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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 lines 6-37 and Fig. 4 are not properly described in the application as filed because the elements claimed that are neither shown as numbered elements in figure 4 nor are they disclosed in the specification clearly or well-enough for one of ordinary skill in the art to effectively create the claimed invention.
Claims 1 & 6 require an inject circuit and a sinewave oscillator. Neither circuit is labeled in Fig. 4, the only figure provided that has not been labeled as prior art. In the specification, in paragraph 42 it states that “the monitor 34 comprises a sinewave oscillator 16 for injecting a sinusoidal signal via a capacitor 18.” In the specification, in paragraph 55 it states that the “inject circuit is adapted for flowing an oscillating current between first and second terminals.” In paragraph 57 it states that “the sinewave oscillator is coupled to the inject circuit, it drives the oscillating current, which flows through the load.” What is the inject circuit? There is no number associated with this specific element provided in the specification or the drawings to clearly identify it in the circuits disclosed. Also, the specification appears to indicate that the sinusoidal oscillator and the inject circuit are the same thing in paragraph 42 but also indicate that they are separate elements in paragraphs 55 & 57. Which is it and what is it? Is it one element with two tasks as disclosed in paragraph 42 or is it two distinct elements as worded in the claim and paragraphs 55 & 57? What element is it in the figures? Clarification is required.
Claims 1 & 6 require a “boost circuit.” There is no “boost circuit” identified in the drawings or the specification with an associated number in the figures. Examiner cannot identify the necessary “boost circuit” without proper identification. In paragraph 65 describing embodiment 2, the boost circuit is disclosed as “a blocking inductor, and optionally, a bypass resistor” while in paragraphs 68, 86, & 92 describing embodiments , 7, & 12, respectively, it is disclosed as “a transformer having a secondary winding connected between the first terminal of the electric generator and the first terminal of the power supply.” Fig. 4 only possibly depicts embodiment 2. Where are the other embodiments presented in the figures with proper labeling? Where else in the specification is the boost circuit described? The claims and specification disclose only that the circuit is “adapted for” generating an oscillating signal.” Is that not what the “sinewave oscillator” is supposed to do? Clarification is required.
Claims 1 & 6 require a “source conductor.” In the only figure not identified as prior art, Fig. 4, there is no “source conductor” depicted. Paragraphs 58, 61, & 72 disclose the need for a “source conductor, but it is not depicted in Fig. 4 with an appropriate label and only described as being an element in some embodiments in the specification without any further explanation other than it is present. Examiner cannot identify a “source conductor” in Fig. 4. The only place where the “source conductors” are disclosed in the applicant’s own admitted prior art figures 1 through 3. Is applicant trying to claim admitted prior art?
Claims 1 & 6 require a “current sensor.” In the only figure not identified as prior art, Fig. 4, the “current sensor” depicted as element 21 does not depict the necessary primary and secondary coils of a transformer. It also requires that the current sensor be “adapted for generating a first alternating signal indicative of the oscillating current.” Is it necessary for the current sensor to generate “a first alternating signal indicative of the oscillating current?”
Claims 1 & 6 require a “transformer.” In the only figure not identified as prior art, Fig. 4, there is no transformer depicted. Examiner cannot identify a transformer in that figure. The only place where the transformers are disclosed in the applicant’s own admitted prior art figures 1 through 3. Is applicant trying to claim admitted prior art? The specification lists 14 different embodiments with no applicable figures addressing the transformer that are not applicant admitted prior art. Further, embodiments 3, 7 & 12 require this transformer but there are no drawings provided that depict those embodiments with all other necessary elements properly labeled. One of ordinary skill in the art would not be able to recreate the claimed invention without an undue burden of trial and error. Where is the necessary transformer supposed to be located? How is it supposed to be connected in light of the above listed written description problems? Clarification is required.
Claims 1 & 6 require a “micro-controller.” It also requires that the micro-controller be “coupled to the first alternating signal, the second alternating signal, and the third alternating signal.” How is the micro-controller, a physical device connected to a signal of unknown form? The claim implies a physical connection between a physical device and an amorphous signal that can be a radio frequency in space, and electrical signal on a wire or a light beam in fiber optical elements. Clarification is required.
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 1-11 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.
The term “high voltage” in claims 1 & 6 is a relative term which renders the claim indefinite. The term “high voltage” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. What is considered “high voltage?” Is it 1 volt? Is it 100 volts? Is it 10,000 volts? Depending on the system being used, all of these can be considered high voltage. Clarification is required.
Claims 1 & 6 recite the limitation "first and second terminals" in line 6. There is insufficient antecedent basis for this limitation in the claim. What first and second terminals are being addressed? Is it the first terminal of the generator or the power supply? What is the second terminal? Is the second terminal to the generator or the power supply? There is no prior mention of a “second termina.” It is therefore unknown what one is being referenced.
Claim 1 recites the limitation “first and second terminals” in lines 11-12. Which terminals are being referenced? Do the “first and second terminals” belong to the power supply or do they belong to the electric generator? Clarification is required.
Claim 1 recites the limitation “first and second terminals” in lines 15-16. Which terminals are being referenced? Do the “first and second terminals” belong to the power supply, the electric generator, or do they belong to the inject circuit? Clarification is required.
Regarding claims 1 & 6, the phrase “adapted for” renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure. However, examples of claim language, although not exhaustive, that may raise a question as to the limiting effect of the language in a claim are:
(A) "adapted to" or "adapted for" clauses;
(B) "wherein" clauses; and
(C) "whereby" clauses.
The determination of whether each of these clauses is a limitation in a claim depends on the specific facts of the case. In the instant application, it is not clear that all of the devices that are adapted for specific tasks necessarily have to perform those said tasks because the drawings and specification do not adequately disclose the devices of the inject circuit, the boost circuit, the sinewave oscillator, and micro-controller. If the device is not clearly disclosed, how can its functionality be accurately determined? See MPEP 2111. 04 I. Clarification is required.
Claims 2 & 7 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.
Claims 2 & 7 require “a coupling capacitor having one lead connected to the first terminal of the power supply; the sinewave oscillator has a first terminal connected to another lead of the coupling capacitor” and “the blocking inductor is connected between the first terminal of the electric generator and the coupling capacitor.” If the coupling capacitor is first disclosed as having one lead, how does it get another lead? Further, which of the apparently two or more leads is the blocking inductor connected to? Clarification is required.
Claims 4 & 9 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.
Claims 4 & 9 require “a quadratic demodulator configured to generate four output signals” but does not explicitly disclose what those four signals are. The claim requires the following:
the magnitude of the first alternating signal multiplied by the cosine of the phase of the first alternating signal relative to the third alternating signal,
the magnitude of the first alternating signal multiplied by the sinus of the phase of the first alternating signal relative to the third alternating signal,
the magnitude of the second alternating signal multiplied by the cosine of the phase of the second alternating signal relative to the third alternating signal, and
the magnitude of the second alternating signal multiplied by the sinus of the phase of the second alternating signal relative to the third alternating signal.
None of the above listed magnitudes are complete phrases or sentences. The list above only lists a magnitude multiplied by another relative to a third. Is each of those supposed to be a signal? What is the form of the final signal in each of the four required instances? Clarification is required.
Claims 1-11 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
The disclosure is objected to under 37 CFR 1.71, as being so incomprehensible as to preclude a reasonable search of the prior art by the examiner. For example, the following items are not understood:
What specific terminals are connected to each listed element and how?
What exactly is the inject circuit?
What exactly is the boost circuit?
What is the precise structure and function of the sinewave oscillator given the contradictions listed above?
What figures define the invention of Applicant given three out of four drawings are applicant admitted prior art?
What are the 14 different embodiments and where are they depicted given only 4 figures, three of which are prior art?
Applicant is required to submit an amendment which clarifies the disclosure so that the examiner may make a proper comparison of the invention with the prior art.
Applicant should be careful not to introduce any new matter into the disclosure (i.e., matter which is not supported by the disclosure as originally filed).
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 “inject circuit,” the “boost circuit,” the “sinewave oscillator, ” “the source conductor,” and all necessary terminals and circuit elements, the must be shown in the figure not labeled as prior art or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show the “inject circuit,” the “boost circuit,” the “sinewave oscillator, ” “the source conductor,” and all necessary terminals and circuit elements as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are: the “inject circuit,” the “boost circuit,” the “sinewave oscillator, ” “the source conductor,” and all necessary terminals and circuit elements listed in the 112 rejections above.
Claim Interpretation
The claims are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Given the number of 112(a) & 112(b) rejections listed above, Examiner cannot clearly define the metes and bounds of the claims and therefore cannot perform an effective search. For this reason, no art is being applied.
Regarding Independent claim 1,
A power supply capable of monitoring the impedance or capacitance of a load connected to the power supply,
the power supply including:
a first terminal connectable to the load,
an electric generator adapted for generating a direct current (DC) high-voltage between first and second terminals, wherein the first terminal of the electric generator is connected to the first terminal of the power supply and the second terminal of the electric generator is connected to the ground, and
a monitor,
the monitor comprising:
a inject circuit adapted for flowing an oscillating current between first and second terminals, wherein the first terminal of the inject circuit is connected to the first terminal of the power supply and the second terminal of the inject circuit is connected to the ground or to a second terminal of the power supply;
a boost circuit adapted for generating an oscillating voltage between first and second terminals, wherein the first terminal of the boost circuit is connected to the first terminal of the electric generator and the second terminal of the boost circuit is connected to the first terminal of the power supply;
a sinewave oscillator adapted for generating a sinusoidal voltage at a predetermined frequency, wherein the sinewave oscillator has a terminal that is coupled to one of the inject circuit and the boost circuit;
a current sensor adapted for generating a first alternating signal indicative of the oscillating current;
wherein the current sensor includes a transformer having:
a primary coil in series between the boost circuit and the first terminal of the power supply and
a secondary coil connected to an input of an inverting or non-inverting operational amplifier,
a voltage sensor adapted for generating a second alternating signal indicative of the oscillating voltage;
a source conductor adapted for transmitting a third alternating signal indicative of the sinusoidal voltage; and
a micro-controller coupled to the first alternating signal, the second alternating signal, and the third alternating signal,
wherein the micro-controller is adapted for computing the impedance or capacitance of the load by using digital data derived from the first alternating signal, the second alternating signal, and the third alternating signal.
Regarding claim 2,
The power supply of claim 1, wherein: the inject circuit includes a coupling capacitor having one lead connected to the first terminal of the power supply; the sinewave oscillator has a first terminal connected to another lead of the coupling capacitor and a second terminal connected to the ground or to the second terminal of the power supply, the boost circuit includes a blocking inductor; and the blocking inductor is connected between the first terminal of the electric generator and the coupling capacitor.
Regarding claim 3,
The power supply of claim 1, further comprising an analog demodulator having inputs coupled to the current sensor, the voltage sensor, and the source conductor, the analog demodulator having outputs coupled to the micro-controller, the analog demodulator being configured to analogically demodulate the first alternating signal and the second alternating signal relative to the third alternating signal.
Regarding claim 4,
The power supply of claim 3 wherein the analog demodulator includes a quadratic demodulator configured to generate four output signals: the magnitude of the first alternating signal multiplied by the cosine of the phase of the first alternating signal relative to the third alternating signal, the magnitude of the first alternating signal multiplied by the sinus of the phase of the first alternating signal relative to the third alternating signal, the magnitude of the second alternating signal multiplied by the cosine of the phase of the second alternating signal relative to the third alternating signal, and the magnitude of the second alternating signal multiplied by the sinus of the phase of the second alternating signal relative to the third alternating signal.
Regarding claim 5,
The power supply of claim 1, wherein the voltage sensor includes: a lowpass or bandpass filter connected to the first terminal of the power supply and to the ground, and an inverting or non-inverting operational amplifier having an input connected to the lowpass or bandpass filter.
Regarding Independent claim 6,
A method of monitoring the impedance or capacitance of a load connected to a power supply, the power supply including a first terminal connectable to the load, and an electric generator adapted for generating a direct current (DC) high-voltage between first and second terminals, wherein the first terminal of the electric generator is connected to the first terminal of the power supply and the second terminal of the electric generator is connected to the ground, the method comprising: providing the power supply with a monitor; and causing the monitor to display or store digital data indicative of the impedance or capacitance of the load; wherein the monitor includes: a inject circuit adapted for flowing an oscillating current between first and second terminals, wherein the first terminal of the inject circuit is connected to the first terminal of the power supply and the second terminal of the inject circuit is connected to the ground or to a second terminal of the power supply; a boost circuit adapted for generating an oscillating voltage between first and second terminals, wherein the first terminal of the boost circuit is connected to the first terminal of the electric generator and the second terminal of the boost circuit is connected to the first terminal of the power supply; a sinewave oscillator adapted for generating a sinusoidal voltage at a predetermined frequency, wherein the sinewave oscillator has a terminal that is coupled to one of the inject circuit and the boost circuit; a current sensor adapted for generating a first alternating signal indicative of the oscillating current; wherein the current sensor includes a transformer having: a primary coil in series between the boost circuit and the first terminal of the power supply and a secondary coil connected to an input of an inverting or non-inverting operational amplifier, a voltage sensor adapted for generating a second alternating signal indicative of the oscillating voltage; a source conductor adapted for transmitting a third alternating signal indicative of the sinusoidal voltage; and a micro-controller coupled to the first alternating signal, the second alternating signal, and the third alternating signal, wherein the micro-controller is adapted for computing the impedance or capacitance of the load by using digital data derived from the first alternating signal, the second alternating signal, and the third alternating signal.
Regarding claim 7,
The method of claim 6, wherein: the inject circuit includes a coupling capacitor having one lead connected to the first terminal of the power supply; the sinewave oscillator has a first terminal connected to another lead of the coupling capacitor and a second terminal connected to the ground or to the second terminal of the power supply, the boost circuit includes a blocking inductor; and the blocking inductor is connected between the first terminal of the electric generator and the coupling capacitor.
Regarding claim 8,
The method of claim 6, further comprising an analog demodulator having inputs coupled to the current sensor, the voltage sensor, and the source conductor, the analog demodulator having outputs coupled to the micro-controller, the analog demodulator being configured to analogically demodulate the first alternating signal and the second alternating signal relative to the third alternating signal.
Regarding claim 9,
The method of claim 8 wherein the analog demodulator includes a quadratic demodulator configured to generate four output signals: the magnitude of the first alternating signal multiplied by the cosine of the phase of the first alternating signal relative to the third alternating signal, the magnitude of the first alternating signal multiplied by the sinus of the phase of the first alternating signal relative to the third alternating signal, the magnitude of the second alternating signal multiplied by the cosine of the phase of the second alternating signal relative to the third alternating signal, and the magnitude of the second alternating signal multiplied by the sinus of the phase of the second alternating signal relative to the third alternating signal.
Regarding claim 10,
The method of claim 6, wherein the voltage sensor includes a lowpass or bandpass filter connected to the first terminal of the power supply and to the ground, and an inverting or non-inverting operational amplifier having an input connected to the lowpass or bandpass filter.
Regarding claim 11,
The method of claim 6, wherein the load is a Coulomb-type electrostatic chuck, the method further comprising clamping a semiconductor or liquid crystal panel by applying a direct current (DC) high-voltage to the chuck with the power supply.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art listed but not cited represents the best applicable art given the understanding of the claims as presented.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P MCANDREW whose telephone number is (469)295-9025. The examiner can normally be reached Monday-Thursday 6-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lee Rodak can be reached on 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER P MCANDREW/Primary Examiner, Art Unit 2858