a second external device. Vanich discloses the a PoE network interface device (See Figure 1 Number 120) for receiving a combined PoE data and power connection (See Figure 1 Number 121 and Paragraphs 17 and 19) and establishing, via a second power jack (See Figure 1 Number 123), a second power connection between the network interface device and a second external device (See Paragraphs 19 and 21); and establishing, via a second data port of the network interface device (See Figure 1 Number 122), a second communication link between the network interface device and the second external device (See Paragraphs 19 and 22).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning and knowledge commonly known in the art using the separate data interface and power jack of Vanich to connect to the second external device, resulting in the invention of Claim 18, in order to yield the predictable result of enabling the second external device to benefit from a PoE supply of data and power even if it is not PoE enabled (See Paragraph 19 of Vanich).
In reference to Claim 19, Penning, knowledge commonly known in the art, and Vanich disclose the limitations as applied to Claim 18 above. Penning further discloses receiving, at the first data port of the NIC, a set of signals from the first external device, the set of signals including a power signal and a data signal (See Paragraphs 30, 47, and 49); splitting, via a transformer associated with the first data port, the set of signals into the power signal and the data signal (See Figure 3 Number 335 and Paragraph 47). Vanich further discloses transmitting, via the second power jack of the NIC, the power signal to the second external device (See Paragraphs 19 and 21); and transmitting, via the second data port of the NIC, the data signal to the second external device (See Paragraphs 19 and 22).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penning and knowledge commonly known in the art as applied to Claim 17 above, and further in view of Fu.
In reference to Claim 20, Penning and knowledge commonly known in the art disclose the limitations as applied to Claim 17 above. Penning further discloses receiving, at the first power jack of the NIC, a first power signal from a power adapter (See Figure 3 Number 390 and Paragraphs 38 and 49). However, Penning does not explicitly disclose merging, with a power sourcing equipment (PSE) chipset included in the NIC, the first power signal with a data signal as a combined power-data signal; and transmitting, via the first data port of the NIC, the combined power-data signal to the first external device. Fu discloses a bidirectional PoE network interface device; receiving, at a first power jack of a network interface device, a first power signal from a power adapter (See Paragraph 71); merging, with a power sourcing equipment (PSE) chipset included in the network interface device (See Figure 3 Number 303), the first power signal with a data signal as a combined power-data signal (See Paragraphs 71-72 [PoE necessarily merges a power signal and a data signal into a combined power-data signal]); and transmitting, via a first data port of the network interface device (See Figure 3 Number 311), the combined power-data signal to the first external device (See Paragraphs 71).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to construct the device of Penning and knowledge commonly known in the art, using the bidirectional PoE capability to both supply and receive power from the first external device based on the availability of power at the first power jack, resulting in the invention of Claim 20, in order to yield the predictable result of providing redundancy in power supply, thus allowing devices to continue operating in the event of a power failure (See Paragraphs 5 and 13 of Fu).
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 first switching circuit includes a first switch and is configured to control sourcing of power to the second external device by opening or closing the first switch based on a source of the power, wherein the first switch is closed responsive to power received at the first data port, and wherein the first switch is opened responsive to power received at the first power jack” of Claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures, 5 and 6, which show further details of element 150, clearly shows that the first switching circuit is placed between the first power jack connected to adapter 210 and the second external device 205, and thus does not show that it is configured to control sourcing of power to the second external device by opening or closing the first switch based on a source of the power…wherein the first switch is opened responsive to power received at the first power jack, as opening of the first switch would prevent any power from the first power jack from being provided to the second external device.
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, “a second switching circuit including a second switch switchable between an open state and a closed state based on whether power is present at the first power jack, wherein the first switching circuit and the second switching circuit are configured to control sourcing of power based on the source of power, and wherein, when power is present at the first power jack, the first switch is open and the second switch is closed” of Claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures, 5 and 6, which show further details of element 150, clearly shows that the first switching circuit is placed between the first power jack connected to adapter 210 and the second external device 205, and thus does not show that it is configured to control sourcing of power to the second external device by opening or closing the first switch based on whether power is present at the first power jack … when power is present at the first power jack, the first switch is open and the second switch is closed, as opening of the first switch would prevent any power from the first power jack from being provided to the second external device.
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, “a first switching circuit configured to control sourcing of power, and wherein, when the first power jack receives power, a first switch of the first switching circuit is opened, and wherein, when the first data port receives power, the first switch of the first switching circuit is closed to source the power received at the first data port to the second external device” of Claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures, 5 and 6, which show further details of element 150, clearly shows that the first switching circuit is placed between the first power jack connected to adapter 210 and the second external device 205, and thus does not show that when the first power jack receives power, a first switch of the first switching circuit is opened, as opening of the first switch would prevent any power from the first power jack from being provided to the second external device.
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, “a second switching circuit including a second switch switchable between an open state and a closed state based on whether power is present at the first power jack, wherein when power is present at the first power jack, the first switch is open and the second switch is closed” of Claim 13 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Figures, 5 and 6, which show further details of element 150, clearly shows that the first switching circuit is placed between the first power jack connected to adapter 210 and the second external device 205, and thus does not show that when power is present at the first power jack, the first switch is open and the second switch is closed, as opening of the first switch would prevent any power from the first power jack from being provided to the second external device.
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.
It is noted that the aforementioned drawing objections were raised in the prior Office Action. However, Applicant’s amendments did not involve the limitations at issue, and thus are not sufficient to overcome the objections.
Response to Arguments
Applicant's arguments filed 3 November 2025 have been fully considered but they are not persuasive.
Applicant has argued that Choon does not disclose that the network interface card includes a first power jack, a first data port, a second data port, a second power jack, and a second switching circuit (See Pages 9-10). In response, the Examiner notes that, as an initial matter, Choon was not relied upon directly to disclose a network interface card, but rather was cited as evidence in the taking of Official Notice. Furthermore, it is noted that the rejection was based upon a combination of Penning, knowledge commonly known in the art and evidenced by Choon, and Vanich. As indicated in the above rejections, Penning discloses a network interface device (See Figure 1 Number 105 and Paragraph 31) including: a first power jack (See Figure 3 Number 115 and Paragraphs 34 and 38), a first data port (See Figure 3 Number 320), a second data port (See Figure 3 Number 315), and a first switching circuit (See Figure 3 Number 380), wherein power can be received at the first power jack and the network interface device has PD functionality (See Paragraph 56), and wherein power can be supplied at the second power jack and the network interface device has PSE functionality (See Paragraph 56). Penning further discloses the use of a combined PoE data and power connection for providing power and data to the second external device (See Paragraphs 47 and 53). Vanich discloses a PoE network interface device (See Figure 1 Number 120) providing a second data port (See Figure 1 Number 122) configured to establish a second communication link between the network interface device and a second external device (See Figure 1 Number 125-1) and a second power jack (See Figure 1 Number 123) configured to provide power to the second external device (See Paragraphs 19 and 21). Penning further discloses that such a network interface device can be a network switch (See Paragraph 31). Official Notice was taken the implementing a network switch as a network interface card is well known in the art, as evidenced by Choon (See Figure 3b and Paragraph 39) and admitted by Applicant to be prior art. Thus, in the combination, the elements of the network interface switch of Penning and Vanich, including the first power jack, the first data port, the second data port, the second power jack, and the first switching circuit would be implemented on the network interface card and would provide both PSE functionality and PD functionality. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant has argued that Penning does not disclose a first switching circuit communicatively coupled to the first data port and the second power jack (See Pages 10-11). In response, the Examiner notes that the rejections were based upon a combination of Penning and Vanich. As indicated in the above rejections, Penning discloses a first switching circuit communicatively coupled to the first data port and the second external device (See Figure 3 Number 380) via a combined PoE data and power connection (See Paragraphs 47 and 53); and Vanich discloses a PoE network interface device (See Figure 1 Number 120) for providing a second data port (See Figure 1 Number 122) connected to a second external device (See Figure 1 Number 125-1), and a second power jack (See Figure 1 Number 123) to provide power to the second external device (See Paragraphs 19 and 21). Thus, in the combination of Penning and Vanich, where the combined data and power connection to the second external device is replaced by separate data and power connections, the switching circuit for the power connection of the second device must be connected to the second power jack, and thus Penning and Vanich disclose that the first switching circuit communicatively coupled to the first data port and the second power jack. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant has argued that Penning does not disclose a first Ethernet transformer configured to separate data signals and power signals received at the first data port (See Pages 12-13). In response, the Examiner notes that, as one of ordinary skill in the art would recognize, the impedance matching circuit 335 of Penning is depicted using the standard symbol for a transformer (See Pages 4-6 of “ENT-AN0098 Application Note Magnetics Guide” and Page 22 of “Units & Symbols for Electrical and Electronic Engineers”). One of ordinary skill in the art would further recognize that such a transformer is required by a PoE power receiving device in order to separate the power signal from the data signal (See Page 6 of “ENT-AN0098 Application Note Magnetics Guide” and Page 2 of “How PoE Works How Power Is Provided Over Ethernet Cable” by Lazar Rozenblat). Thus, the impedance matching circuit 335 of Penning is a first Ethernet transformer configured to separate data signals and power signals received at the first data port.
Applicant has Claims 13 and 17 recite similar features to Claim 1 and the arguments presented for Claim 1 are applicable to Claims 13 and 17 (See Pages 13-14). In response, the Examiner notes that Claims 13 and 17 differ in scope from Claim 1, and do not recite all of the features argued for Claim 1. In particular, Claim 13 does not recite at least that the first switching circuit is communicatively coupled to the first data port and the second power jack; and Claim 17 does not recite at least a second power jack and that the first switching circuit is communicatively coupled to the first data port and the second power jack.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
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 THOMAS J CLEARY whose telephone number is (571)272-3624. The examiner can normally be reached Monday-Friday 8AM-5PM.
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 examin