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 Objections
Claims 1-4 are objected to because of the following informalities:
Claims 1 and 3 are more than a single sentence. See MPEP 608.01(m): “Each claim begins with a capital letter and ends with a period. Periods may not be used elsewhere in the claims except for abbreviations”.
The following terms lack clear antecedent basis but do not rise to the level of indefiniteness: “the corrected timing duration” (claim 1), “the reference time” (claim 1), “the time error rate” (claim 1), “the second error duration” (claim 1), “the adjustment data” (claim 1), “the oscillation frequency timing” (claim 2), “the frequency counter” (claim 3), “the standard output frequency signal” (claim 3), “the reception of the frequency signal” (claim 3), “the cumulative frequency count value” (claim 3), and “the input and output conversion” (claim 4).
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.
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 1-4 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 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.
Claims 1-4 recite a control method for a timing apparatus and a control apparatus for a timing apparatus. However, it is the opinion of the examiner that the instant specification lacks the guidance necessary for one of ordinary skill in the art to make or use the invention.
In determining whether a claimed invention is enabled by the specification, a test as to whether the experimentation necessary to practice the invention is undue. A framework of factors in In re Wands has been developed by the Federal Circuit in order to determine compliance with the enablement requirement. These factors include, but are not limited to: (A) The breadth of the claims; (B) The nature of the invention; (C) The state of the prior art; (D) The level of one of ordinary skill; (E) The level of predictability in the art; (F) The amount of direction provided by the inventor; (G) The existence of working examples; and (H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In the instant invention, there is no substantial direction by the inventor provided in the specification other than the claim language itself. For example, “obtain first time data output by a Pierce oscillation network” is first recited in claim 1. However, there is no detail provided in the specification how to arrange a “Pierce oscillation network” and from the network obtain the “first time data output”. Further, there is no guidance as to how to generate “time-sequence control data”, how to generate “error data of the first-sequence control data”, how a “second time-sequence control data” is determined “based on the frequency timing data”, and how the various other “data” are generated or determined. The instant specification provides no specific structure or working examples of how to provide the recited method performing the above steps. As the nature of the invention is complex, involving determining various “error data”, “time-sequence control data”, “sets of time-sequence control signals”, etc. and little to no guidance is provided as to how one of ordinary skill in the art would generate the recited control data, error, data, and time data, the quantity of experimentation needed to make or use the invention based on the sparse content of the disclosure would be substantial. Therefore, claim 1, as well as claims 2-3 of which claim 1 depends, recites 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 4 similarly suffers from similar lack of enabling disclosure issues. In claim 4, “a Pierce oscillation network module composed of quartz crystal oscillators, a digital signal conversion module, a time setting control module, a detection controlling module, an adjustment controlling module, and an output module” are recited. However, there is no guidance how “time data” is derived from the “network” of Pierce oscillators, how time sequence control data is derived based on the time data, what exactly “actual time-sequence control data” is and how it is determined, how an adjustment is carried out on “the time data output by the Pierce oscillation network module”, and how the coordination between input and output conversion of digital signals takes place. The instant specification provides no specific structure or working examples of how to provide the recited apparatus performing the above functions. As the nature of the invention is complex and little to no guidance is provided as to how one of ordinary skill in the art would provide the above modules with the recited functions, the quantity of experimentation needed to make or use the invention based on the sparse content of the disclosure would be substantial.
Claims 1-4 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.
In claim 1, “the reference time data” is recited, which lacks clear antecedent basis. The term is indefinite, as it is unclear whether the term is intended to refer back to a previously recited “time data” or a unique time data.
In claim 1, “obtain a result of control completion, re-generation, or alarm” is recited. It is unclear from the specification what exactly “a result of control completion” or “regeneration” corresponds to.
In claim 1, “it is determined” is recited. It is unclear what is specifically being referred to as “it” and whether the limitation is directed to another method step or a functional limitation of structure within the claim. The examiner suggests “determining” in place of “it is determined”.
In claim 4, “the digital signal conversion module is configured to coordinate the input and output conversion of digital signals of the various modules”. “the various modules” lacks clear antecedent basis, and it is unclear whether the limitation is directed to all of the previously recited modules or different modules. Further, it is unclear when read in light of the specification what function the “digital signal conversion module” performs.
In claim 4, “The Pierce oscillation network module is configured to generate a local clock signal, that is, time data”. However, a pierce oscillator merely generates an oscillating signal at a predetermined frequency, and it is unclear whether the generated signal is a “local clock signal” or “time data”, and what form the “data” encompasses.
In claim 4, “The output module is configured to output a corresponding to result in a preset form based on a secondary detection result” is recited, but it is unclear what exactly is the “result” and what the “preset form” corresponds to.
Claims 2-3 are rejected merely for inheriting deficiencies of claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fujisawa (US 2009/0274011) generally discloses adjusting time data from a crystal oscillator (see abstract).
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.
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/RYAN JOHNSON/Primary Examiner, Art Unit 2836
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