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 .
Specification
The disclosure is objected to because of the following informalities: the specification recites “wherein the thermoelectric cooler is designed to evaluate power consumption” (par. 0010, 0022 of the publication), with no description of how an electrical component (thermoelectric cooler) is capable of performing an evaluation or measuring power consumption.
Appropriate correction is required.
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.
Claim 7 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 7 recites “wherein the thermoelectric cooler is designed to evaluate power consumption”. However, there is no description of how an electronic component (thermoelectric cooler) itself is capable of evaluating power consumption. Measuring and evaluation would have to be performed by a controller/processor or other logic circuitry and sensors, and not by a component that converts electricity into heat.
The specification does not provide an adequate support for the aforementioned limitations. After considering all of the Wands factors (and specifically, that there is no adequate direction provided by the inventor/applicant, no existence of the working examples (as per the current record), and that there is low predictability of the claimed functions in the relevant arts), the Office has concluded that the quantity of experimentation needed to make or use the claimed invention based on the content of the instant disclosure will be high and undue to a person of the ordinary skill, and therefore, such a person will not be able to make and use the claimed invention without resorting to undue experimentation. See In re Wands, 858 F.2d 731, 8 USPQ2d 1400 (Fed. Cir. 1988); In re Brown, 477 F.2d 946, 177 USPQ 691 (CCPA 1973), and In re Ghiron, 442 F.2d 985, 169 USPQ 723 (CCPA 1971)”.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 7 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.
Claim 7 recites “wherein the thermoelectric cooler is designed to evaluate power consumption”, which renders the claim indefinite because it is unclear how a thermoelectric cooler can perform the intended use.
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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghandour (US 20170261712 A1) in view of Chen (US 20180041282 A1).
As to claim 1, Ghandour discloses: A
a housing 10;
a circuit board 42 disposed in the housing, the circuit board comprising a
a thermoelectric cooler 20 disposed in the housing (see par. 0022, optoelectronic interface 30, optoelectronic transducer 40 and components are enclosed in housing 10), the thermoelectric cooler having a first side 24a and a second side 24b located at opposite sides, the first side being in contact (at least indirectly, thermal contact) with the circuit board (24a disposed on optical transducer 40; see Fig. 6; par. 0029) , the second side being in contact (at least indirectly, thermal contact) with the housing (side 24b faces away from transducer 40, circuit board 42, and outward toward enclosing housing 10);
wherein one of the first side and the second side is a cold side and the other one of the first side and the second side is a hot side (see par. 0024, 0029).
Ghandour does not explicitly disclose:
wherein the module is a loopback module, and
the circuit is a loopback circuit.
However, Chen discloses:
providing an optical module with a loopback circuit (see Abstract, par. 0014, 0017-0018);
in order to route a modulated optical signal and/or enable calibration of the optical module (see Abstract, par. 0014, 0017-0018).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ghandour as suggested by Chen, e.g., providing:
wherein the module is a loopback module (e.g., an optical module with a loopback circuit), and
the circuit is a loopback circuit;
in order to route a modulated optical signal and/or enable calibration of the optical module.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
As to claim 7 (as best understood), Ghandour in view of Chen discloses:
wherein .
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghandour (US 20170261712 A1) in view of Chen (US 20180041282 A1) as applied to claim 1 above, and further in view of Meir (WO 0169694 A1).
As to claim 2, Ghandour in view of Chen discloses:
wherein: the microcontroller is coupled to the thermoelectric cooler (par. 0032-0033; Ghandour); and
the thermoelectric cooler driver is coupled to the thermoelectric cooler and the microcontroller (par. 0032-0033; Ghandour);
and maintaining the temperature of the circuit board between a minimum and maximum temperature in order to achieve an optimal life span (par. 0032-0033; Ghandour).
Ghandour in view of Chen does not explicitly disclose:
wherein when the present temperature of the circuit board is lower than or equal to a temperature threshold, the microcontroller controls the thermoelectric cooler driver to periodically convert the first side into one of the cold side and the hot side and periodically convert the second side into the other one of the cold side and the hot side until the present temperature automatically reaches dynamic balance.
However, Meir discloses:
wherein when the present temperature of the circuit board is lower than or equal to a temperature threshold (sensed temperature of the computer is below an input minimum; p. 11, lines 19-25), the microcontroller 140 controls the thermoelectric cooler driver 136, 138 to periodically convert the first side into one of the cold side and the hot side and periodically convert the second side into the other one of the cold side and the hot side (pumping heat in the opposite direction) until the present temperature automatically reaches dynamic balance (e.g., until above the minimum/maximum temperature; p. 11, lines 12-18);
in order to heat the circuit board when below the minimum temperature threshold (p. 11, lines 19-25).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ghandour and Chen as suggested by Meir, e.g., providing:
wherein when the present temperature of the circuit board is lower than or equal to a temperature threshold, the microcontroller controls the thermoelectric cooler driver to periodically convert the first side into one of the cold side and the hot side and periodically convert the second side into the other one of the cold side and the hot side until the present temperature automatically reaches dynamic balance;
in order to heat the circuit board when below the minimum temperature threshold and/or maintain the temperature of the circuit board between a minimum and maximum temperature in order to achieve an optimal life span.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
As to claim 3, Ghandour in view of Chen and Meir discloses:
wherein when the present temperature of the circuit board is higher than the temperature threshold, the microcontroller controls the thermoelectric cooler driver to retain the first side as the cold side and retain the second side as the hot side (see par. 0029-0033; Ghandour).
As to claim 4, Ghandour in view of Chen and Meir discloses:
wherein the temperature sensor 62 is configured to monitor the present temperature of the circuit board (par. 0033; Ghandour).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghandour (US 20170261712 A1) in view of Chen (US 20180041282 A1) as applied to claim 1 above, and further in view of Huang (US 20220317394 A1).
As to claim 5, Ghandour in view of Chen does not explicitly disclose:
wherein the housing comprises a top cover and a bottom cover, and the second side of the thermoelectric cooler is in contact with one of the top cover or the bottom cover.
However, Huang discloses:
wherein the housing 10 (Fig. 1-2) comprises a top cover 12 and a bottom cover 11, and the second side (top side) of the thermoelectric cooler 60 is in contact (directly or indirectly, par. 0017-0018) with one of the top cover 12 or the bottom cover;
in order to dissipate heat to the housing (par. 0019).
It would have been obvious to one of ordinary skill in the related art(s) before the effective filing date of the claimed invention to modify the device of Ghandour and Chen as suggested by Huang, e.g., providing:
wherein the housing comprises a top cover and a bottom cover, and the second side of the thermoelectric cooler is in contact with one of the top cover or the bottom cover;
in order to dissipate heat to the housing.
Additionally, all claimed elements were known in the prior art and one skilled in the art could have combined/modified the elements as claimed by known methods with no change in their respective functions, and the combination/modification would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention. See KSR International Co. v. Teleflex Inc., 550 U.S.___, 82 USPQ2d 1385 (2007).
As to claim 6, Ghandour in view of Chen and Huang discloses:
wherein the second side of the thermoelectric cooler serves as a heat dissipation surface (see “hot side” par. 0029; Ghandour; see par. 0017-0019; Huang).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang (US 20230171018 A1), Ma (US 20220418080 A1), and Eskandari (US 5522225 A) disclose conventional thermoelectric cooler arrangements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R CRUM whose telephone number is (571)270-7665. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at (571) 272-3740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB R CRUM/ Primary Examiner, Art Unit 2835