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.
Claims 1-20 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.
Claim 1 recites the limitations: “computing one or more ratios between two of the first, second, third, and fourth current power measurements; identifying a benchmark workload whose power-consumption profile most closely corresponds to the current workload by comparing the one or more computed ratios to one or more corresponding predetermined values”. The broadest reasonable interpretation of this limitation is that one ratio between the four current power measurements is computed. Then a comparison of the one computed ratio is made to one corresponding predetermined value. This process is claimed to identify a benchmark workload whose power-consumption profile most closely corresponds to the current workload. It is unclear how one comparison of one ratio to one predetermined value accomplishes the identifying, as claimed. It doesn’t seem like this limitation leads to identifying the most closely corresponding benchmark workload.
Further, it is unclear what the phrase “most closely corresponds to” means. It is unclear how the result of the comparison of one ratio to one corresponding predetermined value corresponds to a power-consumption profile? The term “most closely” is a relative phrase and without knowing more about the type of evaluation being performed, it is unclear what “most closely” is referring too. In other words, most closely to what and what correspondence is being optimized for.
Independent claims 12 and 20 have the same issues as claim 1 above. The dependent claims are rejected by virtue of their dependences on a rejected base claim.
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.
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, 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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