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 .
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: a first logic gate configured to receive outputs of the two SR latches and generate a first output signal indicative of the phase difference; and a second logic gate configured to receive outputs of the two SR latches and generate a second output signal complementary to the first output signal as claimed in claim 1; wherein the NAND gates (106) of the edge detection circuits comprise transistors as claimed in claim 3; wherein the transistors are configured as NMOS transistors as claimed in claim 4; and wherein the first and second logic gates are NAND gates as claimed in claim 5 must be shown 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.
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.
a) regarding claim 1:
The limitations, “a first logic gate configured to receive outputs of the two SR latches and generate a first output signal indicative of the phase difference; and a second logic gate configured to receive outputs of the two SR latches and generate a second output signal complementary to the first output signal,” fails to comply with the written description requirement. There was no description provided of a logic gates configured to receive outputs of the two SR latches and to generate a signal indicative of the phase difference.
b) regarding claims 2-11:
These claims are rejected based on their dependence from claim 1.
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 1-12 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.
a) regarding claim 1:
It is unclear, and therefore indefinite, if “a first output signal” in lines 10-11 is the same or different from “a first output signal” in line 3.
It is unclear, and therefore indefinite, if “a second output signal” in lines 12-13 is the same or different from “a second output signal” in line 5.
It is unclear, and therefore indefinite, if “the first output signal” in line 13 is referring back to “a first output signal” in line 3 or “a first output signal in lines 10-11.
b) regarding claims 2-11:
The claims are rejected based on their dependence from claim 1.
c) regarding claim 12:
It is unclear, and therefore indefinite, if “a first output signal” in line 6 and “a second output signal” in line 8 are the same or different from “first and second output signals” in line 3.
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 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharma et al. (US Patent No. 5,736,872).
a) regarding claim 12 (as best understood):
Sharma et al. discloses a method (Figures 6 and 9) for generating up and down signals indicative of a phase difference between a reference clock signal (FIN) and a feedback clock signal (FBK), the method comprising:
generating first and second output signals (outputs of 42 and 43) indicative of edges of the reference clock signal (FIN) and the feedback clock signal (BK), respectively (column 8, lines 41-52);
receiving the first and second output signals in a phase detection circuit (44-47 and 97-103);
generating a first output signal (UP’) indicative of the phase difference based on the first and second output signals; and
generating a second output signal (DN’) complementary to the first output signal (column 11, lines 53-57).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick O'Neill whose telephone number is (571)270-1677. The examiner can normally be reached Monday- Friday 9AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lincoln Donovan can be reached at (571)272-1988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK O NEILL/ Primary Examiner, Art Unit 2842