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 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 13 is 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 13 includes the term (n(t)). This term is not defined in the claim. It is unclear what the scope of this term is or how it is manipulated.
Claim Rejections - 35 USC § 102
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.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 and 10-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fresa (US 11,631,138).
Consider claim 1, Fresa discloses a profit-optimization engine for a miner executing hash functions, the engine comprising: a power tuner adapted to interface with the miner, the power tuner configured for acquiring information indicating the real-time power consumption of the miner; and a controller configured to adjust a rate of executing hash functions (HR), and, wherein the controller is further configured to receive instructions from a Site Optimization Processor (SOP), wherein, in a multi-mining optimizer (MultiMineOpt) configuration, the SOP is utilized as a host computer configured to control a plurality of optimization engines via a grid, the plurality of optimization engines including the optimization engine, and wherein the SOP utilizes the optimization engine to monitor power levels of a plurality of miners, the plurality of miners including the miner (background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses a miner that optimizes for profit by tuning voltage and frequencies. This can be performed by using chip configuration profiles. This is done to achieve an ideal hashrate. Further, Fig. 1, Col. 5 lines 36-50, Col. 8 lines 30-31 and Col. 9 lines 29-31 discloses that the computing devices (hosts) are used to manage and control the operation of cryptocurrency mining machines and interacts with dynamic tuning firmware. There are a plurality of cryptocurrency mining machines which each contain a plurality of mining chips and each mining chip can be considered a miner. The dynamic tuning firmware effectively and efficiently controls and manages the operations of the mining chips and various functions of each mining machine.).
Consider claim 2, Fresa discloses the engine of claim 1, further comprises: a thermal frontend electronics (FEE) adapted to interface with the miner; and wherein the controller is further configured to utilize the FEE to acquire a status of the miner’s thermal condition and activate a cooling system of the miner (background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses sensors for monitoring the temperature and activating cooling system when needed.).
Consider claim 3, Fresa discloses the engine of claim 2, wherein the miner is a cryptocurrency miner, and wherein the engine is further configured to control the miner (background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses cryptocurrency mining.).
Consider claim 4, Fresa discloses the engine of claim 2, further comprises: an Interface for communicating directly or via a grid with a host processor and workstation miner (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses that the components of the system are either directly connected or connected over a network.).
Consider claim 5, Fresa discloses the engine of claim 4, wherein the engine is further configured to: operate in a Dynamic-KPI configuration (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses multiple performance that are used dynamically to set how the system should run to optimize profits. Different profiles can be used.).
Consider claim 6, Fresa discloses the engine of claim 5, wherein the controller is further configured to: enable users using the workstation to switch between Dynamic-KPI settings to prioritize profit performance metrics when the engine operates in Dynamic-KPI configuration (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses multiple performance that are used dynamically to set how the system should run to optimize profits. Different profiles can be used.).
Consider claim 7, Fresa discloses the engine of claim 3, wherein the engine is further configured to: operate in a mono mining optimizer (MonoMineOpt) configuration (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses being able to optimize for one type of cryptocurrency.).
Consider claim 8, Fresa discloses the engine of claim 7, wherein in the MonoMineOpt configuration, the engine enables the miner's operation below a calculated breakeven-working point and the miner's operation stabilizes above the breakeven point (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses the use of a chip profit threshold value and attempting to maximize profit.).
Consider claim 10, Fresa discloses the engine of claim 4, further comprising: a memory unit used to retain program code, input instructions, and libraries required for calculating mining profit function (η(t)), hash-rate, mining power, mining efficiency, and mining profitability (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses the storing of these metrics.).
Consider claim 11, Fresa discloses the engine of claim 2, wherein the FEE acquires information indicating the real-time temperature (Tj) of the miner, whereupon the controller processes the information to manage the miner's thermal condition by activating the miner’s air cooling, immersion cooling, or a combination thereof (Fig. 1-3, background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses sensors for monitoring the temperature and activating cooling system when needed.).
Consider claim 12, Fresa discloses the engine of claim 2, wherein the power tuner is configured to: acquire information indicating the real-time power consumption of the miner, whereupon the controller processes the information to tune power of the miner (background, Col. 5 lines 22-67, Col. 8 lines 10-15 and 43-66, Col. 10 lines 9-33, Col. 18 lines 36-67, Col. 20 lines 28-38, Col. 27 lines 8-11 and 31-34, Col. 28 lines 13-16, 29-33, Fresa discloses a miner that optimizes for profit by tuning voltage and frequencies. This can be performed by using chip configuration profiles. This is done to achieve an ideal hashrate.).
Response to Arguments
Applicant's arguments filed 5/18/2026 have been fully considered but they are not persuasive. The arguments pertain to the new claim amendments which have been addressed in the appropriate claim rejections above. The amendments have overcome the 112 issues, except the issue related to claim 13.
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 MICHAEL ALSIP whose telephone number is (571)270-1182. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Reginald G. Bragdon can be reached at (571)272-4204. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL ALSIP/Primary Examiner, Art Unit 2136
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