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 § 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.
(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.
Claims 1 and 6-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsai et al. (US 2020/0336150, of record and hereinafter “Tsai”).
Claim 1: Tsai discloses a method (of operation of Figs.2-3) comprising:
generating, using an oscillator (150), a first signal (output of 150) having a frequency based on a current (the sum of I1 and I2; see Figs.2 and 3, see [0019]);
generating, based on a second signal (VIN), a first portion of the current (I1), the first portion of the current having a first frequency characteristic (a pass-through characteristic, in the same manner as the instant invention; see Fig.2); and
generating, based on the second signal (VIN), a second portion of the current (I2), the second portion of the current having a second frequency characteristic (filtered with low-pass filter 140, thus having a second frequency characteristic different from I1; see [0019]).
Claim 8: Tsai discloses a circuit (Fig.2) comprising:
an oscillator (150) configured to generate a first signal having a frequency based on a current (the sum of I1 and I2; see Figs.2 and 3, see [0019]); and
a current generator (110, 210, 220) configured to generate the current (provided to 150);
wherein the current generator comprises:
a first path (generating I1) configured to generate, based on a second signal (VIN), a first portion of the current (I1), the first path having a first frequency characteristic (a pass-through function, in the same manner as the instant invention); and
a second path (generating I2) configured to generate, based on the second signal (VIN), a second portion of the current (I2), the second path having a second frequency characteristic (filtered with low-pass filter 140, thus having a second frequency characteristic different from I1; see [0019]).
Claim 6: Tsai discloses wherein the first frequency characteristic comprises: a first phase shift at a first frequency; and a second phase shift at a second frequency (provided by the filter 140, which also being a low-pass filter would have the same phase shifting function as the corresponding low-pass filter in the instant invention).
Claim 7: Tsai discloses the first phase shift is in a first direction; and the second phase shift is in a second direction (provided by the filter 140, which also being a low-pass filter would have the same phase shifting function as the corresponding low-pass filter in the instant invention).
Claim 9: Tsai discloses the first path comprises a first transistor (M1) configured to generate, based on the second signal (VIN), the first portion of the current (I1); and the second path comprises a second transistor (M2) configured to generate, based on the second signal (VIN), the second portion of the current (see Fig.2).
Claim 10: Tsai discloses wherein the second path comprises a filter (140) configured to control, based on the second signal (based on VIN), the second transistor (M2; see Fig.2).
Claim 11: Tsai discloses wherein the current generator comprises a third transistor (M1, receiving VIN) configured to control, based on the second signal (VIN), the first transistor and the second transistor (see Fig.2 and [0019]).
Claim 12: Tsai discloses wherein: the first path is configured to generate, based on a third signal (the current provided by 110), the first portion of the current (I1); the second path is configured to generate, based on the third signal (the current provided by 110), the second portion of the current (I2); and the circuit further comprises an input stage configured to generate, based on the second signal, the third signal (by 110; see Fig.3).
Claim 13: Tsai discloses wherein the current is a first current (I1), the third signal is a second current (IIN), and the current generator comprises a current mirror (120, 310) configured to: generate, based on the second current (I2), using the first path (I1), a first portion of the first current (I1+I2); and generate, based on the second current (I2), using the second path (140 and 310), a second portion of the first current (I2).
Claims 1 and 6-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. (US 2025/0096808, of record and hereinafter “Wu”).
Claim 1: Wu discloses a method (of operation of Fig.1) comprising:
generating, using an oscillator (150), a first signal (output of 150) having a frequency based on a current (the sum of Io1 and Io2; see Fig.1 and [0017]);
generating, based on a second signal (Vin), a first portion of the current (Io1), the first portion of the current having a first frequency characteristic (a pass-through characteristic, in the same manner as the instant invention; see Fig.1); and
generating, based on the second signal (Vin), a second portion of the current (Io2), the second portion of the current having a second frequency characteristic (filtered with low-pass filter 140, thus having a second frequency characteristic different from Io1; see [0017] and [0019]).
Claim 8: Wu discloses a circuit (Fig.1) comprising:
an oscillator (150) configured to generate a first signal having a frequency based on a current (the sum of Io1 and Io2; see Fig.1 and [0017]); and
a current generator (110-140) configured to generate the current (provided to 150);
wherein the current generator comprises:
a first path (generating Io1) configured to generate, based on a second signal (Vin), a first portion of the current (Io1), the first path having a first frequency characteristic (a pass-through function, in the same manner as the instant invention); and
a second path (generating Io2) configured to generate, based on the second signal (Vin), a second portion of the current (Io2), the second path having a second frequency characteristic (filtered with low-pass filter 140, thus having a second frequency characteristic different from Io1; see [0017] and [0019]).
Claim 6: Wu discloses wherein the first frequency characteristic comprises: a first phase shift at a first frequency; and a second phase shift at a second frequency (provided by the filter 140, which also being a low-pass filter would have the same phase shifting function as the corresponding low-pass filter in the instant invention).
Claim 7: Wu discloses the first phase shift is in a first direction; and the second phase shift is in a second direction (provided by the filter 140, which also being a low-pass filter would have the same phase shifting function as the corresponding low-pass filter in the instant invention).
Claim 9: Wu discloses the first path comprises a first transistor (Mo1) configured to generate, based on the second signal (VIN), the first portion of the current (I2); and the second path comprises a second transistor (M1) configured to generate, based on the second signal (VIN), the second portion of the current (see Fig.2).
Claim 10: Tsai discloses wherein the second path comprises a filter (140) configured to control, based on the second signal (based on VIN), the second transistor (M2; see Fig.2).
Claim 11: Wu discloses wherein the current generator comprises a third transistor (M11) configured to control, based on the second signal (Vin), the first transistor and the second transistor (see Fig.1 and [0017]-[0019]).
Claim 12: Wu discloses wherein: the first path is configured to generate, based on a third signal (Iin), the first portion of the current (Io1); the second path is configured to generate, based on the third signal (Iin), the second portion of the current (Io2); and the circuit further comprises an input stage configured to generate, based on the second signal, the third signal (by 110; see Fig.1).
Claim 13: Wu discloses wherein the current is a first current (Io1), the third signal is a second current (Iin), and the current generator comprises a current mirror (formed by M11, Mo1, Mo2) configured to: generate, based on the second current (Io2), using the first path (including Iin), a first portion of the first current (Io1); and generate, based on the second current (Io2), using the second path (140 and Mo2), a second portion of the first current (Io2).
Claim 14: Wu discloses wherein the input stage is configured to generate, based on a comparison (via OP) of the second signal (Vin) and a fourth signal (Vfb), the third signal (via M11; see Fig.1).
Claim 15: Wu discloses a detector circuit (410, 420, 430) configured to generate, based on a comparison of the first signal (via LD 450) and a third signal (ClkREF), the second signal (input from filter 430 to VCO 440; see Fig.4 and [0042]).
Claim 16: Wu discloses wherein: the circuit has a loop bandwidth; the first path has a pole at a pole frequency; and the loop bandwidth is greater than the pole frequency (the first path being a pass-through path in the same manner of the instant invention, thus the loop bandwidth of 0.01 being greater than the pole frequency in the same manner as the instant invention; see [0042]).
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.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai in view of Cheng et al. (US 11,870,450, of record and hereinafter “Cheng”).
Tsai discloses the limitations of claim 1, as well as controlling a frequency of the first signal by controlling an operating frequency of the oscillator (via Vin, which is converted to current via 220, controlling the frequency of 150; see [0018]) but does not explicitly disclose controlling a gain of the first frequency characteristic based on the frequency of the first signal, as required by claims 2-5. Cheng discloses providing gain control via parallel switched transistors within a similar current mirror for a current-controlled ring oscillator (see transistors 160 of Fig.5 and Fig.1). Cheng discloses determining a particular gain based on a desired operation frequency in a manner similar to the instant application (see col.5,26-43 and col.5,59-11), where a phase of the oscillator signal is also controlled (i.e. by controlling frequency). The combination further discloses providing different gains at different frequencies of the first frequency characteristics (the filter 140 of Tsai would provide different “gains” based on a different “frequency” provided at the input due to the low pass filtering of the filter) on different frequencies. Cheng discloses that by providing adaptive gain control to an ICO, jitter and reference spur management may be accomplished (see col.1,30-32). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to have provided gain control based on a desired frequency via the use of parallel mirror transistors, as disclosed by Cheng, with the circuit of Tsai in order to have provided jitter and reference spur management.
Response to Arguments
In light of the amendment filed 12/18/2025, the previous objection to the specification and rejection of claims 2-5 and 13 have been withdrawn.
Applicant's arguments filed 12/18/2025 with respect to the rejection of claims 1 and 6-13 under 35 U.S.C. 102(a)(1) over Tsai and claims 1 and 1-16 under 35 U.S.C. 102(a)(2) over Wu have been fully considered but they are not persuasive.
Applicant argues, “Tsai does not disclose … a “current” that is partitioned into portions each having distinct, defined “frequency characteristics” including the first and second frequency characteristics”. Applicant further elaborates that Tsai's first output current I1 and second output current I2 generated by separate current supply circuits (120, 130) that are each driven from an input current IIN, but Tsai never describes them as "portions of a current" nor as being formed by splitting a single current into separate portions”.
The examiner respectfully disagrees, as Tsai discloses providing two portions of current, I1 and I2, which are combined into a single current at the combining node of 150. Therefore, I1 represents a “first portion” of the current provided to 150, whereas I2 represents a “second portion”, the total current provided to 150 being represented by I1 + I2. As I1 has a different frequency response due to the lack of filter between M1 and M2, I1 has a first frequency response while I2 has a second frequency response.
Applicant next argues, “Tsai's currents are thus independently mirrored currents, not portions of one current in the sense used in Applicant's specification and claims.”
The examiner respectfully disagrees and contends that Tsai’s currents are of the same type as the instant invention, thus clearly read upon the claimed language. For example, instant Figure 17 discloses an example of the current portion generating circuits, which is identical to that of Tsai. In instant Fig.17, the currents I1703 and I708 correspond to the “first portion” and “second portion”, each provided by a current mirror with a filter between 1740 and 1741 to provide the different frequency characteristics :
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561
715
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Tsai discloses an identical configuration, with a current mirror providing a first portion (I1) and a second portion (I2), with a filter between the transistors to provide a different frequency characteristic:
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443
504
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Finally, Applicant argues, “The Office Action appears to be reading Tsai's VCO filter 140 as providing different "frequency characteristics" for I1 and I2(e.g., slow response in I2 vs fast response in I1). However, this does not satisfy the claim language when interpreted in view of Applicant's disclosure. In the present application, "frequency characteristic" is used in a precise sense: it refers to the transfer function vs. frequency from the second signal (e.g., a control signal CTRL or Vcont) to the corresponding current portion. See, for example, [0109]-[0111] of the specification: first path 1540 has a transfer function H1(s) and second path 1541 has a transfer function H2(s). At [0111], an illustrative embodiment uses H1(s) = 1 and H2(s) =1/(1+RCs).”
However, the examiner disagrees that there is any distinction between the above argued function and Tsai. Tsai also discloses a transfer function H1(s)=1, which corresponds to a pass-through characteristic, as clearly shown by 110 and 210 of Tsai, whereas the second current generation provides a similar H2(s) =1/(1+RCs) transfer function, which corresponds to the filter 140 having a resistance RLPF and capacitance CLPF.
Applicant next argues, “By contrast, in Tsai, the first current supply circuit 120 simply mirrors the input current (e.g., current mirror 210 in FIG. 2) without any filter or frequency-dependent element between the control node and the mirror gate … Thus, at most, Tsai provides a single explicit frequency- dependent path (the VCO filter path for the second current supply circuit). The first current supply circuit path has no frequency-dependent shaping with respect to the second signal; it is bounded by DC gain only. Under Applicant's usage of the term "frequency characteristic," Tsai therefore does not disclose two portions of the same current each having its own well-defined frequency characteristic H1(s) and I1(s) based on the second signal.” However, the examiner contends that a pass-through function described by Applicant reads on the claims when read in light of the specification. The instant specification discloses a mirrored current for the first current portion (see the above figure, as well as figures 21 and 23-26, as well as [0111], which explicitly defines the first transfer function corresponding to the first frequency characteristic as a “pass-through function”). The examiner notes that nowhere in the instant specification is a filter disclosed at the gate of the first current portion generation circuit or any first frequency characteristic other than a pass-through characteristic.
Therefore, the rejections under 35 U.S.C. 102 are maintained and this action is made final.
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 RYAN JOHNSON whose telephone number is (571)270-1264. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menna Youssef can be reached at (571)270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN JOHNSON/Primary Examiner, Art Unit 2849