Command
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 .
Claims 1-20 are pending.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,8, 9 and 15 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Wang1 (US 20220326759 A1).
As to claim 1, Wang teaches a method for dynamically tuning thermal design power (TDP), used for dynamically tuning turbo boost mode operation parameters of a CPU [abstract], the method comprising:
sending, by a controller, a power tuning signal to a BIOS [0035: “the monitor module is configured to determine the adjusted TDP of the processing module based on the difference between the highest temperature of the processing module and the current temperature of the processing module…”] [0036: “the adjustment module is configured to adjust the TDP of the processing module by using a BIOS…”]; and
performing, by the BIOS, a thermal design power setting to tune a real-time operating power of the CPU [0020: “adjusting TDP of the processor includes adjusting the TDP of the processor by using a basic input/output system (BIOS).”] [0007: “the TDP of the processor is increased, so that the power of the processor can exceed the preset TDP”].
As to claim 8, Wang teaches a system for dynamically tuning thermal design power, configured to dynamically tune turbo boost mode operation parameters of a CPU [abstract], the system comprising:
a controller; and
a BIOS, electrically coupled to the controller and the CPU,
wherein the BIOS is configured to perform a thermal design power setting to tune a real-time operating power of the CPU in response to the controller sending a power tuning signal to the BIOS [0035: “the monitor module is configured to determine the adjusted TDP of the processing module based on the difference between the highest temperature of the processing module and the current temperature of the processing module…”] [0036: “the adjustment module is configured to adjust the TDP of the processing module by using a BIOS…”] [0007: “the TDP of the processor is increased, so that the power of the processor can exceed the preset TDP”].
As to claim 9, Wang teaches the system for dynamically tuning thermal design power according to claim 8, further comprising a temperature sensor electrically coupled to the controller, wherein the controller is configured to measure a temperature of an electronic component through the temperature sensor, and send the power tuning signal to the BIOS based on the temperature of the electronic component [0018: “a step of adjusting TDP of the processor further includes determining the adjusted TDP of the processor based on the difference between the highest temperature of the processor and the current temperature of the processor …” Inherently, there is temperature sensor for detecting temperature of the processor.] [0036: “the adjustment module is configured to adjust the TDP of the processing module by using a BIOS…”].
As to claim 15, Wang teaches a non-transitory computer-readable storage medium, storing instructions [0138], the instructions being executed by a controller in response to a CPU is in a turbo boost mode to cause the controller to perform operations comprising:
sending a power tuning signal to a BIOS [0035: “the monitor module is configured to determine the adjusted TDP of the processing module based on the difference between the highest temperature of the processing module and the current temperature of the processing module…”] [0036: “the adjustment module is configured to adjust the TDP of the processing module by using a BIOS…”], and
performing, by the BIOS, a thermal design power (TDP) setting to tune a real-time operating power of the CPU [0020: “adjusting TDP of the processor includes adjusting the TDP of the processor by using a basic input/output system (BIOS).”] [0007: “the TDP of the processor is increased, so that the power of the processor can exceed the preset TDP”].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20220326759 A1) in view of Chiu et al. (hereinafter Chiu) (US 20110131400 A1).
As to claim 7, Wang does not teach wherein the controller is an embedded controller, and is configured to obtain a temperature of an electronic component through a temperature sensor.
Chiu teaches thermal throttling system, wherein the system comprising an embedded controller [FIG. 1: embedded controller] which is configured to obtain a temperature of an electronic component through a temperature sensor [0008: “ a sub BIOS executed by the embedded controller to obtain an upper temperature limit and a lower temperature limit set by the main BIOS, wherein the sub BIOS compares the temperature of the CPU detected by the thermal sensor with the upper temperature limit…”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of utilizing dedicated controller for obtaining temperature reading as suggested in Chiu into Wang to implement temperature control. One having ordinary skill in the art would have been motivated to make such modification to offer real-time, independent monitoring.
As to claim 10, Wang in view of Chiu teaches wherein the controller is an embedded controller, and comprises a temperature reading unit, a comparison unit, and a control unit; the temperature reading unit is configured to measure the temperature of the electronic component through the temperature sensor, the comparison unit is configured to compare a threshold temperature with the temperature of the electronic component, and the control unit is configured to send the power tuning signal to the BIOS [0008: “ a sub BIOS executed by the embedded controller to obtain an upper temperature limit and a lower temperature limit set by the main BIOS, wherein the sub BIOS compares the temperature of the CPU detected by the thermal sensor with the upper temperature limit and sends a system control interrupt (SCI) event to the main BIOS through the embedded controller when the temperature of the CPU is higher than the upper temperature limit…”].
Allowable Subject Matter
Claims 2-6, 11-14 and 16-20 are 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.
Response to Arguments
Applicant's arguments filed on 11/05/2025 with respect to claims 1, 8 and 15 have been fully considered but they are not persuasive.
In the remarks, Applicant argued in substance that Wang fails to teach a claimed feature of sending power tuning signal to BIOS which performs TDP setting to reduce turbo mode operating power While the CPU is operating in turbo mode. In contrast, Wang discloses that sending power signal to increase TDP for higher performance.
The examiner’s respectfully traverses the applicant’s argument. The presented claim does not include a limitation which limits or directs the examiner to interpret the claim to include the feature as applicant asserted. First, the preamble does not define that the CPU is operating in a turbo mode. It merely defines tuning CPU’s turbo mode operation parameter. Second, the limitations of body do not define sending power tuning signal to BIOS to reduce turbo mode operating parameters. It merely defines sending power tuning signal to BIOS to adjust (increase/decrease) an operating power (not turbo mode operating power) of the CPU. Therefore, Wang teaches the claimed subject matters with the reasons as recited in the rejections of claims 1, 8 and 15 above. In additional, Wang also further discloses reducing operating power of the CPU when the operating power closes or equal to the TDP [0127].
Conclusion
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 XUXING CHEN whose telephone number is (571)270-3486. The examiner can normally be reached M-F 9-5:30PM.
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/XUXING CHEN/Primary Examiner, Art Unit 2176
1 Wang was cited as a prior art in the last office action mailed on 08/12/2025.